Citizenship will be automatic and retroactive to the date of loss or date of birth, depending on the situation. Also, all individuals who are Canadian citizens at the time the law comes into effect will keep their citizenship. Until the new law comes into effect, the current law still applies.
This means that people who will become citizens under the new law but wish to move to Canada before it comes into effect must contact CIC to find out what steps they must take to come to Canada legally. Also, people born outside Canada who are subject to the retention rules and who turn 28 before the law comes into effect must still take action to retain citizenship.
Who will become a citizen?
- The law restores citizenship to the following individuals who lost it due to rules in previous laws:
- People who became citizens when the first citizenship act took effect on January 1, 1947, including people born in Canada prior to 1947, war brides, and other British subjects who had lived in Canada for at least five years before 1947;
- People who where born in Canada or became a Canadian citizen on or after January 1, 1947, and who then lost citizenship; and
- People who were born outside Canada, on or after January 1, 1947, in the first generation born abroad, to a parent who was a Canadian citizen at the time of the birth.
The law gives citizenship to the following individuals who have never been citizens: - People who did not take the steps necessary to become a citizen and who were born outside Canada on or after January 1, 1947, in the first generation born abroad to a parent who was a Canadian citizen at the time of the birth.
Who will not become a citizen?
- The following individuals will not become citizens under the new law:
- People who did not become citizens when the first citizenship act took effect on January 1, 1947;
- People born in Canada who are not citizens because at the time of their birth one of their parents was a foreign diplomat;
- People who where born outside Canada to a Canadian parent, who are not already citizens, and who where born in the second or subsequent generation abroad;
- People who where born outside Canada to a Canadian parent, in the second or subsequent generation abroad and who lost citizenship because they did not take the steps needed to retain their citizenship;
- People who renounced their citizenship, as an adult, with Canadian government;
- People whose citizenship was revoked by the government because it was obtained by fraud.
Adoption
The rules that came into effect in December 2007 that allow children born outside Canada and adopted after February 14, 1977 to become Canadian citizens without having to become permanent residents will be extended to persons adopted on or after January 1, 1947.
For the adopted person to be eligible for citizenship, certain requirements must be met, including, the submission of an application. This also includes persons adopted by someone who will reacquire Canadian citizenship under the new law.
Persons born or adopted outside Canada after the new law comes into effect
The new law changes the rules for people born outside Canada. Individuals born outside Canada to a parent, who was a Canadian Citizen at the time of the birth, will only be Canadians at birth if:
- The parent was born in Canada;
- The parent became a Canadian citizens; that is, by immigrating to Canada and being granted citizenship.
This means that children born in another country after the new law comes into effect will not be a Canadian citizen by birth if they were born outside Canada to a Canadian parent who was also born outside Canada to a Canadian parent. This limitation will also apply to foreign-born persons adopted by a Canadian parent. Adopted children of Canadian citizens will be considered to be the first generation born abroad. This means that:
- If a person adopted by a Canadian parent has a child outside Canada, that child is not a citizen by birth;
- If a person adopted by a Canadian parent adopts a child outside Canada, that child will not be eligible to apply for citizenship under the adoption provisions in the Citizenship Act;
- If a person born outside to a Canadian parent, in the first generation born abroad, adopts a foreign-born child, that adopted child will not be eligible to apply for citizenship under the adoption provisions in the Citizenship Act.
Children who are not eligible for citizenship under the Citizenship Act may be sponsored as permanent residents.
How to prove you are a Canadian citizen?
For most purposes, people who were born in Canada may use their provincial or territorial birth certificate to prove their Canadian citizenship. Individuals who were born in Canada, lost citizenship in the past, and either resumed citizenship in the past or reacquire it under the new law should be able to use their birth certificate as proof of citizenship. People who were born outside Canada require a citizenship certificated to prove their Canadian citizenship. To find out how to apply for a citizenship certificate, visit www.cic.gc.ca/english/citizenship/proff-how. asp. Getting ready for the new law CIC is preparing for the new law by:
- Writing regulations to support the amendments;
- Writing information sheets to explain the changes;
- Updating applications and other forms;
- Training staff;
- Working with stakeholders and partners to ensure they know about the changes and can inform others about the.
Excerpts from CIC Website
A Notary Public in the City of Burnaby and a member of the Canadian Society of Immigration Consultants, Editha Corrales Nelson’s preferred areas of practice are Will Preparation, Powers of Attorney, Wills Preparation, International Legal Documents, Affidavits, Letters of Invitation, Statutory Declarations, and other notarial services.
For an appointment, please call: 604-777-2757. The following should not be construed as providing legal advice and information in this column is intended only as a general guide and should not be applied to specific circumstances without further consultation.
For more information on the subject, contact Editha Corrales Nelson at 777-2757.
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