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Canadian Citizenship Rules Changes Put on Hold

  • Posted on July 29, 2024
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Canadian Citizenship Rules Changes Put on Hold

New criteria for the first generation of limiting the acquisition of Canadian citizenship by inheritance have been reported by CIC News as planned for at least August. Living in another country and being born there, those kids do not get Canadian citizenship under FGL rule if their parents are Canadian citizens born in other countries. However, the Ontario Supreme Court has considered this rule unconstitutional and has set a June 19, 2024 deadline for the federal government to resolve the same. For anyone planning a trip to India, getting cheap tickets to India from Canada through Tripbeam may become critical during this time.

Changes to Canada’s First-Generation Limit Delayed

As reported by CIC News, anticipated modifications to Canada’s first-generation limit (FGL) concerning the transmission of Canadian citizenship have been delayed until at least August.

According to the first-generation limit rule, a child born outside of Canada to a Canadian citizen who was also born abroad will not automatically acquire Canadian citizenship from their parents.

Earlier, Ontario’s Supreme Court instructed the federal government to revise the FGL rule in the Canadian Citizenship Act, declaring it unconstitutional for establishing “a lesser class of citizenship.” The court established a deadline of June 19, 2024, for resolving this matter.

Nonetheless, the federal government has successfully sought and secured an extension from the Ontario Supreme Court. The new deadline to present solutions to the FGL problem is now August 9th, 2024, under this extended timeline, which includes additional conditions.

The Hearing Scheduled for August 2024

In a statement to CTV News, an Immigration Refugees and Citizenship Canada spokesperson confirmed that a hearing will be held on August 1, 2024, to assess whether extending the deadline to December 2024 is warranted. The presiding Judge also requested an update on the progress of implementing Bill C-71 since the initial decision in May, along with a plan for advancing the bill to a conclusion by December 19, 2024, according to the report.

Overview of Bill C-71

Bill C-71 is a proposed amendment to Canada’s Citizenship Act aimed at repealing the FGL rule established in 2009. Should the Bill be granted Royal Assent, it will enable eligible foreign nationals, whose parent(s) maintain a significant connection to Canada and are affected by the FGL, to acquire Canadian citizenship.

Definition of Substantial Connection

The connection is substantial if the Canadian parent born outside Canada has had a physical presence in the Canadian territory for more than 1095 days or approximately 3 years before the birth or adoption of the child.

Legislative Timeline

Given that the House of Commons is on summer recess until mid-September, any modifications to the FGL are expected to be deferred until December of this year. In the meantime, those planning to visit India can book last minute flights from Canada to India with Tripbeam.

Also Read: Why Do You Need Travel Insurance When Traveling Abroad?

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