Indian diaspora to benefit as Canada to scrap citizenship law

On Thursday night, Marc Miller, Canada’s immigration minister, unveiled a bill that will allow citizenship by descent to be acquired by anyone other than first-generation Canadians. The Indian diaspora, among other immigrants, has welcomed this news.

A “first-generation limit” was added to citizenship by descent in an amendment made to the Citizenship Act in 2009. This meant that a parent who was born in Canada or who had obtained naturalization before to the birth of the kid could only confer citizenship to a child born outside of the country.

However, if the child was also born outside of Canada, Canadian citizens who were born outside of Canada were unable to pass on their citizenship to their offspring due to the first-generation limit.They were also unable to apply for a straight citizenship grant for a child adopted from outside of Canada.

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The first generation limit was ruled to be unlawful by a court last year, which prompted the proposed modification.

The first-generation limit is demonstrated by immigration lawyer Pavan Dhillon. Mrs. A was formerly a citizen of India, where she was born. Following her immigration, she became a citizen of Canada. She gave birth to “B” when she got back to India. ‘B’ could now become a citizen of Canada via descent.

The first-generation limit prevented Canadian citizens who were born outside of Canada from transferring their citizenship to their children, notwithstanding, if the child was also born outside of Canada.Additionally, they couldn’t petition for a grant of direct citizenship for a kid adopted from outside of Canada.

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The planned amendment came about because a judge last year declared the first generation limit to be illegal.

Immigration attorney Pavan Dhillon demonstrates the first-generation limit. Mrs. A was born in India, where she was formerly a citizen. She immigrated and then obtained Canadian citizenship. When she returned to India, she gave birth to “B”. ‘B’ could now obtain Canadian citizenship by descent.

In order for a parent born overseas to pass on citizenship to their adopted child, the proposed requirements stipulate that the parent must have physically resided in Canada for a minimum of 1,095 days prior to the adoption or birth of the child.

According to the Canadian immigration agency, in the event that the law is approved by Parliament and is ratified by the monarch, the modifications will be implemented as soon as possible. Eligible individuals will also have access to further information on the agency’s website.