New bill will extend citizenship rights to some children born abroad | CBC News (2024)

Politics

A new government bill tabled in the House of Commons on Thursday would allow Canadians to pass citizenship rights down to their children born outside the country — a move that would add an unknown number of new citizens.

Amendments to Citizenship Act stripped some people born abroad of Canadian citizenship

The Canadian Press

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New bill will extend citizenship rights to some children born abroad | CBC News (1)

A new government bill tabled in the House of Commons on Thursday would allow Canadians to pass citizenship rights down to their children born outside the country — a move that would add an unknown number of new citizens.

In 2009, former Conservative prime minister Stephen Harper's government changed the law so that Canadian parents who were born abroad could not pass down their citizenship, unless their child was born in Canada.

Those who've not had access to citizenship rights as a result of the amendments are known as "Lost Canadians."

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The new bill looks to undo that change — which was struck down by a recent court challenge —and extend citizenship by descent beyond the first generation born outside of Canada.

The legislation would automatically confer citizenship rights on children born since 2009 who were affected by the Conservatives' changes.

It would also create a new test for children born after the legislation comes into force.

WATCH |Immigration minister tables bill extending citizenship rights to children born abroad

New bill will extend citizenship rights to some children born abroad | CBC News (2)

Immigration minister tables bill extending citizenship rights to children born abroad

4 days ago

Duration 1:29

Immigration Minister Marc Miller has tabled a new bill extending citizenship to children born abroad to a Canadian parent who was also born outside of the country. The children will be citizens from birth as long as their parents can prove ‘a substantial connection to Canada.'

Parents who were born outside of Canada will need to have spent at least three years in Canada before the birth or adoption of their child to pass on their Canadian citizenship.

The government has no idea how many people will be automatically granted citizenship if the legislation is passed.

"We're a country that supports human rights, equality, and respect for all people," Immigration Minister Marc Miller said in the foyer outside of the House of Commons after he tabled the bill.

"There's no doubt that Canadian citizenship is highly valued and recognized around the world. We want a citizenship to be fair, accessible, with clear and transparent rules."

WATCH |New citizenship bill is a matter of 'fairness' for Canadians,minister says:

New bill will extend citizenship rights to some children born abroad | CBC News (3)

New citizenship bill is a matter of 'fairness' for Canadians: minister

5 days ago

Duration 8:24

Newly tabled legislation could have major implications for Canadian parents born abroad with children who were also born outside of Canada. Immigration Minister Marc Miller tells Power & Politics this bill will help create fairness for 'lost Canadians.'

Last year, the Ontario Superior Court found the current system unconstitutionally creates two classes of Canadians, and gave Ottawa until June 19 to fix the problem.

"This is an example of Conservatives having taken away Canadians' rights and something they hold most dear to them, in their citizenship," Miller said.

The implications of the change made in 2009 were hugely significant for families, NDP immigration critic Jenny Kwan said. She helped to draft the new legislation alongside the Liberals.

"I've talked to family members who've been separated from their loved ones because of this unjust law that Conservatives brought in 15 years ago," she said.

"I've talked to family members where their children are deemed stateless, lost in the system, because of this unjust, punitive, unconstitutional law that the Conservatives brought in."

The Conservatives did not immediately respond to a request for comment.

The government may have to request an extension from the court while the bill makes its way through the House of Commons, Miller said, but he doesn't want to wait long to fix the issue because people are being affected in the meantime.

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New bill will extend citizenship rights to some children born abroad | CBC News (4)

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New bill will extend citizenship rights to some children born abroad | CBC News (2024)

FAQs

New bill will extend citizenship rights to some children born abroad | CBC News? ›

Immigration Minister Marc Miller has tabled a new bill extending citizenship to children born abroad to a Canadian parent who was also born outside of the country. The children will be citizens from birth as long as their parents can prove 'a substantial connection to Canada. '

What happens if two Americans have a baby in Mexico? ›

A child born outside the United States or its outlying possessions to two U.S. citizen parents, in wedlock, is entitled to citizenship, provided one parent has, prior to the birth of the child, been resident in the United States or one of its outlying possessions. No specific period of time is required.

What happens if a foreigner has a baby with a U.S. citizen? ›

A child born outside of the United States and in wedlock to a U.S. citizen parent and a non U.S. citizen parent, may acquire U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions for a period of five years, two of which were after the ...

Can a child born out of wedlock get U.S. citizenship? ›

If the child was born abroad out-of-wedlock on or after November 14, 1986 to two U.S. citizen parents, and the U.S. citizen father satisfies the criteria of the “new” INA 309(a), listed below, the child will acquire U.S. citizenship under INA 301(c) if at least one of the parents had a residence in the United States or ...

Are you a citizen if you have a baby in another country? ›

In most cases, being born on foreign soil does not automatically make someone a citizen of that country. Citizenship is based on the parents' nationality. If both parents are American, the baby is also American, no matter where he or she is born.

Can I stay in the US if my child is born here? ›

Mothers who are thinking about or have already given birth in the United States need to establish their right to stay in the country. This involves submitting an application for a Green Card or another suitable visa.

Is a child born in the USA automatically a U.S. citizen? ›

Amendment XIV, Section 1, Clause 1 of the U.S. Constitution directs that all persons born in the United States are U.S. citizens. This is the case regardless of the tax or immigration status of a person's parents.

What happens if a U.S. citizen gives birth outside the US? ›

Typically, when a child is born outside the U.S. to parents who are U.S. citizens, they would file a Consular Report of Birth Abroad (CRBA). The U.S. Department of State issues CRBAs before a child turns 18 and are proof of the child's U.S. citizenship.

Can I get a work permit if my child is born in the USA? ›

Only if the US citizen children are over 21. If they are not, you need to maintain your student status until you are able to find either an employer to sponsor a work-based visa, qualify for an investment visa, or leave the US so you do not accrue unlawful presence.

What happens if a tourist gives birth in the USA? ›

Although your child will get automatic citizenship upon their birth, it doesn't automatically give you citizenship as well. You will likely come to the attention of immigration officers, who want to know that you intend to return to your home country.

What is the new rule for U.S. citizenship by birth? ›

Under the bill, a person is subject to U.S. jurisdiction if he or she is born to a parent who is (1) a U.S. citizen or national, (2) a lawful permanent resident residing in the United States, or (3) an alien performing active service in the Armed Forces.

How do you become a U.S. citizen after 70 years old? ›

Green card holders who are age 65 or older and who have lived in the U.S. as permanent residents for at least 20 years (not necessarily continuously) can take an easier version of the U.S. history and government (civics) exam that is required of naturalization applicants.

What is my nationality if I was born in Mexico but a U.S. citizen? ›

Having dual citizenship, also known as dual nationality, means being a citizen of the United States and another country at the same time.

What is the best country to give birth in? ›

The top 3 places to give birth
  • First Place: Poland – Overall Score 7.05. Recognised as the best place to give birth worldwide is Poland. ...
  • Second Place: Estonia – Overall Score 6.98. ...
  • Third Place: Japan – Overall Score 6.82. ...
  • Belgium – 71.51. ...
  • Greece – 43.4 weeks with 27 weeks full-rate equivalent.
Sep 28, 2022

How long can a U.S. citizen baby stay out of the country? ›

How long can a USA born baby stay out of the country without losing citizenship? Forever. There are no requirements to visit or live in the US for a US citizen. Anyone born in the US, who doesn't have parents in the diplomatic service of a different country, is a US citizen.

What happens if you have a baby with someone in another country? ›

Typically, a child born in a foreign country with one U.S. citizen parent is entitled to American citizenship. Of course, Uncle Sam has set up more hoops in some situations than in others. Your local embassy or consulate is the best resource for answers about this bureaucratic circus.

Do you get citizenship if you have a baby in Mexico? ›

If a child is born in Mexico, even to parents who are not Mexican nationals, or born abroad to at least one parent who is a Mexican citizen, they are granted Mexican citizenship by birth.

What happens if I give birth in Mexico? ›

So from an immigration point of view, giving birth in Mexico is an absolute no-brainer. So the child automatically becomes a Mexican citizen. And then you, as the parents of a naturally-born Mexican citizen, are entitled immediately to permanent residency for life, as well as the grandparents and the siblings.

Do children of U.S. citizens get citizenship? ›

Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include: Have at least one U.S. citizen parent by birth or naturalization. Be admitted to the United States as an immigrant for lawful permanent residence.

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