A long-fought battle for belonging concluded this week as changes to Canadian citizenship laws took effect, reversing restrictions imposed in 2009. These revisions restore the right to citizenship for children born abroad to Canadian parents, a group often referred to as “lost Canadians.” The shift follows a landmark court decision that deemed the previous rules unconstitutional.
For years, the 2009 amendments created a complex situation: children of Canadian citizens born outside of Canada were only eligible for citizenship if *their* children were born within Canada. This meant a generational gap, denying automatic citizenship to those born abroad to these parents. The new rules dismantle this barrier, offering a path to citizenship for those previously excluded.
Immigration Minister Lena Diab emphasized the changes reflect the realities of modern Canadian life. Many Canadians pursue education, work, or family connections overseas while maintaining strong ties to their homeland. The updated legislation aims to strengthen those bonds and reaffirm core Canadian values.
The new regulations require applicants to demonstrate their parent possessed Canadian citizenship at the time of the applicant’s birth. Crucially, the parent must also prove “substantial connections to Canada,” primarily through having lived in Canada for at least 1,095 days – three years – before the child’s birth.
Bill C-3, the legislation enacting these changes, received royal assent in November after a journey through the House of Commons and Senate. Its passage was spurred by a December 2023 Ontario Superior Court ruling that invalidated the 2009 restrictions, a decision the federal government did not appeal.
The court’s decision prompted immediate, temporary measures from Immigration, Refugees and Citizenship Canada to assist those affected. Now, those previously applying under those interim measures will automatically have their cases reviewed under the new policy, requiring no further action.
Eligibility extends beyond those currently applying. Individuals born outside Canada *before* their parent gained citizenship, and even those who previously lost their Canadian citizenship, may now be able to apply. This opens a door to reclaiming a national identity for many who felt disconnected.
The path to this resolution was not without its hurdles. The government faced deadlines to enact new legislation following the court ruling, requiring multiple extensions as Bill C-3 navigated the parliamentary process. Previous attempts to amend the Citizenship Act were stalled when Parliament dissolved earlier in the year.
For countless Canadians scattered across the globe, this change represents more than just a legal correction. It’s a restoration of belonging, a reaffirmation of their connection to Canada, and a promise of a future where citizenship reflects the diverse and mobile lives of Canadian families.
