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

1 day 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

2 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

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.

Can a child born out of wedlock get US 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 ...

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

In the situation of a child being born outside the country to a US citizen parent and an alien the child will acquire US citizenship if the US citizen parent has been living in the US or one of its outlying possessions prior to the child's birth for the appropriate period of time under current law (INA 301(g).

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.

Is my child automatically a U.S. citizen if born abroad? ›

A child born outside of the United States and in wedlock to a U.S. citizen mother and U.S. citizen father acquires U.S. citizenship at birth if one of the parents has been resident in the United States, or one of its outlying possessions, prior to the child's birth.

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.

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.

Can a child become U.S. citizen if only one parent is U.S. citizen? ›

Furthermore, a person born outside the United States may also be a U.S. citizen at birth if at least one parent is a U.S. citizen and has lived in the United States for a specified period.

Which person is automatically a U.S. citizen by birth? ›

General Requirements for Acquisition of Citizenship at Birth. A person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth, to include a child born to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.

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.

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

Giving birth in the U.S. on a tourist visa does not automatically grant you the right to stay in the country based on the birth of your child. Your visa status remains unchanged and you will be typically expected to leave the U.S. before your visa expires.

What happens if you have a child with someone from 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.

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

Forever. There are no requirements to visit or live in the US for a US citizen.

Which country is the best to give birth as a foreigner? ›

Chile is the best country to give birth abroad in 2022. Chile is one of the few countries that grants citizenship to foreign children born on its territory.

Does the US allow dual citizenship? ›

While the United States allows for dual (or multiple) nationality, there are some requirements that U.S. citizen dual nationals must follow, regardless of whether they hold another nationality: You must enter and leave the United States on your U.S. passport.

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.

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 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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