Citizenship Act changes in 2009 easily forgotten

Citizenship Act changes in 2009 have serious repercussions

This week a story on CBC publicized how the changing of the Citizenship Act last year can have serious repercussions for many Canadians. In particular, one man who was born in Scotland to Canadian parents 40 years ago, whose parents registered him as a Canadian born abroad.

Now, that man is grown and has a son of his own who was born in Lima, Peru. Unfortunately for him, his son cannot be considered a Canadian citizen because citizenship being granted to children born abroad is now limited to only one generation. The man currently teaches in Peru and has a Peruvian wife, but had planned on returning to Canada eventually.

Before April of 2009, his son would have automatically been granted both Canadian citizenship and a Canadian passport. Another interesting point is that the man already had a son before the changes came into effect who is considered a Canadian citizen and has a Canadian passport. His other son doesn’t qualify.

Citizenship, Immigration and Multiculturalism Minister Jason Kenney says he has been listening to the concerns of the Canadian public regarding the issue, and has come out and said that the intent of the law was not to deny citizenship to children born outside of the country to Canadian parents, and that Canadian parents still have two options to make sure their children can be Canadian citizens: Ensure the children are born inside of Canada, or sponsor their children under the Family Class category in order to give them permanent residency status.

It is not a stretch to think of how many of us or people we know wouldn’t be Canadian citizens under the new Citizenship Act changes from 2009.

Have a question about the Citizenship Act changes in 2009? Contact Niren and Associates immigration law firm today.

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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: Canada immigration act 2009 canadian citizenship act 2009 canadian citizenship law citizenship act canada 2009 Citizenship Act changes in 2009

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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