Proof of Canadian citizenship becomes faster!

Qualified people may get proof of Canadian citizenship even faster than pre-pandemic days.

CIC reports that Immigration Refugees and Citizenship Canada is processing it in a record time. 

A foreign national with at least one biological or legal parent who is a Canadian citizen can expect to receive a decision on citizenship sooner.

Under the law, children born to Canadian parent(s) who live abroad are not automatically conferred Canadian citizenship. They need to apply for proof of citizenship. If they are successful, they receive a Canadian citizenship certificate. A citizenship certificate and a Canadian birth certificate are the only two documents recognized by  Passport Canada as verification of citizenship.

The process can be undertaken at any period of a person’s life. However, adopted children of Canadian parents who were adopted after their birth are not eligible. They need to pursue citizenship through other avenues.

On December 19, 2023, the Ontario Superior Court of Justice ruled Canada’s second-generation citizenship cut-off law unconstitutional and ordered its amendment. The law made provisions for an automatic transfer of Canadians born abroad to their children who were also born abroad. 

The Court ruled that the rule created a distinction in status between Canadians born in the country and those who were not. The former group could automatically transfer citizenship to their children, while the latter did not. The court further ruled that it gave the federal government six months to repeal the law and amend the Citizenship Act.

Although the federal government was given a month to appeal the decision, it chose not to. It is currently unknown what impact this ruling would have on those applying for citizenship by descent. Changes are anticipated due to the federal government’s decision not to appeal the verdict.

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