Canada’s New Citizenship-by-Descent Law: Recognition of ‘Lost Canadians’ and Impact on Indians
Canada has introduced a major amendment to its citizenship legislation, expanding rights for people born abroad to Canadian parents. The new citizenship-by-descent law restores recognition to thousands of individuals known as Lost Canadians—a group who lost or were denied citizenship due to past legal gaps.
This policy shift has drawn attention globally, especially in India, where many families have deep ties to Canada through migration, education, and employment. The new law clarifies eligibility for people seeking Canadian citizenship through ancestry and outlines clear pathways for restoration.
Who Are the ‘Lost Canadians’?
The term Lost Canadians refers to individuals who lost their citizenship unintentionally because of outdated rules, including:
Children born abroad after the first generation
Individuals whose parents were affected by automatic loss rules
People who lost citizenship because of old gender-biased clauses
Those born outside Canada before 1977 who fell through legislative gaps
Canada’s new law aims to correct these historical issues and ensure fairness in citizenship recognition.
What the New Citizenship-by-Descent Law States
Key highlights of the updated citizenship act include:
1. Citizenship Extended Beyond the First Generation
Previously, only the first generation born outside Canada automatically qualified. The new rule extends citizenship eligibility to further generations depending on proof of lineage.
2. Restoration for Lost Canadians
People who were previously denied citizenship due to old legislative restrictions may now apply for restoration.
3. Clearer Documentation Requirements
Applicants must provide strong evidence of a Canadian parent or ancestor, such as birth records, old citizenship documents, or archival proof.
4. Inclusion of Adopted Children
Adopted children born abroad to Canadians also gain a clearer path to citizenship.
Impact on Indians Seeking Citizenship-by-Descent
Indians make up a significant immigrant population in Canada. For many families with Canadian ancestry or dual-national histories, the new law brings several opportunities.
1. More Indians Eligible for Citizenship Through Ancestry
Indians who have Canadian parents or grandparents who previously lost their citizenship may now qualify.
2. Faster Processing for Ancestry Requests
The updated law emphasises streamlined evaluation, potentially reducing delays.
3. New Opportunities for International Mobility
Citizenship grants access to:
Visa-free global travel
Canadian education and healthcare access
Federal protection and rights
4. Clarification for Children Born Abroad
Indian citizens whose children were born outside Canada no longer risk losing eligibility due to old first-generation limits.
Why This Law Matters Globally
The change positions Canada as one of the most progressive countries in citizenship rights. It corrects decades of legislative gaps and ensures multigenerational families abroad maintain their connection to Canada.
Canada’s international communities—including Indian, Filipino, Caribbean, and European diasporas—stand to benefit significantly.
FAQ
1. Who qualifies as a Lost Canadian?
Lost Canadians are individuals who lost or were denied citizenship because of outdated rules or legal gaps prior to recent reforms.
2. Can Indians apply for citizenship through a Canadian grandparent?
Under the revised law, eligibility may include additional generations depending on verified lineage documents.
3. Does this law make it easier for children born abroad to become Canadian citizens?
Yes. The restrictions around first-generation limits have been eased, giving more clarity and eligibility.
4. Do applicants need to give up Indian citizenship?
India does not permit dual citizenship. A person must renounce Indian citizenship if they accept foreign citizenship, but they can apply for OCI status.
5. Are adopted children included?
Yes. The new rules explicitly allow citizenship-by-descent for adopted children if documentation is properly provided.
source credit : Manraj Grewal Sharma
Published on : 25TH November
Published by : SARANYA
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