The first thing to know about Canadian citizenship in light of the second-generation cut-off rule is that a person born outside of Canada to parents who are Canadian citizens may be eligible for citizenship.
The Canadian Citizenship Act was amended a lot of times before coming into effect in 1947. For years, the act allowed Canadian parents to pass their citizenship to their children born outside Canada as long as foreign-born descendants had registered with the government by a certain age.
In 2009, the Canadian government enacted a second-generation cut-off for Canadians born abroad. This change was enacted to discourage the ‘Canadians of Convenience’.
The Present Lawsuit
The lawsuit involves 23 individuals from seven families. But that was challenging the second-generation rule of 2009. It claims that the law discriminates based on birthplace, violates liberty rights & mobility, and disadvantages women when they have to give birth outside Canada. Due to situations being outside their control.
The Ontario Superior Court Of Justice now has to determine if Canada is violating the charter by restricting the passing of citizenship by generation to firstborns abroad only.
In addition, the families involved constantly argue that the government position oversimplifies the complicated reality. Like access to healthcare and its cost, travel risks, job loss, and jeopardy to career progression/ development.
During that time, Minister Finley’s justification of this second-generation cut-off invoked many concerns regarding ‘Canadians of Convenience’, who do not belong to Canada, had no connection with the place, and simply sought citizenship to preserve the alternative of residing in Canada.
However, the applicants in the lawsuit aren’t Canadians of convenience. They had returned to Canada as small kids and spent their growing years in Canada itself!
While Canadians born in Canada and naturalized Canadians can definitely pass their citizenship to their children living abroad. Canadians born abroad by descent cannot do so! Family counselors argue this as an arbitrary difference and the height of discrimination.
How To Apply For Citizenship Proof?
The Canadian government’s formal process to find if one is a citizen includes submitting proof of Canadian citizenship. Also called a Canadian citizenship certificate. This certificate is issued by IRCC, and along with the north certificate, it is one of the essential documents accepted by Passport Canada as proof of Canadian citizenship.
One may apply for the certificate at any time during their life and submit the application irrespective of whether their parents are deceased or alive.
In order to apply for this certificate, one must also download the application package on the IRCC’s website. An addition, IRCC will require evidence to know that at least one of the biological parents was a Canadian citizen.
In addition, one can submit the application online on IRCC’s website. Once the application is received, one will obtain an ‘acknowledgement of receipt’, and as a result, your file will be reviewed and processed.