Second Generation Canadian?

[leafsandstars75]

https://policyoptions.irpp.org/magazines/may-2024/lost-canadians-citizenship-act/
New to posting links on here, but here's a new article related to citizenship act changes.
From what I'm reading it seems like the details of what's going to happened are unknown, but it seems like there's going to be a connection test, but it seems like that Ottawa is trying to figure out in my opinion how to make it available to as few people as possible.

 

[canuck91]

It sounds like they are introducing piecemeal legislation in the interim, in order to comply with the June 19th date. I think it's unfortunate that they are only considering post-2009 cases (although they are realistically, the most important/relevant).


I think it's important to determine a path forward for restoring citizenship to the following groups:

Those born between February 15, 1977 and April 16, 1981 who were subject to Section 8 loss

Citizens under 3(1)(e) who did not register by the August 14th, 2004 deadline, and

Those who would have been citizens under 3(1)(h) had they registered under the 5(2)(b) grant (i.e. those born to Canadian mothers in wedlock, pre-1977)


All 3 scenarios now result in a supposed denial of citizenship for the second generation, and I think it's crucial for the Canadian government and/or parliament to find pathways to restore citizenship for such individuals.

 

[leafsandstars75]

It sounds like they are introducing piecemeal legislation in the interim, in order to comply with the June 19th date. I think it's unfortunate that they are only considering post-2009 cases (although they are realistically, the most important/relevant).


I think it's important to determine a path forward for restoring citizenship to the following groups:

Those born between February 15, 1977 and April 16, 1981 who were subject to Section 8 loss

Citizens under 3(1)(e) who did not register by the August 14th, 2004 deadline, and

Those who would have been citizens under 3(1)(h) had they registered under the 5(2)(b) grant (i.e. those born to Canadian mothers in wedlock, pre-1977)


All 3 scenarios now result in a supposed denial of citizenship for the second generation, and I think it's crucial for the Canadian government and/or parliament to find pathways to restore citizenship for such individuals.

Rather the born after 2009 are the most important or relevant I think isn't the point. I think it's priority for Ottawa because that's the group that won their case.
Now to be honest with those on here I'm not sure what section 3(1)(e) is. But I've heard about the August 14th, 2004. Would that relate to second generation born after 1977 as well, and what about second generation born before 1977.
I get that right now it's more about the case that just happened.
However I'm also curious on what if the first generation established a substantial connection and had children who don't qualify at the moment but they have children born before and after 2009, would the children born after 2009 get citizenship but the older siblings born before 2009 don't. I honestly don't know, but Canada really put themselves in this situation back in 1977 by not making dual citizenship retroactive. So the second generation born before 2009 had the same thing happened to them that happen to their parents and grandparents in 1977 with citizenship not being retroactive.
So now we have the following groups of second generation born abroad
1. Born before 2009 and have citizenship because their parents and grandparents didn't lose it and either applied before the age 28 deadline or didn't turn 28 when that rule got repealed.
2. Born before 2009, but lost it under the age 28 rule
3. Born before 2009, but didn't qualify after their parents and grandparents got theirs retroactive to birth.
4. Born after 2009 and will more likely get their citizenship if their parents have lived in Canada for 3 years.

 

[canuck91]

https://www.canada.ca/en/immigratio...an-act-to-amend-the-citizenship-act-2024.html

It seems that the Canadian Government is intending to restore citizenship to all 'Lost Canadians', including those born in the second and subsequent generations. It appears that the substantial connection test will only apply to those born after the act's commencement. I fear it may be a challenge to get this passed through Canadian parliament, but overall this looks like a very promising development!

 

[armoured]

https://www.canada.ca/en/immigratio...an-act-to-amend-the-citizenship-act-2024.html

It seems that the Canadian Government is intending to restore citizenship to all 'Lost Canadians', including those born in the second and subsequent generations. It appears that the substantial connection test will only apply to those born after the act's commencement. I fear it may be a challenge to get this passed through Canadian parliament, but overall this looks like a very promising development!

Wow, they've indeed gone quite a bit further than I'd thought they would. Seems the 'substantial test' requirement will only be imposed going forward, and reversal allowing citizenship for many.

Too late for us (my kid got citizenship by immigrating and then applying for grant) but glad this will clear things up for others. I remain livid at the Harper government for the grief this caused us (as a 30-year resident of Canada from the age of 10 months, and multiple generations solely in Canada, yes, I was offended).

I support some limit, and there does not exist a limit that someone won't complain about, but this is at least a reasonable approach. I still think there's a potential challenge on basis that Canadian-born won't face 'substantial connections' tests, but only potential - not sure would be successful.

 

[leafsandstars75]

Sounds like that this approach will get everyone possible to qualify that didn't have the opportunity before 2009.
Although the case that went to court were those who had a substantial connection with their children born after 2009, those before 2009 were going to need to be rectified somehow.
But rather you agree with that opinion or not, they needed to get this all done at once and get it over with.