New Canadian law restores citizenship to many

The Parliament of Canada has passed a new law that will restore citizenship to many people who lost it. These so-called "lost Canadians" have made news recently as a result of the new U.S. passport requirements. Many people living in Canada applied for Canadian passports, only to find that they were not actually Canadian citizens. Although the bill became law on April 19, 2008, it has not yet taken effect, because it must still be "proclaimed" by the government. The government has until April 19, 2009 to proclaim the law. The law is very complex. However, here are some of the groups that may be helped, depending on the circumstances:

• People who lost citizenship after January 1, 1947 because a parent or spouse became a citizen of the U.S. or another country
• People who were born outside of Canada to a Canadian parent after January 1, 1947, but did not become a citizen because the "wrong" parent was a citizen
• People who lost citizenship because of an absence from Canada of six years or ten years
• People who were born outside of Canada to a Canadian parent, and did not become a citizen by failure to register the birth within two years
• People who were born outside Canada to a Canadian parent, and did register the birth, but lost their citizenship because they did not comply with the retention requirements.

The new law will repeal all retention requirements under current law. It will also prohibit the acquisition of citizenship by the second generation born abroad, with limited exceptions.  This is not retroactive, and applies only to persons born after the new law goes into effect. "Second generation" Canadians who are currently citizens will not have to comply with the retention requirements after the law goes into effect. On the other hand, persons who are older than 28 and did not comply are not helped by the new law.

If you want to know whether the new law will help you, contact us. Many people will need to file an application for a citizenship card to prove their status.