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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 did not take effect until April 17, 2009.  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 they or 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
  • 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

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. "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, second generation persons who are older than 28 and did not comply are not helped by the new law.

Persons born in Canada, who subsequently lost their citizenship, will be able to prove their citizenship with a birth certificate. Persons born outside Canada will need to apply for a citizenship certificate to prove their status. Either a Canadian birth certificate or a citizenship certificate is required to obtain a Canadian passport.

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