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May 22, 2023

Know about Canadian Citizenship for Second Generation Cutoff Rule

In light of the second-generation cutoff rule, it is essential to note that a person born outside of Canada to a Canadian citizen. It may be eligible for citizenship. Before going into effect in 1947, the Canadian Citizenship Act underwent numerous amendments. For many years, the law permitted Canadian parents to pass on their citizenship to foreign-born children born outside Canada. By a particular age, descendants have registered with the authorities. The Canadian government implemented the second-generation cutoff for Canadians born abroad in 2009. The goal of this amendment was to deter “Canadians of Convenience.”

Canadian Citizenship for Second Generation

Canadian Citizenship

Twenty-three parties from seven families are involved in the legal dispute. However, that was an objection to the 2009 second-generation regulation. It argues that the disadvantaged law women who must give birth outside of Canada due to circumstances beyond their control breached liberty rights and movement and discriminated against people based on where they were born.

The question of whether Canada is infringing on the charter by limiting the transmission of citizenship by generation to only firstborns abroad must now decide by the Ontario Superior Court of Justice.

The affected families also frequently claim that the government’s approach oversimplifies complex issues, including healthcare availability and costs, travel dangers, job loss, and threats to professional advancement.

At the time, Minister Finley’s defense of this second-generation cutoff raised many questions about “Canadians of Convenience.” People who do not belong to Canada, have no connection to the country and only applied for citizenship to maintain the option of relocating there.

However, the plaintiffs in the lawsuit are not just Canadians for political reasons. They had come back to Canada when they were young and had grown up there.

The citizenship of Canadians born in Canada and naturalized Canadians can pass on to their offspring who live abroad, but not Canadians born abroad by descent! Family counselors claim this is the height of prejudice and an arbitrary difference.


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Second Generation Citizenship Cut-off rule 

The second-generation cutoff rule, according to Finlay, would unjustly benefit “Canadians of convenience.” He merely meant by saying that they would unintentionally promote people who had no real ties to Canada and were only looking to live there as a last resort. Even without their arrival in Canada, this will be the situation.

However, the focus of the current litigation is not a family who are “Canadians of convenience.” They have a history of residing in Canada because they moved back when they were young and spent all their formative years there.

Children born outside Canada who are Canadian citizens by birth or naturalization are entitled to inherit citizenship. However, Canadians not born in Canada cannot pass their citizenship down through the generations. The family lawyers reportedly assert that the restriction is severe discrimination.

Documents Required To Get Canadian Citizenship

Submission of evidence of Canadian citizenship is a requirement for the official procedure used by the Canadian government to determine citizenship. Also known as a certificate of Canadian citizenship. This certificate will provide by the IRCC, which is one of the crucial documents. And identify by Passport Canada as proof of Canadian citizenship, along with the North certificate. The certificate can request at any point in one’s life. Regardless of whether their parents are still living, they should file the application.

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We hope that you found this article about the Canadian Citizenship-Based Second-Generation Cutoff Rule informational. If in case you have questions/queries related to any immigration program to Canada, please schedule an appointment with us. Our best immigration lawyers from VLink Immigration Canada will validate the profile as per the Immigration Program which is best suitable for you.

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