Monday, January 15, 2007

Expiry Date on Canadian Citizenship

The requirement that certain Canadians born abroad take steps to confirm their Canadian citizenship has existed in some form since Canadian citizenship was first granted in 1947. It is meant to ensure that people who wish to remain citizens retain links to Canada.

Since 1977, the law requires that some Canadians born abroad (only those who are part of the second and subsequent generations born outside of Canada) take action prior to their 28th birthday to confirm their Canadian citizenship. If they do not, under section 8 of the Citizenship Act, they automatically cease to be citizens.

The first time such persons could lose their citizenship under the Citizenship Act was on February 15, 2005, that is, 28 years after the Act was implemented.

It is not true that this 30 year old law is only now being enforced. The requirement does not apply to every Canadian born abroad. It only applies to those who are part of the second and subsequent generations born outside of Canada. Section 8 of the 1977 Citizenship Act states:

Certain Canadian citizens who were born outside Canada on or after February 15, 1977, to a parent who was also born outside Canada to a Canadian parent automatically cease to be citizens on their 28th birthday, unless they take formal steps to retain Canadian citizenship.

A somewhat similar but not identical requirement existed between 1947 and 1977.

Persons who apply for a citizenship certificate and who are subject to the retention requirement receive a letter advising the holder that steps must be taken before their 28th birthday in order to retain Canadian citizenship.

Effective January 1, 2007, as an additional reminder for these citizens to retain their citizenship, and in response to recommendations from the House of Commons Standing Committee on Citizenship and Immigration and stakeholders, certificates for these Canadians now include a date by which they must act to remain Canadians. Citizenship and Immigration Canada is taking steps to remind people of this requirement, and will continue to do so.

People who ceased to be Canadian citizens when they were adults can apply to resume Canadian citizenship. For more information about resumption, please see Resumption of Canadian Citizenship.

No comments: