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Parliament formalizes change granting citizenship to more descendants born outside of Canada

The new law makes amends to previous changes in Canada's citizenship laws, which were passed in 2009.
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The new law makes amends to previous changes in Canada's citizenship laws, which were passed in 2009.

A new law in Canada might make it easier for some Americans to gain Canadian citizenship.

It’s being called the “Lost Canadian” legislation, it refers to people who were born outside the country to Canadian parents who were also born in another country.

The new law is aimed at fixing what was described as Canada’s unconstitutional citizenship. In 2009 the federal government changed the law so that Canadians born outside the country could only pass down their citizenship if their children were born in Canada.

Two years ago a court in Ontario ruled that unconstitutional.

The new law means citizenship can be passed down to those born or adopted outside the country, beyond the first-generation, if the parents spend at least three years in Canada before the birth or adoption of a child.

Immigration consultants, like Tatiana Cabrera, said they’re seeing more interest in people coming to Canada, but warn there are still hurdles to overcome.

"It’s not sort of a free for all type of an application," said Cabrera. "But I think it’s still worth attempting for many people who see that they have either parent, grandparent or great-grandparent who may have been born in Canada."

Some argue that the new law doesn’t adequately address the situation of ‘adopted’ children who were born outside the country and raised by Canadian parents in Canada. For them to gain citizenship means a much more rigorous immigration process before their adoption in Canada is finalized.

That change could still be made by Canada’s immigration minister in the future.

WBFO’s comprehensive news coverage extends into Southern Ontario and Dan Karpenchuk is the station’s voice from the north. The award-winning reporter covers binational issues, including economic trends, the environment, tourism and transportation.