The second-generation cut-off rule concerning Canadian Citizenship came into existence only to encourage citizens with a real connection with Canada. This cut-off rule implied that “Canadians of convenience” must not prolong.
As far as Canadian citizenship is concerned, an individual’s eligibility is possible if they’re born outside Canada. Also, one of their biological or legal parents must have been a Canadian citizenship holder from birth and when their children were born.
The first generation not born in Canada to a Canadian parent is the only generation that can obtain citizenship by descent in Canada.
Besides this, Canadian Citizenship Act underwent numerous changes since its conception in 1947. As long as foreign-born decedents registered with the government by a specified age, the Act has long permitted Canadian parents to give citizenship to their children outside Canada through an unending line of generations.
However, Diane Finlay brought forth a second-generation-cut-off rule for those Canadians who had their birth country apart from Canada.
The ongoing lawsuit related to the second-generation cut-off rule concerning Canadian citizenship
An ongoing lawsuit of at least 23 individuals from seven families questions the introduction of this second-generation cut-off rule (which took effect in 2009). The reason behind challenging this cut-off rule is the claim that it is highly discriminative in terms of mobility violation, birthplace, and freedom rights.
Further, it also proves disadvantageous to women in specific uncontrollable situations when they have to give birth in a country other than Canada.
However, the decision is up to the Ontario Superior Court of Justice to check whether Canada is really going against the Charter for limiting citizenship by descent only to the first-generation born outside Canada.
Toronto Star reported recently that the affected families contend that the government’s position “oversimplifies the complex facts of the various moving parts of these choices, such as availability of health care, the cost of health care, risks associated with travel, the risk of losing one’s job and income, and the risk of professional advancement.”
Canadians of convenience
Finlay justified that the second-generation cut-off rule would unfairly support “Canadians of convenience.” By this term, he only meant that they would unknowingly encourage those who had no real connection with Canada and only sought to reside in Canada as an option. This will be the case even without them arriving in Canada.
However, the current lawsuit doesn’t revolve around a family who is “Canadians of convenience.” They’ve had a record of living in Canada as they returned to the country when they were kids and spent their crucial years there only.
Canadians born in Canada and naturalized Canadians have the authority to pass on their citizenship to their children born outside Canada. However, those Canadians who don’t have Canada as their birth country don’t have the right to pass their citizenship by descent.
Reportedly, the family counsels claim that the above rule is a form of extreme discrimination.
Proof of citizenship- what is the application process?
The Canadian government figures out an individual’s citizenship through the submission of “proof of Canadian citizenship.” This merely implies the application for a Canadian citizenship certificate.
IRCC issues both the Canadian birth certificate and the Canadian citizenship certificate. Neither is acceptable as proof of Canadian citizenship by Passport Canada.
Also, individuals can apply for a Canadian citizenship certificate at any given time in their life. Moreover, they have the right to apply for this certificate regardless of their Canadian parent’s status, alive or dead.
Further, to apply for the certificate, they must obtain the application package through IRCC’s official website.
IRCC will also require proof that either their legal or biological parent during their birth held Canadian citizenship.
Candidates can apply for it on IRCC’s website, and after receiving their application, they will obtain an AOR. Further, the officers will review and process their applications.
