This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. Pursuant to subsection 3(2.3), persons did not become Canadian citizens under paragraph 3(1)(Determining whether a person is “ordinarily resident” is a fact-based assessment. The retention requirements applied only if a person was born outside Canada on or after February 15, 1977, and that person automatically acquired citizenship by descent at the time of their birth because one of their parents was a citizen by virtue of paragraph 3(1)(Persons are also Canadian citizens pursuant to paragraph 3(1)(Refer to subsection 3(3) for more information on the first-generation limit to citizenship by descent and to subsections 3(4), 3(4.1) and 3(5) for the exceptions to this limit. These changes include:None of the changes took Canadian citizenship away from anyone who was a Canadian citizen before the rules came into effect.In 2015, you became a Canadian citizen if you were:On April 17, 2009, the rules for Canadian citizenship changed for persons:These rules didn’t take Canadian citizenship away from anyone who was a Canadian citizen before the rules came into effect.Canadian citizenship by birth outside Canada to a parent who is a Canadian citizen (citizenship by descent) is now limited to the first generation born outside Canada.This means that if you weren’t already a Canadian citizen by April 17, 2009, and were born outside Canada to a Canadian parent, you If you were born outside Canada in the second or later generation, the first generation limit to citizenship doesn’t apply to you if:The rules may also affect children adopted by Canadian parents outside Canada, depending on how your child got, or will get, citizenship.If you were born to a Canadian parent and aren’t eligible for citizenship by descent due to the first generation limit, you may:

Generally the Citizenship Act grants Canadian citizenship to those born outside Canada to at least one Canadian parent, but the Act was recently changed to limit that citizenship by descent to one generation, meaning the children of children who so acquired citizenship by decent won’t also become Canadians automatically. The Citizenship Act was amended in 2009 and 2015. Your child is not automatically a Canadian citizen if they’re an adopted child born outside Canada. Pursuant to subsection 3(2.1), persons did not become Canadian citizens under paragraph 3(1)(Pursuant to subsection 3(2.3), persons did not become Canadian citizens under paragraph 3(1)(Pursuant to subsection 3(3), those who were born outside Canada after the first generation are not Canadian citizens under paragraph 3(1)(Persons who had previously become Canadian citizens by way of grant before June 11, 2015, are deemed never to have been a citizen by way of grant pursuant to subsection 3(6.2).Pursuant to subsection 3(2.1), persons did not become Canadian citizens under paragraph 3(1)(Refer to subsection 3(3) for more information on the first-generation limit to citizenship by descent and subsections 3(4), 3(4.1) and 3(5) for the exceptions to this limit. Limits to citizenship by descent under the Citizenship Act Since April 17, 2009, Canadian citizenship by birth outside Canada to a Canadian parent (citizenship by descent) is limited to the first generation born outside Canada. The limit to citizenship by descent does not have the effect of taking away the Canadian citizenship of persons born outside Canada after the first generation prior to April 17, 2009, who were already Canadian citizens on April 16, 2009 (i.e., the day before the legislative amendments came into force). Pursuant to subsection 3(2.1), persons did not become Canadian citizens under paragraph 3(1)(Pursuant to subsection 3(2.3), persons did not become Canadian citizens under paragraph 3(1)(Pursuant to subsection 3(2.1), persons did not become Canadian citizens under paragraph 3(1)(Determining whether a person is “ordinarily resident” is a fact-based assessment.
These persons keep their citizenship.The first-generation limit to citizenship by descent does, however, apply to persons born outside Canada after the first generation to a parent whose citizenship was restored or conferred as a result of the legislative amendments which came into force on April 17, 2009, and where that person would have been a citizen only through this restoration or conferral on their parent. Under the 2015 legislative amendments, this exception was extended to the grandchildren of serving Crown servants and is retroactive to April 17, 2009. If you were born prior to April 17th, 2009, you might be eligible for Citizenship by descent if one of your parents or grandparents are Canadian citizens. This means that if you weren’t already a Canadian citizen by April 17, 2009, and were born outside Canada to a Canadian parent, you aren’t Canadian if your Canadian parent was: Interpretation is meant to provide officers with flexibility when assessing these cases.

Citizenship by grant, on the other hand, must be approved by the Minister of Immigration, Refugees and Citizenship. It restored or gave Canadian citizenship automatically on that date to many who had never had it or who had lost it due to previous legislation, and limited Canadian citizenship by descent to the first generation born outside Canada. Refer to subsection 3(3) for more information on the first-generation limit to citizenship by descent and subsections 3(4), 3(4.1) and 3(5) for the exceptions to this limit.A person is also a Canadian citizen pursuant to paragraph 3(1)(Pursuant to subsection 3(3), persons who are born outside Canada after the first generation to a parent who became a Canadian citizen under paragraphs 3(1)(Refer to subsection 3(3) for more information on the first-generation limit to citizenship by descent and subsections 3(4), 3(4.1) and 3(5) for the exceptions to this limit.

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