加拿大联邦移民部在二月宣布,将废除海外出生第二代加拿大人在28岁前没有申请加拿大公民身分被自动取消国籍的规定,改为申请人能否获得国籍将根据申请人个案由联邦法庭或移民部长审核决定。
联邦移民、难民及公民部长赫森(Ahmed Hussen)宣布了新修订的法案Bill C-6,其中一个重要改变是取消了海外出生第二代加拿大人在28岁前没有申请加拿大公民身分被自动取消国籍的规定。
联邦移民部的通知指出:「任何可能面临被取消加拿大公民身分的个人,现在可以选择诉求联邦法院或者要求联邦移民部长做出判决,申请保留公民身分。这一改革对申请人更加公正透明,移民部不再一刀切取消所有在28岁前错过申请公民身分的海外第二代加拿大人的国籍,而是改为最终由第三方联邦法院做出最终判决。移民部在审核过程中将增加额外步骤,即移民部官员在审查每一个具体个案时,在决定转到联邦法院前,先行决定是否动用取消国籍条款。换句话说,申请人既有机会要求联邦移民部长做出判决,又有机会诉诸联邦法院做出最终裁决。
联邦政府过去的法规,要求国外出生的第二代加拿大人在28岁前必须重新申请公民身分,2009年时任哈珀政府废除了该法规,但是没有追溯期,即2009年前海外出生的第二代加拿大人年龄超过28岁没有申请保留国籍,依然失去公民身分。
移民顾问林达敏表示:「Bill C-6法案的推出表明加拿大政府欢迎移民,而不是刁难移民,为他们获得公民身分、安居乐业创造便利条件。这个改革对华人移民还是有一定影响, 因为有愈来愈多的华人移民在加拿大以外定居做生意,他们的孩子出生在海外。过去的政策他们必须在孩子28岁前代为孩子重新申请加拿大身分,现在则不需要了。」
早前39岁温尼辟女子德莫斯(Anneliese Demos)2岁时随父母移民加拿大,虽然一直居住在加拿大境内且年年纳税,却因为错过了28岁前重新申请公民身分机会,根据旧法去年接到了联邦移民部取消公民身分通知。根据联邦移民部昨天宣布的新法,像德莫斯这样「身分尴尬」人士将继续享有加籍身分。
Bill C-6作为「公民法」(Citizenship Act)的补充,是对2015年引进的旨在修改取消公民国籍审批程序的Bill C-24的进一步改革。联邦移民部还表示在今年晚些时候还有更多的改革措施将推出。

Good news for ethnic Chinese: The nationality of the second generation of overseas immigrants will not be automatically cancelled
In February, the Canadian Federal Immigration Department announced that it will repeal the requirement that overseas-born second-generation Canadians not automatically apply for Canadian citizenship before the age of 28, and that the applicant’s nationality will be acquired by the federal court according to the applicant’s case. Or the Minister of Immigration will review the decision.
Ahmed Hussen, the Federal Minister of Immigration, Refugee and Citizenship, announced the newly amended bill Bill C-6. One of the important changes was the cancellation of overseas-born second-generation Canadians who had not applied for Canadian citizenship before the age of 28 and were automatically cancelled. Nationality regulations.
The Federal Immigration Department’s notice stated: “Any person who may be subject to cancellation of Canadian citizenship can now choose to appeal to the Federal Court or request the Federal Minister for Immigration to make a decision to apply for the retention of citizenship. This reform is more just and transparent to the applicant, and the immigration The Ministry will no longer remove the nationality of all overseas second-generation Canadians who missed the application for citizenship before the age of 28, but instead will eventually make a final decision by a third-party federal court. The Department of Immigration will add additional steps during the review process. That is, when reviewing each specific case, the immigration ministry official decides whether or not to use the nationality-removing clause before deciding to go to the federal court. In other words, the applicant has the opportunity to request the federal immigration minister to make a verdict and have the opportunity to resort to The federal court made a final decision.
The federal government’s past regulations required foreign-born second-generation Canadians to re-apply for citizenship before the age of 28, when the Harper government abolished the regulation in 2009, but did not have a traceability period, that is, overseas-born before 2009. Second-generation Canadians who do not apply for retention of nationality when they are over 28 years old still lose citizenship.
Lin Damin, an immigration consultant, said: “The launch of Bill C-6 shows that the Canadian government welcomes immigration instead of killing immigrants and creating convenience for them to obtain citizenship and live and work in peace. This reform has a certain impact on Chinese immigrants, because it is getting more and more affected. Many Chinese immigrants settled outside Canada to do business and their children were born overseas. In the past, they had to re-apply for Canadian status on behalf of their children before the age of 28, but now they are not needed.”
Anneliese Demos, 39, had immigrated to Canada with her parents when she was 2 years old. Although she has lived in Canada and paid taxes year after year, she missed the opportunity to reapply for citizenship before the age of 28, according to the old law last year. Received notice of cancellation of citizenship by the Federal Immigration Department. According to the new law announced by the Federal Ministry of Immigration yesterday, “identity” persons like Demos will continue to enjoy Canadian status.
Bill C-6, as a supplement to the Citizenship Act, is a further reform of Bill C-24, which was introduced in 2015 to revise the approval process for the cancellation of citizenship. The Federal Immigration Department also stated that there will be more reforms to be launched later this year.