In the News

“Historically, Canadian citizens born outside Canada who later had children or adopted abroad were required to navigate complex immigration processes, including securing temporary resident visas or pursuing family-class sponsorship for their children with long processing times. The amended Citizenship Act removes these barriers by permitting eligible Canadian parents born or adopted abroad to pass citizenship to the next generation, subject to a substantial connection to Canada,” Raghav Jain, principal lawyer with Toronto-based Vantage Immigration Law, noted. He added that this legislative reform “reaffirms Canada’s commitment to family reunification” and will be beneficial to Canadian citizens of Indian origin

Toronto-based immigration lawyer Raghav Jain welcomed the move, saying the law would help stabilise the system and address gaps that had been exploited. Jain, principal lawyer at Vantage Immigration Law, said a major factor behind the spike in claims was the 2024 change to post-graduate work permit eligibility, which left thousands of international students unable to apply.

“That led to a surge in inland refugee claims, many of which were not genuine,” Jain said. “These claims allowed students temporary status while awaiting hearings before the Refugee Protection Division, adding significant pressure to an already strained asylum system.”

Jain cautioned that the new law could unintentionally create additional backlogs by increasing PRRA applications, judicial review cases and requests for stays of removal before federal courts. He also warned that stricter eligibility rules could affect genuine refugees.

He cited the example of a child who arrived in Canada in 2020 but did not immediately seek asylum. If conditions later worsened in their home country, the one-year eligibility limit could permanently prevent them from accessing a full refugee hearing.