Affected by Canada's First-Generation limit? You can apply for citizenship

Canada introduces interim measures allowing those affected by the First-Generation Limit or loss of citizenship to apply for discretionary grants, pending permanent reforms.

Canada has introduced interim measures to allow certain individuals, including those affected by the First-Generation Limit (FGL) or those who lost their citizenship due to unmet retention requirements, to apply for discretionary grants of citizenship. This decision comes as part of efforts to address long-standing issues related to citizenship eligibility and ensure broader access to Canadian citizenship for eligible individuals.

 

"The Citizenship Act currently includes a “first-generation limit” to citizenship by descent, which means that children born abroad to Canadian citizens beyond the first generation generally do not acquire Canadian citizenship automatically at birth.

 

On December 19, 2023, the Ontario Superior Court of Justice declared that key provisions setting out the first-generation limit for those born abroad are unconstitutional.

 

The government agrees that this law as it currently stands has had unacceptable consequences for Canadians whose children were born outside the country. For this reason, we did not appeal the ruling. On May 23, 2024, we introduced former Bill C-71, An Act to amend the Citizenship Act (2024) to address the Court’s decision while upholding the value of Canadian citizenship.

 

To address delays in passing Bill C-71, I am approving an interim measure to support those affected by the first-generation limit while Parliament considers legislative amendments to the Citizenship Act," said  Marc Miller, Minister of Immigration, Refugees and Citizenship in a statement.

 

Key Eligibility Changes for Discretionary Citizenship Grants

 

Under these new guidelines, the following individuals can apply for a discretionary grant of citizenship:

 

• People Born or Adopted Before December 19, 2023: These individuals who are affected by the first-generation limit (FGL) are eligible for consideration.

•  

 

People Born or Adopted On or After December 19, 2023: If their Canadian parent meets the proposed "substantial connection to Canada" test, which requires the parent to have lived in Canada for at least three years (1,095 days) before the child’s birth or adoption, they can apply for citizenship.

 

People Born Before April 1, 1949: Those impacted by the FGL provisions that restrict citizenship by descent may also apply.

 

People Who Lost Citizenship: Individuals who lost their Canadian citizenship due to unmet retention requirements under former section 8 of the Citizenship Act are also eligible for this discretionary grant.

 

Notably, individuals under situation #2 (children born on or after December 19, 2023) will be given priority consideration for a discretionary grant.

 

Background: The First-Generation Limit and Bill C-71

 

The move to introduce these interim measures follows the delay in passing Bill C-71, An Act to Amend the Citizenship Act (2024). This Bill aimed to amend the Citizenship Act to address the controversial FGL, which was ruled unconstitutional by the Ontario Superior Court of Justice in December 2023.

 

The FGL, implemented in 2009, restricted citizenship by descent, preventing Canadian citizens from passing on their citizenship to their children if the child was born outside of Canada. For instance, a Canadian citizen born in Canada could pass on their citizenship to their child born abroad, but this was limited to just one generation. The Ontario court found this provision discriminatory, violating the Canadian Charter of Rights and Freedoms by creating a two-tier system of citizenship. The government decided not to appeal the ruling and began work on Bill C-71 to amend the law, eliminating the FGL provision and introducing the substantial connection requirement.

 

Bill C-71 proposed that Canadian citizens could pass on their citizenship to children born abroad, provided the Canadian parent had lived in Canada for at least three years before the child's birth or adoption. However, this Bill has not yet passed into law.

 

Court Ruling and Ongoing Deadlines

 

The Ontario Superior Court of Justice extended the deadline for the federal government to amend the Citizenship Act multiple times, with the latest extension pushing the deadline to March 19, 2025. Given that Parliament has been prorogued until March 24, 2025, it is unlikely the government will meet this deadline. In light of this, the government requested another 12-month extension from the Court.

 

"The government was granted an extension to the suspension of the Court’s declaration until March 19, 2025. The Government of Canada is now requesting a 12-month extension to provide time to reintroduce former Bill C-71 and allow Parliament to consider and enact the legislation," Miller said in a statement.

 

If the government fails to amend the legislation by the end of this extension period, the Court may decide to invalidate the FGL provisions entirely, which would render that part of the Citizenship Act inoperative.

 

Implications and Future Outlook

 

The introduction of these interim measures offers immediate relief to individuals impacted by the FGL and citizenship retention issues, allowing them to apply for Canadian citizenship under a discretionary process. While these changes provide a temporary solution, the ongoing legislative reform remains a key issue. If Bill C-71 or a similar law is not passed in time, the federal government may need to adjust its approach to resolving these citizenship eligibility challenges permanently.