The Government of Canada is taking further steps to amend the first-generation limit on Canadian citizenship by descent. Immigration, Refugees and  has announced that it is seeking a 12-month extension to reintroduce legislative amendments addressing the controversial law. This move follows a ruling by the Ontario Superior Court of Justice that declared the key provisions of the Citizenship Act unconstitutional.

Understanding the First-Generation Citizenship Limit

The Citizenship Act currently includes a first-generation limit, meaning that children born abroad to Canadian citizens beyond the first generation do not automatically acquire Canadian citizenship. This rule has affected thousands of individuals, particularly those living abroad due to work, study, or family commitments.

On December 19, 2023, the Ontario Superior Court ruled that these provisions were unconstitutional, leading the government to take action in revising the law. Rather than appealing the decision, the government introduced Bill C-71 in May 2024, aiming to address these legal concerns while maintaining the integrity of Canadian citizenship.

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Interim Measures for Affected Individuals

As legislative amendments face delays, IRCC Minister Marc Miller has announced an interim measure to support those impacted by the first-generation limit. Under subsection 5(4) of the Citizenship Act, the government will consider granting discretionary citizenship to individuals in the following categories:

1. 1. Those born or adopted before December 19, 2023, who are affected by the first-generation limit.
   2. Individuals born or adopted on or after December 19, 2023, if their Canadian parent had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption (these cases will be prioritized).
   3. Individuals born before April 1, 1949, who remain affected by the first-generation limit.
   4. People who lost their Canadian citizenship under the former section 8 of the Citizenship Act due to unmet retention requirements.

Government’s Plan for Bill C-71

Bill C-71, which was first introduced in May 2024, aims to eliminate barriers caused by the first-generation limit while maintaining clear and fair citizenship regulations. However, due to delays in its passage, the government has requested an extension of the court’s ruling suspension until March 19, 2025. This additional 12-month period will allow Parliament to properly review and enact the legislation.

Why This Matters for Canadian Citizens Abroad

The first-generation limit has had serious consequences for Canadians living abroad, impacting their ability to pass down citizenship to their children. The government’s decision to revisit this law is a major step toward ensuring a more inclusive and equitable citizenship process.

For those affected, the interim measures provide an opportunity to secure Canadian citizenship through discretionary grants while waiting for a permanent legislative solution.

Final Thoughts

The Canadian government’s commitment to reforming its citizenship laws demonstrates a step toward fairer policies for expatriate Canadians and their families. As Bill C-71 moves through Parliament, those affected should stay informed about eligibility criteria and application processes for the interim discretionary grant.

 

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