Canada announced significant changes aimed at granting citizenship to individuals impacted by the first-generation limit (FGL), which has long restricted citizenship by descent. These interim measures come in response to ongoing legal challenges and delays in passing Bill C-71, which seeks to amend Canada’s Citizenship Act.
Who Can Apply for Citizenship Under These New Measures?
Under the new provisions, certain individuals who were previously unable to claim Canadian citizenship can now apply for a discretionary grant. These include:
1.Individuals Born or Adopted Before December 19, 2023: Those subject to the first-generation limit.
2.Individuals Born or Adopted on or After December 19, 2023: If their Canadian parent meets the “substantial connection to Canada” test.
3.Individuals Born Before April 1, 1949: Those affected by the first-generation limit.
4.Individuals Who Lost Their Citizenship: Those who lost it due to unmet retention requirements under the former section 8 of the Citizenship Act.
The federal government has emphasized that those under Situation 2, where a parent meets the substantial connection to Canada test, will be prioritized in their applications for discretionary citizenship grants.
Why Are These Changes Happening?
The first-generation limit (FGL), introduced in 2009, has been a long-standing point of contention. Under this rule, Canadian citizens by descent cannot pass their citizenship on to children born abroad. While children born in Canada or to naturalized citizens abroad automatically gain citizenship, those whose Canadian citizenship is by descent are unable to pass it on if their own children are born outside Canada.
This distinction has been challenged in court, and in December 2023, the Ontario Superior Court of Justice ruled the FGL unconstitutional, stating that it created a “second class” of Canadian citizens and violated the Charter of Rights and Freedoms’ prohibition against discrimination based on national origin.
Rather than appealing the decision, the federal government sought to amend the Citizenship Act with Bill C-71. The bill introduces a “substantial connection” test, which would allow Canadian citizens by descent to pass on citizenship if they spent at least three years (1095 days) physically residing in Canada before the birth or adoption of their child.
Delays in Passing Bill C-71
Despite the government’s efforts, Bill C-71 has faced delays in Parliament. The deadline for amending the Citizenship Act has been extended multiple times by the Ontario Superior Court of Justice, with the latest deadline set for March 19, 2025. However, with Parliament prorogued until March 24, 2025, the government is expected to miss this deadline.
To address this, the federal government has requested a 12-month extension to finalize the amendments. If no further extensions are granted, the Court could potentially strike down or render the affected portion of the Citizenship Act inoperative.
Looking Ahead
As the government works to meet legal obligations and implement permanent changes, these interim measures offer immediate relief to those impacted by the FGL. While Bill C-71’s future remains uncertain, the new citizenship pathways are an important step toward rectifying the historical injustices faced by “Lost Canadians.”
For more details on how these changes could affect you, or for assistance with your citizenship application, Kingsbridge Immigration is here to guide you. Stay tuned for more updates on this evolving situation.