Canada Grants Citizenship Relief: New Measures for Lost Canadians
Canada has announced interim measures to grant citizenship to individuals affected by the first-generation limit (FGL), a controversial provision that has restricted many Canadians from passing on their citizenship to children born abroad. With the delay in passing Bill C-71, the federal government has introduced these measures to ensure that those affected by the law can still obtain Canadian citizenship.
Understanding the First-Generation Limit (FGL)
The first-generation limit was introduced in 2009 as part of Canada’s Citizenship Act. Under this rule, Canadian citizens by descent could not pass on their citizenship to children born outside Canada. This created significant challenges for families living abroad, as children born outside Canada to Canadian parents (who themselves were born abroad) would not automatically obtain citizenship.
The Ontario Superior Court of Justice ruled this provision unconstitutional in December 2023, stating that it created a second class of citizens and violated the Canadian Charter of Rights and Freedoms, particularly the prohibition against discrimination based on national origin.
The federal government did not appeal this decision and instead introduced Bill C-71 in 2024 to amend the Citizenship Act. However, due to parliamentary delays, the bill has not yet been passed, prompting the government to introduce interim measures to assist those affected.
Who Can Apply for Citizenship Under the New Measures?
Under the new announcement made on March 13, 2025, by Marc Miller, Minister of Immigration, Refugees, and Citizenship Canada, certain individuals who were previously denied citizenship due to the first-generation limit can now apply for a discretionary grant of citizenship. The eligible categories include:
1. People Born or Adopted Before December 19, 2023
Individuals who were born or adopted before December 19, 2023, and were affected by the first-generation limit can now apply for Canadian citizenship. Previously, these individuals were unable to obtain citizenship because their Canadian parent had also been born outside Canada.
2. People Born or Adopted On or After December 19, 2023
Children born or adopted on or after December 19, 2023, may now qualify for Canadian citizenship if their Canadian parent meets the substantial connection to Canada test. Under this test, a parent must have spent at least three years (1095 days) physically residing in Canada before the birth or adoption of their child.
3. People Born Before April 1, 1949
Some individuals born before April 1, 1949, who were affected by previous citizenship laws and the first-generation limit can also now apply for citizenship under the discretionary grant program.
4. People Who Lost Citizenship Due to Unmet Retention Requirements
Certain individuals previously lost their Canadian citizenship due to failing to meet retention requirements under former Section 8 of the Citizenship Act. These individuals can now apply for a discretionary grant of citizenship to regain their status.
Prioritized Applications for Some Individuals
For individuals falling under Situation 2 (born/adopted on or after December 19, 2023, and meeting the substantial connection test), the government has stated that these applications will be considered on a prioritized basis. This means that these applicants will likely receive a decision faster than others.
Why These Measures Were Introduced?
1. Delay in Passing Bill C-71
Bill C-71 was introduced in 2024 to permanently remove the first-generation limit where parents meet the substantial connection to Canada test. However, due to Parliament being prorogued until March 24, 2025, the government has been unable to meet the court-imposed deadline to amend the Citizenship Act by March 19, 2025. These interim measures serve as a temporary solution until the legislation can be passed.
2. Legal Challenges and Court Rulings
The Ontario Superior Court of Justice ruled the first-generation limit unconstitutional in December 2023. However, the court allowed the government time to amend the law. After multiple extensions, the latest deadline was set for March 19, 2025, but it is now clear that the government will miss this deadline due to Parliament’s prorogation.
3. Risk of the Court Striking Down the Law
If the federal government does not amend the legislation and fails to secure an extension, the Ontario Superior Court of Justice could strike down or render inoperative the first-generation limit portion of the Citizenship Act, creating uncertainty for those affected.
What Happens Next?
1. Government Seeking 12-Month Extension
As part of the announcement, the federal government has requested an additional 12-month extension from the Ontario Superior Court of Justice to pass Bill C-71 and fully resolve the first-generation limit issue.
2. Bill C-71 Will Remove the First-Generation Limit
Once passed, Bill C-71 will allow Canadian citizens by descent to pass on their citizenship to children born abroad, provided the parent has spent at least three years (1095 days) physically residing in Canada before the birth or adoption of their child.
3. Future Citizenship Applications
If Bill C-71 is passed, individuals currently applying under interim measures may have additional pathways to gain citizenship through a permanent legislative solution.
What Should You Do If You Are Affected?
If you believe you qualify for Canadian citizenship under these interim measures, it is essential to apply as soon as possible. Given the uncertainty surrounding the court’s decision and the pending passage of Bill C-71, acting promptly can help secure your status.
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