For years, many Canadians with children born abroad faced an unexpected roadblock—the “first-generation limit” in the Citizenship Act. This rule, in place since 2009, meant that children born outside Canada to Canadian parents who were also born abroad did not automatically inherit Canadian citizenship. The impact was profound, forcing families into legal uncertainty, costly immigration processes, or even separation.
In December 2023, the Ontario Superior Court of Justice ruled that key provisions of this law were unconstitutional. Acknowledging the hardships it created, the Canadian government chose not to appeal the ruling. Instead, in May 2024, it introduced former Bill C-71 to amend the Citizenship Act. However, as the legislative process takes time, the government has approved an interim measure to address urgent cases while Parliament debates the bill.
Who Qualifies Under the Interim Measure?
To bridge the gap until new legislation is enacted, Immigration, Refugees and Citizenship Canada (IRCC) will offer discretionary grants of citizenship under subsection 5(4) of the Citizenship Act. This will provide relief to those affected by the first-generation limit. The following groups are eligible:
- Individuals born or adopted before December 19, 2023, who are subject to the first-generation limit.
- Individuals born or adopted on or after December 19, 2023, whose Canadian parent had at least 1,095 cumulative days (three years) of physical presence in Canada before their birth or adoption. These cases will be prioritized.
- Certain individuals born before April 1, 1949, who remain affected by the first-generation limit.
- Those who lost their citizenship under the former section 8 of the Citizenship Act because they did not meet retention requirements.
This interim measure is a significant step in addressing the concerns of Canadian families impacted by outdated citizenship laws. However, the full resolution still depends on Parliament passing the necessary amendments.
What’s Next for the Citizenship Act?
The government has already received an extension on the court ruling’s suspension until March 19, 2025, allowing time to implement a long-term solution. Now, it is seeking an additional 12-month extension to reintroduce Bill C-71 and ensure a thorough legislative review.
The proposed amendments aim to make Canadian citizenship laws fairer while upholding its value. Many affected families are watching closely, hoping for a final resolution that will secure their children’s right to Canadian citizenship.
The Challenges and the Path Forward
The first-generation limit has long caused stress and uncertainty for Canadian families abroad, forcing many into complex legal battles or separation from their children. While the interim measure provides relief, it is still a temporary fix. A long-term solution depends on Parliament passing amendments to the Citizenship Act. If you or your family are affected by these changes, navigating the application process for a discretionary grant can be complicated. Our immigration experts are here to help—whether it’s guiding you through eligibility requirements, preparing your application, or representing you in the process. Don’t leave your family’s future to chance—consult with us today.
