On This Page You Will Find:
- Details on the first-generation limit ruling
- Government response and policy updates
- Interim measures for affected individuals
- Timeline for legislative changes
- Answers to common questions
The Ontario Superior Court of Justice has extended the federal government’s deadline to amend the first-generation limit to citizenship by descent.
The new deadline is April 25, 2025. This decision impacts Canadians with children born abroad beyond the first generation, addressing longstanding concerns over citizenship rights and ensuring that affected families receive fair treatment under the law.
Background on the First-Generation Limit Rule
The first-generation limit was introduced in 2009 as part of an amendment to the Citizenship Act. It restricts automatic citizenship by descent to only the first generation born outside Canada. This means that if a Canadian citizen has children abroad beyond the first generation, those children are not granted citizenship at birth. The rule has disproportionately affected families of Canadian expatriates, leading to cases where children of Canadian citizens are denied citizenship despite strong ties to the country.
In December 2023, the Ontario Superior Court ruled that key provisions of this rule were unconstitutional, citing its negative consequences for Canadian families and their ability to pass on citizenship. The court suspended the application of the rule and gave the government time to enact legislative changes.
Government’s Response and Next Steps
Former Immigration Minister Marc Miller acknowledged the flaws in the current Citizenship Act, stating that the first-generation limit has had unfair consequences on families and their ability to maintain Canadian citizenship across generations. The government decided not to appeal the court’s decision and committed to legislative changes.
To bridge the gap until amendments are passed, the government introduced an interim measure under subsection 5(4) of the Citizenship Act. This measure allows certain affected individuals to apply for discretionary citizenship grants. The government initially had until March 19, 2025, to implement changes but has now requested a 12-month extension to reintroduce the former Bill C-71 and ensure legislative approval.
Interim Measures for Affected Individuals
To support those impacted by the first-generation limit while Parliament considers legislative amendments, the government has introduced a special process for obtaining citizenship grants. The following individuals may be eligible for a discretionary grant of citizenship:
- Those born or adopted before December 19, 2023, who are subject to the first-generation limit
- Those 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 applications 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 due to unmet retention requirements
This interim measure provides a pathway for those previously excluded by the law while the government works on formal legislative amendments.
Timeline for Legislative Changes
The federal government originally introduced Bill C-71 in May 2024 to address the court ruling. However, delays in passing the bill have led to a request for an extension. The government now has until April 25, 2025, to finalize the changes, but it is seeking an additional 12 months to reintroduce and pass the legislation. The extension request is currently under review by the courts, with a further hearing expected on April 11, 2025.
FAQ
What is the first-generation limit on Canadian citizenship?
The first-generation limit prevents children born abroad to Canadian citizens beyond the first generation from automatically obtaining citizenship. This law has been deemed unconstitutional, prompting government action to change it.
What changes are being made to the Citizenship Act?
The federal government plans to amend the Citizenship Act to remove or revise the first-generation limit. Bill C-71, initially proposed in 2024, is expected to be reintroduced in Parliament for legislative approval.
Who is eligible for the interim citizenship grant?
Individuals affected by the first-generation limit, including those born or adopted abroad and certain individuals who lost their citizenship under past regulations, may apply for discretionary citizenship grants under subsection 5(4) of the Act.
When will the new citizenship law take effect?
The government has until April 25, 2025, to implement changes, but it has requested a 12-month extension to reintroduce and pass Bill C-71 in Parliament. If granted, the changes could take effect by mid-2026.
How can affected individuals apply for citizenship?
Eligible individuals can apply for discretionary citizenship grants through Immigration, Refugees and Citizenship Canada (IRCC). More details on application procedures will be provided as legislative changes progress.
