Over the past several months, I have been consulting with clients eager to obtain their Canadian citizenship. Through my conversations with these individuals and their families, it has become evident that Canadian citizenship holds significant value, not only for those who currently reside in Canada, but also for individuals and families with ancestral ties to the country.
Currently, under the Citizenship Act citizenship can only be passed down to a single generation: this is known as citizenship by descent. Simply put, if you’re born or adopted to a Canadian parent abroad, you can claim Canadian citizenship, but only if you’re part of that first generation born outside the country. There are very few exceptions to this, such as children born outside of Canada to crown servants.
In December 2023, the Ontario Superior Court of Justice found that the first-generation limit on Citizenship is unconstitutional and the former Minister of Immigration, Refugees and Citizenship (“IRCC”) sought to introduce legislation in accordance with the Court’s finding. However, the introduction of this revised legislation has been suspended until further notice and the current legislation and limitations continue to apply. Furthermore, due to the prorogation of former Prime Minister Justin Trudeau’s government, all pending bills in Parliament have been put on hold. This includes Bill C-71, also known as An Act to Amend the Citizenship Act (2024), which is aimed at extending Canadian citizenship by descent beyond the first generation born outside of Canada. If passed, this new law will allow Canadian citizens who were born abroad to pass on their citizenship to their children born outside Canada, provided that certain criteria are met.
In my January 2025 blog post, I explored the complexities of the first-generation limit and the expected changes to the law, please see here: https://canadian-visa-lawyer.com/bill-c-71-what-to-expect-in-2025-understanding-the-canadian-citizenship-act-and-changes-to-the-first-generation-rules/.
On March 13, 2025, Minister Miller issued a statement addressing the delays in passing Bill C-71. The statement acknowledged the hardship caused by the first-generation limit and emphasized the government’s commitment to ensuring that Canadian citizenship remains accessible, fair and inclusive.
As noted by Canada’s then Immigration Minister:
“Canadian citizenship is highly valued around the world. As Minister of Immigration, Refugees and Citizenship, I’m committed to making the citizenship process as fair and transparent as possible.” – The Honourable Marc Miller, former Minister of IRCC
In light of the delays in passing legislative amendments, the government introduced and approved interim measures. The interim measures provide a path for being considered for a discretionary grant of citizenship for those who are affected by the first-generation limit. As stated in the Minister’s announcement, under the newly introduced interim measures, certain applicants will be offered consideration for a discretionary grant of citizenship, including:
- applicants born or adopted before December 19, 2023, who are subject to the first-generation limit;
- applicants 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 (applicants in this category will be offered consideration for a discretionary grant on a prioritized basis);
- certain individuals born before April 1, 1949, who remain affected by the first-generation limit; and
- those who lost their citizenship under the former section 8 of the Citizenship Act due to unmet retention requirements.
You may read the former Minister’s full announcement here: https://www.canada.ca/en/immigration-refugees-citizenship/news/2025/03/canada-to-request-a-further-extension-to-maintain-first-generation-limit-to-canadian-citizenship-by-descent.html
If you believe you qualify for the discretionary grant of citizenship under the new interim measures, you may be able to submit an application for a Canadian Citizenship Certificate (Proof of Citizenship). While the first-generation limit on Canadian citizenship is still in place for now, recent developments indicate that changes are on the horizon. The Ontario Court ruling and the government’s introduction of interim measures provide hope for those affected by the current citizenship laws.
If the first generation limit applies to you, it’s important to stay informed about the eligibility criteria and application process for discretionary grants of citizenship. I would also encourage you to explore your options for applying for Canadian citizenship under the new interim measures. Be sure to keep an eye out for updates as Bill C-71 progresses and don’t hesitate to consult the appropriate resources for further guidance.
More information on the interim measures can be found on IRCC’s website here:https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/proof/interim-measure-fgl.html
