Canada extends deadline for changes to first-generation limit for citizenship by descent

author avatar
Janice Rodrigues
Published: December 24, 2024

On December 18, the Ontario Superior Court of Justice extended the deadline for changes to Canada’s first generation limit (FGL) by three more months.

The new deadline is March 19, 2025.

Schedule a Free Canadian Citizenship Consultation with the Cohen Immigration Law Firm

Canada’s FGL restricts the ability of Canadian citizens born abroad to pass on Canadian citizenship to children also born outside Canada.

The Ontario Superior Court of Justice had previously ordered the federal government to amend the FGL rule within the Canadian Citizenship Act, calling it “unconstitutional” as it creates “a lesser class of citizenship.”

This marks the third time the deadline has been extended.

What is Bill C-71?

Earlier this year, Immigration Minister Marc Miller introduced Bill C-71, An Act to Amend the Citizenship Act (2024).

The bill aims at expanding citizenship by descent beyond the first generation.

If it receives Royal Assent, it will automatically confer Canadian citizenship to those born abroad – or adopted from abroad – to a Canadian parent who was also born abroad.

The proposed legislation includes a “substantial connection requirement”: to pass on citizenship to their child if the bill becomes law in its current form, the Canadian parent born abroad must have accumulated at least 1,095 days (or about three years) of physical presence in Canada before the birth or adoption of their child.

If passed, the bill will restore citizenship status retroactively to some “Lost Canadians”: people born to Canadian parents born abroad, who have not had the opportunity to acquire citizenship because of the FGL provision under current citizenship legislation.

The bill also applies to descendants of Lost Canadians, and anyone born abroad to a Canadian parent in the second or subsequent generations, before the legislation comes into force.

According to a report by the Parliamentary Budget Officer on December 19, this bill could create approximately 115,000 new citizens over the next five years.

Interim measures

IRCC has implemented some interim measures granting some eligible individuals a “discretionary grant of citizenship.”

These measures apply in two specific scenarios.

Scenario one: The applicant has submitted a proof of citizenship application that would be subject to the FGL rule change, and has requested urgent processing in accordance with urgent processing criteria; or

Scenario two: The applicant has a proof of citizenship application in process and IRCC has identified that the application is impacted by the FGL rule. The application had previously been de-prioritized until new rules come into effect, but the applicant has since requested urgent processing.

To learn more about these interim measures, click here.

Previous extensions

This anticipated change to Canada’s first-generation limit was first delayed until August of 2024.

In August, the court granted an extension, with a deadline set to December 19, 2024.

The latest extension comes “reluctantly” according to reports, with the court unhappy with “incomplete and inaccurate evidence” submitted that “failed to fix the legislation.”

Schedule a Free Canadian Citizenship Consultation with the Cohen Immigration Law Firm

 

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
How to spot a Canadian citizenship by descent scam before you pay
A woman looks at an immigration lawyer's credentials and information before deciding to commit a payment
Processing times for proof of Canadian citizenship applications jumps in September, nears three years
A stack of files sits on a desk, with the Canadian flag in the background.
Can American records prove Canadian citizenship by descent?
A busy desk with documents assembled for a proof of citizenship application.
Do Canadians by descent living in the U.S. have to pay Canadian taxes?
A man sorts through two different tax returns after recently gaining Canadian citizenship by descent.
Top Stories
How to spot a Canadian citizenship by descent scam before you pay
Americans with a Canadian parent are already Canadian citizens – even if they’ve never set foot in the country
Newfoundland and Labrador invites 97 candidates to apply for provincial nomination
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Provinces
Newfoundland and Labrador invites 97 candidates to apply for provincial nomination
St. John’s, Newfoundland's Harbour and Cityscape.
Canada widens permanent residence track for French speakers in Sudbury
Aerial View of Sudbury in Early Fall Autumn captured from the Minnow Lake area.
Saskatchewan earmarks 550 tickets to permanent residence track in September intake for employers in retail, trucking, accommodation, and food services
Aerial view of the Central Business District in Saskatoon, Saskatchewan.
Quebec invites 790 PSTQ candidates to apply for permanent selection
The Parliament of the capital of the province of Quebec in Canada.
Link copied to clipboard