The Canadian government has introduced a temporary measure to assist those affected by the first-generation limit on citizenship. This change comes as the Immigration, Refugees, and Citizenship Canada (IRCC) addresses delays in passing Bill C-71, which seeks to amend the Citizenship Act.
What is the First-Generation Limit on Canadian Citizenship?
The first-generation limit is a rule in the Citizenship Act that prevents certain individuals born outside Canada from automatically becoming Canadian citizens. It applies to those who:
- Were born outside Canada to a Canadian parent, and
- Have a Canadian parent who was also born outside Canada (i.e., their grandparent was a Canadian citizen).
This rule means that individuals in this category cannot pass Canadian citizenship to their children unless they have another Canadian parent who was either born in Canada or became a naturalized citizen before their birth.
Recent Court Ruling & Government Response
In December 2023, the Ontario Superior Court of Justice ruled that the first-generation limit is unconstitutional for many individuals. However, the Court has suspended the enforcement of this ruling until April 25, 2025. Until then, the current law remains in effect.
Recognizing the impact of this restriction, Minister of Immigration, Refugees and Citizenship Marc Miller announced a new interim measure to assist those affected.
What Does the Interim Measure Mean?
As a temporary solution, individuals affected by the first-generation limit can now apply for a discretionary grant of citizenship under a subsection of the Citizenship Act.
IRCC officials have been instructed to process these applications under the new policy. This means that many individuals who were previously denied automatic citizenship may now be eligible through this special consideration.
Who Qualifies Under the Interim Measure?
You may qualify for this discretionary grant of citizenship if:
- You were born outside Canada to a Canadian parent;
- Your Canadian parent was also born outside Canada;
- You do not have another parent who was either born in Canada or became a naturalized citizen before your birth.
If you meet these criteria, you may now have a pathway to Canadian citizenship through a special application process.
How to Apply for Canadian Citizenship Under the New Policy
If you are affected by the first-generation limit, you can take the following steps:
- Check Your Eligibility – Answer a few questions to determine whether you qualify for the interim measure.
- Apply for a Citizenship Certificate – If you are eligible, you can apply for proof of Canadian citizenship through either the regular or urgent application process.
- Apply for a Discretionary Grant of Citizenship – If you do not qualify for automatic citizenship, you can apply for a discretionary grant under the new interim policy.
Key Deadlines & Next Steps
- The Ontario Superior Court’s ruling is suspended until April 25, 2025.
- Until that date, the current first-generation limit remains in effect.
- Affected individuals can now apply for citizenship under the discretionary grant process.
For more details on how the first-generation limit impacts you and how to apply for citizenship, contact Visaserve Immigration Law P.C. today. Our experienced immigration lawyers can guide you through the application process and ensure you take full advantage of the new policy.
Get Help with Your Citizenship Application
Navigating immigration law can be complex, but you don’t have to do it alone. Visaserve Immigration Law P.C. is here to help you understand your rights and submit a successful application under the new interim measure.
Book a consultation with our immigration experts today!
