Extension: First-generation limit to Canadian citizenship
In effort to amend the Citizenship Act, Immigration, Refugees and Citizenship Canada (IRCC) has implemented temporary measures while awaiting a ruling from the Superior Court of Canada on the controversial first-generation limit which has brought forth debates over the fairness of the constitution as it prevents individuals from claiming inherited Canadian citizenship.
What is the first-generation limit?
The first-generation limit restricts Canadian citizenship for individuals born outside of Canada if neither of their parents was born or naturalized in the country. Introduced in 2009, the rule dictates that a child born to parents who themselves were born abroad to a Canadian citizen (Canadian grandparent) is not automatically granted Canadian citizenship. This limit applies unless one of the parents was born in Canada or became a naturalized citizen before the child’s birth.
In December 2023, the Ontario Superior Court of Justice ruled that this limit is unconstitutional. Following the ruling, the Superior Court issued a suspension of its decision until March 19, 2025. In response, on May 23, 2024, IRCC introduced former Bill C-71to uphold the integrity of Canadian citizenship.
Temporary Measures in Place
As the suspension deadline approaches, the government is requesting a 12-month extension from Parliament to reintroduce and enact Bill C-71. Minister of IRCC, the Honourable Marc Miller, has announced the approval of a temporary measure that will allow for discretionary grants of citizenship until the Ontario Superior Court reaches a permanent consensus regarding the reintroduction of Bill C-71. This temporary measure is in place to further support and assist those impacted by the first-generation limit as the parliament works to make necessary amendments.
Who Will Be Granted Discretionary Citizenship?
According to IRCC, 4 different situations where individuals may be granted a discretionary grant of citizenship:
- If the Canadian parent of individuals born or adopted on or after December 19, 2023, can prove they had at least 1,095 cumulative days (approximately three years) of physical presence in Canada before the child’s birth/adoption
- Certain or particular individuals who were born or adopted prior to December 19, 2023, and who are impacted by the first-generation limit
- Individuals born abroad (before April 1, 1949) to Canadian parents but were not automatically granted citizenship due to outdated limitations in the Citizenship Act
- Individuals who lost their Canadian citizenship under Section 8 of the previous Citizenship Act (1977) which was revoked on April 17, 2009.
If you find yourself in any of the situations outlined above and are unsure of your next steps, contact us at Canadim. We will assess your eligibility and assist you in claiming your Canadian citizenship.
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