Canada’s First-Generation Limit for Citizenship: Deadline Extended Again
The Ontario Superior Court of Justice has once again extended the deadline for the Canadian government to amend its controversial “first-generation limit” for citizenship. This decision comes after the court ruled the current law unconstitutional, creating a “lesser class of citizenship” for Canadians born abroad.
What is the First-Generation Limit?
The first-generation limit restricts the ability of Canadian citizens born abroad to pass on citizenship to their children also born outside Canada. This has impacted a significant number of Canadians, often referred to as “Lost Canadians,” who were denied citizenship due to this restrictive rule.
Bill C-71: A Step Towards Change
To address this issue, the federal government introduced Bill C-71, an Act to Amend the Citizenship Act. This bill aims to expand citizenship by descent, allowing Canadian citizens born abroad to pass on citizenship to their children born abroad under certain conditions.
- Key Provisions:
- Substantial Connection Requirement: The bill introduces a “substantial connection requirement,” requiring Canadian parents born abroad to have lived in Canada for at least 1,095 days (approximately three years) before the birth or adoption of their child.
- Retroactive Application: The bill aims to retroactively grant citizenship to some “Lost Canadians” and their descendants who were denied citizenship due to the first-generation limit.
Court-Ordered Deadline Extended
The Ontario Superior Court initially ordered the government to amend the FGL rule within a specific timeframe. However, due to delays and the need for further legislative action, the deadline has been extended three times. The most recent extension pushes the deadline to March 19, 2025.
Impact of the Delay
This ongoing delay continues to impact individuals and families who are eagerly awaiting the changes to the law. Many “Lost Canadians” and their descendants are still unable to obtain Canadian citizenship, despite the court’s ruling.
Interim Measures
While the legislative changes are pending, the government has implemented some interim measures to address urgent citizenship applications from individuals affected by the FGL rule. These measures provide discretionary grants of citizenship in certain limited circumstances. [Link to IRCC website for details on interim measures]
Next Steps
The government must now work diligently to finalize the legislative amendments and ensure timely implementation of the changes. The court’s decision and the ongoing delays underscore the importance of addressing this issue and ensuring equal citizenship rights for all Canadians.
Disclaimer: This information is for general guidance only and does not constitute legal or professional advice. Please consult with an immigration lawyer for personalized guidance on your specific situation.
For further information, please visit:
- Immigration, Refugees and Citizenship Canada (IRCC): https://www.canada.ca/en/immigration-refugees-citizenship.html
- Government of Canada 1 Legislation: [Link to Bill C-71 on Parliament of Canada website] 1. files.eric.ed.gov files.eric.ed.gov
- Liberty Immigration: [https://libertyimmigration.ca/]
I hope this article provides a clear and informative overview of the latest developments regarding Canada’s first-generation limit for citizenship.
