CANADA – Extension requested to maintain first-generation limit to citizenship by descent. 

March 14, 2025

By: Nouran Hassan, Legal Administrative Assistant, Newland Chase Canada

On December 19, 2023, the Ontario Superior Court of Justice made a significant ruling, declaring that the provisions governing the first-generation limit for those born abroad were unconstitutional. This ruling highlighted the unintended consequences that this law has had for Canadian citizens whose children were born outside of the country

Currently, the Citizenship Act includes a “first-generation limit” for those seeking citizenship by descent. This provision means that children born outside of Canada to Canadian citizens, beyond the first generation, do not automatically acquire Canadian citizenship at birth.

The government recognizes that this law, in its current form, has caused harm to many families. The IRCC acknowledges that this is unjust and has led to unacceptable outcomes for Canadians with children born abroad. Given the importance of rectifying this situation, the IRCC has made the decision not to appeal the ruling.

Introducing Bill C-71 to amend the Citizenship Act.

In response to the court’s decision, the IRCC introduced Bill C-71, the Act to Amend the Citizenship Act (2024), on May 23, 2024. This bill aims to address the court’s ruling while preserving the core value and integrity of Canadian citizenship. It is an important step toward resolving the issues surrounding the first-generation limit, ensuring that those who deserve citizenship are treated fairly and equitably.

However, due to delays in the passage of Bill C-71, the IRCC is taking immediate action to support those affected by the first-generation limit. While Parliament works to consider the necessary legislative amendments to the Citizenship Act, the IRCC is implementing an interim measure to assist those impacted by this issue.

Interim measure for affected individuals.

To help individuals affected by the first-generation limit, the IRCC has approved a discretionary grant of citizenship under subsection 5(4) of the Citizenship Act. This interim measure will apply to the following groups:

• Those born or adopted before December 19, 2023, who are still subject to the first-generation limit.
• Those born or adopted on or after December 19, 2023, whose Canadian parent had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption. These individuals will be prioritized for consideration for the discretionary grant.
• Certain individuals born before April 1, 1949, who remain affected by the first-generation limit.
• Individuals who lost their Canadian citizenship under the former section 8 of the Citizenship Act due to unmet retention requirements.

The government has been granted an extension for the suspension of the Court’s declaration until March 19, 2025. In light of this, the Government of Canada is requesting an additional 12-month extension to allow time for Bill C-71 to be reintroduced. This extension will provide the necessary time for Parliament to review, debate, and pass the proposed amendments to the Citizenship Act.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.