Effective Immediately – Applies Until Legislative Changes Are Implemented
Background:
On December 19, 2023, the Ontario Superior Court ruled that key parts of the first-generation limit (FGL) to citizenship by descent under the Citizenship Act were unconstitutional. However, the ruling has been suspended pending further legislative change. In the meantime, IRCC has introduced an interim process for applicants impacted by the FGL.
What Is the First-Generation Limit (FGL)?
Since April 17, 2009, Canadian citizenship by descent is limited to children born or adopted outside Canada only in the first generation. That means:
- A child born abroad to a Canadian citizen parent who was also born abroad (second generation) is not automatically a Canadian citizen.
- The same rule applies to children adopted abroad by Canadian citizens in the second generation.
Who Is Affected by the FGL?
This interim measure applies to individuals who:
- Were born or adopted outside Canada to a Canadian parent or would-be Canadian parent (if not for the FGL),
- Have submitted or are submitting a citizenship or adoption application, and
- May not qualify for citizenship because of the FGL.
It includes:
- Children born before or after December 19, 2023
- Individuals requesting urgent processing
- Cases where one or both parents are deceased
What Is the Interim Measure?
IRCC is offering affected applicants the option to be considered for discretionary citizenship under subsection 5(4) of the Citizenship Act, which allows the Minister to grant citizenship in special cases.
Substantial Connection Rule (for applicants born/adopted on or after Dec 19, 2023):
- If the parent (or would-be citizen parent) has 1,095 days (3 years) of physical presence in Canada before the child’s birth/adoption, the application may be prioritized.
Application Scenarios
- Born/Adopted Before Dec 19, 2023:
- Offered consideration under subsection 5(4).
- Application processed under regular discretionary procedures.
- Born/Adopted On or After Dec 19, 2023:
- Must provide proof of parent’s substantial connection (1,095 days in Canada).
- If met, eligible for priority processing under 5(4).
- If not, still considered under 5(4), but processed regularly.
- Urgent Processing:
- Possible in urgent situations, regardless of birth date.
- Must meet IRCC criteria for urgency.
What Happens Next?
Applicants will receive a letter from IRCC’s Case Processing Centre (Sydney) outlining:
- The FGL is still in force.
- Instructions on how to apply under subsection 5(4).
- The option to demonstrate substantial connection (if applicable).
- Instructions for submitting additional documentation.
What If I Don’t Respond?
- First offer: You’ll be invited to request consideration under 5(4).
- Second notice: If no response or refusal, your original proof or adoption application will be processed under existing FGL rules (which likely means a refusal).
Other Pathways to Citizenship
If you’re not eligible for citizenship by descent:
- You may be eligible for permanent residence and then citizenship.
- If stateless, you may qualify under section 5(5) or subsection 5(4).
Need Help?
If you’re unsure whether you or your child qualify for citizenship due to the FGL, or if you need assistance applying under this interim policy, contact us today at 204-944-8889 or email us at lawoffice@fridman.ca for support.
This post is for informational purposes only and does not constitute legal advice. Please refer to the IRCC official website for full details.
Stay informed—this policy is temporary and subject to change once new legislation is passed.