According to Maple News, thousands of individuals affected by Canada’s first-generation limit (FGL) rule may now be eligible for Canadian citizenship through a discretionary grant process. This new pathway, introduced as part of interim measures by the federal government, provides an opportunity for those who were previously excluded from automatic citizenship due to their birth abroad beyond the first generation.
The FGL, implemented in 2009, prevents Canadian citizens born outside the country from passing on citizenship to their children also born abroad. However, beginning in 2024, the government has opened a discretionary route for those impacted by this rule, pending formal legislative changes under Bill C-3, which is currently making its way through Parliament.
Applicants may be eligible if they fit into one of several categories:
– You were born or adopted before December 19, 2023, and are impacted by the FGL.
– You were born or adopted on or after December 19, 2023, are affected by the FGL, and your Canadian parent met the “substantial connection to Canada” test.
– You were born before April 1, 1949, and are subject to the FGL.
– You lost your citizenship due to failing to meet retention requirements as outlined in former section 8 of the Citizenship Act.
To satisfy the “substantial connection” test, your Canadian parent must have lived in Canada for at least 1,095 days (three years) before your birth or adoption. This new criteria ensures that individuals who have strong familial and national ties to Canada have a pathway to citizenship, even if they fall outside the bounds of existing legislation.
For example, consider Amanda, a fictional case study provided by Maple News. Born in 2010 in the UK, Amanda’s mother, Dorothy, was a Canadian citizen by descent, having inherited her citizenship from her father, a Canadian-born citizen. Under the FGL, Amanda did not acquire Canadian citizenship at birth because Dorothy, as a first-generation Canadian born abroad, could not pass it on. Under current discretionary rules, Amanda may now apply for citizenship, provided other requirements are met.
These temporary measures aim to provide redress for ‘Lost Canadians’—people who have a valid connection to Canada but were excluded due to restrictive citizenship rules. The government anticipates that permanent changes under Bill C-3 will soon provide a more inclusive framework.
Applicants are encouraged to review the eligibility criteria carefully and prepare documentation to support their relationship to a Canadian parent and their parent’s residency history.
Maple News will continue to follow updates to the Citizenship Act and provide guidance on future pathways to Canadian citizenship.