Maple News reports that Immigration, Refugees and Citizenship Canada (IRCC) has implemented new interim measures to help foreign nationals impacted by Canada’s restrictive citizenship-by-descent rules. Historically, Canadian citizenship could only be passed to the first generation of children born abroad. This meant that Canadians born overseas were unable to transmit their citizenship to their own children born outside Canada.
This restriction—commonly referred to as the first-generation limit (FGL)—has been a longstanding point of contention. However, pending changes to Canada’s Citizenship Act, outlined in Bill C-71, aim to extend eligibility to second-generation individuals born abroad. The legislation is currently awaiting Royal Assent and is expected to be addressed no later than June 19, 2024, in compliance with a decision issued by the Ontario Superior Court.
In anticipation of this policy shift, IRCC is proactively supporting those who may benefit through temporary measures. These provisions specifically apply to applicants who have requested urgent processing of their proof of citizenship application and may be affected by the FGL rule.
There are two scenarios where IRCC’s interim policy comes into play:
1. The applicant has filed for proof of citizenship, meets the criteria for urgent processing, and would become eligible for citizenship if Bill C-71 is passed.
2. The applicant’s file was previously de-prioritized due to FGL rules, but they have since requested urgent consideration based on changing circumstances.
Eligible applicants will be notified by IRCC that the FGL remains active but will be offered the opportunity to apply for a so-called “discretionary grant of citizenship.” This application will be assessed by the Minister of Immigration or their delegate, as Canadian law allows citizenship to be granted in exceptional cases.
To qualify for urgent processing, applicants must fall into one of three IRCC-approved categories. Though the government has not outlined these groups in this announcement, historically they have included individuals facing medical emergencies, employment requirements, or other time-sensitive situations.
These interim measures signal Canada’s broader commitment to making its citizenship policies more inclusive. If legislation like Bill C-71 is enacted, it will mark a significant shift in recognizing the rights of Canadian citizens living abroad and their descendants.
Maple News will continue to monitor developments as the anticipated June 19 announcement approaches, offering timely updates for individuals navigating Canada’s evolving citizenship landscape.