Canada Delays Changes to Citizenship Laws

The expected revisions to Canada's first-generation limit (FGL) on passing down citizenship have been postponed until at least August.

Under the current FGL rule, a child born outside of Canada to a Canadian citizen who was also born abroad does not automatically receive Canadian citizenship.

Ontario’s Supreme Court previously ordered the federal government to modify the FGL rule within the Canadian Citizenship Act, deeming it unconstitutional as it created “a lesser class of citizenship.” The court set a deadline of June 19, 2024, for a resolution.

However, the Immigration, Refugees and Citizenship Canada (IRCC) has already introduced interim changes to address the FGL rule. These changes, effective from May 30, allow certain foreign-born individuals to be granted Canadian citizenship through a “discretionary grant of citizenship” by the Immigration Minister.

These interim measures apply in two scenarios:

1. The applicant has submitted a proof of citizenship application affected by the FGL rule change and has requested urgent processing.
2. The applicant has a proof of citizenship application in progress, identified by IRCC as impacted by the FGL rule. The application was previously de-prioritized pending new rules, but the applicant has since requested urgent processing.