Proposed revisions to Canada’s first-generation limit (FGL) for transmitting Canadian citizenship have been postponed until at least August.
Under the FGL rule, if a Canadian citizen born abroad has a child outside Canada, that child does not automatically acquire Canadian citizenship from their parents.
Ontario’s Supreme Court previously directed the federal government to amend the FGL rule within the Canadian Citizenship Act, deeming it unconstitutional for establishing “a lesser class of citizenship.” The court imposed a deadline of June 19, 2024, for the government to address this issue.
The federal government has secured an extension from the Ontario Supreme Court, pushing the deadline for addressing the FGL issue to August 9, 2024. Further conditions accompany this extension, including a hearing scheduled for August 1, 2024, to consider extending the deadline to December 2024. The court has also requested a progress report on implementing Bill C-71, aimed at repealing the FGL rule, with a goal to pass the bill by December 19, 2024. Given the current adjournment of the House of Commons until mid-September, changes to the FGL may not occur until December 2024.
IRCC has already taken steps to address the FGL rule by implementing interim measures effective May 30th. These measures allow eligible individuals seeking urgent processing of their citizenship applications to receive a discretionary grant of Canadian citizenship from the Immigration Minister. This applies in two scenarios: where the applicant has applied under the FGL rule change and meets urgent processing criteria, or where the application is impacted by the FGL rule and the applicant requests urgent processing after it was deprioritized pending rule changes.
Canadian citizenship offers several significant benefits, including the freedom to enter, live, work, and settle anywhere in Canada, along with the right to vote and run for political office. Citizens can hold dual citizenship with other eligible countries and possess a highly regarded Canadian passport. While most permanent residents choose to become citizens, it is not mandatory, and a minority opt to maintain their permanent resident status despite foregoing some rights and privileges available to Canadian nationals.