The Canadian government has announced new measures to help people affected by the “first-generation limit” (FGL) rule in the Citizenship Act. These changes will allow some individuals to apply for Canadian citizenship through a special process.
Who Can Apply for Citizenship Under These New Measures?
If you or your family were affected by the first-generation limit, you may now have a chance to get Canadian citizenship. The new rules apply to these four groups:
- Born or adopted before December 19, 2023 – If you were not eligible for Canadian citizenship due to the first-generation limit, you can now apply.
- Born or adopted on or after December 19, 2023 – You may qualify if your Canadian parent meets the new “substantial connection to Canada” test (explained below).
- Born before April 1, 1949 – Some people born before this date, who were affected by the first-generation limit, may be eligible.
- Lost citizenship due to old rules – If you lost Canadian citizenship under the former Section 8 of the Citizenship Act (which required people to “retain” their citizenship), you may now apply again.
Why Are These Changes Happening?
These measures were announced by Canada’s Immigration Minister, Marc Miller, on March 13, 2025. They are an attempt to fix issues caused by the first-generation limit, which has been ruled unconstitutional by the Ontario Superior Court of Justice.
The first-generation limit (introduced in 2009) meant that Canadian citizens born abroad could not pass their citizenship to their children if they were also born outside Canada. The court ruled that this created two classes of citizens, which goes against the Canadian Charter of Rights and Freedoms.
The New “Substantial Connection to Canada” Test
To ensure that Canadian citizenship is passed down fairly, the government has proposed a new rule. This rule allows Canadian citizens by descent to pass citizenship to their children if they have lived in Canada for at least three years (1,095 days) before their child was born or adopted.
This change is part of Bill C-71, which was introduced to fix the first-generation limit.
Delays and Deadlines: What Happens Next?
- Bill C-71 was expected to become law, but delays in Parliament have prevented this from happening.
- The Ontario Superior Court of Justice gave the government until March 19, 2025, to change the Citizenship Act.
- However, since Parliament has been delayed until March 24, 2025, the government is asking for 12 more months to finalize the law.
- If no decision is made, the court might strike down or change the current law, making parts of it invalid.
1. What is the first-generation limit?
The first-generation limit was a rule that prevented Canadian citizens who were born abroad from passing on their citizenship to their children if they were also born outside Canada.
2. Who benefits from these changes?
People affected by the first-generation limit, including those who lost their citizenship due to old rules, and those whose children were previously ineligible for citizenship.
3. What is the substantial connection to Canada test?
This test allows a Canadian citizen born abroad to pass their citizenship to their child, as long as they have lived in Canada for at least three years (1,095 days) before the child’s birth or adoption.
4. What happens if the government does not meet the deadline?
If the government does not pass the new law in time and the deadline is not extended, the court may strike down the existing law, which could automatically change the rules.
5. How can I apply for citizenship under these new measures?
If you think you qualify, you should check with Immigration, Refugees, and Citizenship Canada (IRCC) for official application details.
These new measures offer hope to many people who previously lost their chance at Canadian citizenship. If you or your family members are affected, now is the time to explore your options and apply!
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