Anticipated changes to Canada’s first-generation limit (FGL) for passing on Canadian citizenship have been postponed, causing considerable discussion and concern. Let’s dive into what this means for potential citizens and the broader implications.
The First-Generation Limit Rule and Its Impact
The first-generation limit (FGL) rule specifies that if a Canadian citizen born outside Canada has a child outside Canada, the child will not automatically receive Canadian citizenship. This rule has created complications for many families, effectively creating a “lesser class of citizenship,” as described by the Ontario Supreme Court.
Court Ruling and Deadline Extension
Earlier, Ontario’s Supreme Court mandated the federal government to amend the FGL rule within the Canadian Citizenship Act by June 19, 2024. The court declared this rule unconstitutional, leading to a directive for its revision. However, the federal government has now been granted an extension, with solutions to the FGL issue due by August 9, 2024. This extension includes conditions, and there will be a hearing on August 1, 2024, to consider a further extension to December 2024.
Proposed Changes: Bill C-71
Bill C-71 is a proposed amendment to Canada’s Citizenship Act aimed at repealing the FGL rule implemented in 2009. If this bill receives Royal Assent, it will grant citizenship to eligible foreign nationals whose parents have a substantial connection to Canada. This connection is defined as a Canadian parent born abroad having accumulated at least 1,095 days (about 3 years) of physical presence in Canada before the birth or adoption of their child.
Legislative Timeline and Potential Delays
With the House of Commons adjourned for the summer until mid-September, changes to the FGL rule may be delayed until December 2024. This timeline adds uncertainty for those affected by the current rule.
Interim Measures Implemented by IRCC
Despite the delays in legislative changes, IRCC has introduced interim measures to address some of the immediate concerns regarding the FGL rule.
New Provisions for Urgent Citizenship Processing
As of May 30, eligible individuals can apply for a “discretionary grant of citizenship” if they meet specific criteria for urgent processing. These measures apply in two scenarios:
- Scenario One: The applicant has submitted a proof of citizenship application that would be subject to the FGL rule change and has requested urgent processing.
- Scenario Two: The applicant has a proof of citizenship application in process, identified by IRCC as impacted by the FGL rule, and has requested urgent processing.
The Broader Impact of Canadian Citizenship
Beyond the technicalities of the FGL rule, Canadian citizenship offers numerous benefits:
Freedom to Enter, Live, Work, and Settle: Canadian citizens can move freely within the country.
Political Rights: Citizens can vote and run for political office.
Dual Citizenship: Canada allows dual citizenship with eligible countries.
Canadian Passport: A Canadian passport is one of the most powerful in the world.
While many permanent residents opt for Canadian citizenship, some choose to maintain their permanent resident status, sacrificing certain rights and privileges. The delays in changes to Canada’s citizenship laws, specifically the FGL rule, highlight the complexities and ongoing adjustments in immigration policy. As the federal government works towards a solution, the interim measures provide some relief to affected individuals. The proposed changes, if implemented, will ensure that children of Canadian citizens born abroad are not unfairly disadvantaged.
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