The Government of Canada has announced an interim measure to grant discretionary citizenship to those affected by the first-generation limit (FGL) while awaiting legislative changes.
This follows a December 2023 court ruling that declared key parts of the FGL unconstitutional. The government did not appeal the decision and introduced Bill C-71 in May 2024 to amend the Citizenship Act.
Bill C-71 does not remove the first-generation limit entirely but introduces an exception: Canadians born abroad may pass on citizenship to their children only if they have lived in Canada for at least three years before birth or adoption. The bill has yet to pass.
Under the current law:
- If a Canadian citizen was born in Canada or naturalized, their child born abroad automatically gains Canadian citizenship.
- However, if a Canadian citizen was born abroad and obtained citizenship by descent, they cannot pass citizenship to their child born outside Canada.
Until the law is amended, the government will consider discretionary grants of citizenship for:
- Individuals born/adopted before December 19, 2023, affected by the FGL.
- Individuals born/adopted after that date, if their Canadian parent has 1,095+ days in Canada. (These cases will be prioritized.)
- Some individuals born before April 1, 1949.
- Those who lost citizenship due to former retention rules.
With Parliament prorogued, the government has requested a 12-month extension beyond the March 19, 2025 deadline to pass Bill C-71.
