BREAKING: Canada Takes Major Steps to Grant Citizenship to Lost Canadians Affected by Controversial First-Generation Limit

In a groundbreaking announcement today, the Canadian government outlined new interim measures to allow individuals affected by the first-generation limit to apply for discretionary grants of Canadian citizenship.

Who is Affected?

The measures apply to several specific circumstances:

1. Individuals born or adopted before December 19, 2023 who have been impacted by the first-generation limit.

2. Those born or adopted on or after December 19, 2023, provided their Canadian parent can demonstrate a significant connection to Canada by having lived in the country for at least three years (1,095 days) prior to the child's birth or adoption.

3. Persons born before April 1, 1949 impacted by the first-generation limit.

4. Individuals who lost their citizenship due to retention requirements as previously defined in the Citizenship Act.

Under these new guidelines, individuals in the second category will receive prioritized consideration for citizenship grants.

Minister of Immigration, Refugees, and Citizenship Canada, Marc Miller, made the announcement on March 13, 2025, marking a pivotal moment in Canadian citizenship policy. This decision comes in the wake of delays in passing Bill C-71, which was intended to amend the Citizenship Act and remove the controversial first-generation limit, a regulation deemed unconstitutional by the Ontario Superior Court of Justice in December 2023.

Understanding the Controversy

The first-generation limit, introduced in 2009, created a situation where Canadian citizens who obtained citizenship by descent were unable to pass that citizenship down to their children if those children were born outside of Canada. For instance, a child born to a Canadian citizen renegade in some foreign land would have no claim to Canadian citizenship if that parent was themselves a citizen by descent. This effectively created a two-tiered citizenship structure, which the court ruled discriminatory, violating the Canadian Charter of Rights and Freedoms.

The federal government has opted not to appeal the court's decision, acknowledging the drawbacks of the first-generation limit as an undesirable public policy. Instead, they are pushing for reforms outlined in Bill C-71 to establish clearer guidelines allowing citizenship to be passed down under specific conditions.

Although the federal government has struggled to pass these amendments—facing delays and challenges within Parliament—the proposed changes could significantly impact thousands of Canadians around the globe. The Superior Court provided multiple extensions for the government to amend the Citizenship Act, most recently a deadline set for March 19, 2025. However, with Parliament prorogued until March 24, 2025, concerns grow that the government may further miss this deadline.

If no amendments are made and extensions are not granted, the court may take it upon itself to invalidate specific portions of the Citizenship Act, leaving many potential Canadian citizens without recourse.

This development has the potential to reshape the future of Canadian citizenship and restore rights to many individuals who previously saw citizenship out of reach. Stay tuned, as we will provide updates on this evolving situation as the government navigates this complex legislative landscape.