BREAKING: Canada Announces Measures to Grant Citizenship to “Lost Canadians” Affected by First-Generation Limit

In a landmark decision, the Canadian government has unveiled interim measures to address the plight of “Lost Canadians”—individuals denied citizenship due to the first-generation limit on citizenship by descent. This move follows a December 2023 Ontario Superior Court ruling that deemed the policy unconstitutional.

The first-generation limit, enacted in 2009, barred Canadian citizens born abroad from passing their citizenship to children also born outside Canada. This created a generation of “Lost Canadians” who, despite strong ties to the country, were excluded from citizenship.

Immigration Minister Marc Miller announced the new measures, which include a discretionary grant of citizenship for those affected by the first-generation limit who have submitted applications. Urgent cases, such as those involving healthcare access or family emergencies, will receive prioritized processing.

The government is also advancing Bill C-71, which seeks to expand citizenship by descent beyond the first generation. If passed, the bill would automatically grant citizenship to individuals born abroad to a Canadian parent who was also born outside Canada, provided the parent has lived in Canada for at least 1,095 days before the child’s birth or adoption.

These changes could potentially create around 115,000 new Canadian citizens over the next five years. The government has extended the implementation deadline to March 19, 2025, allowing affected individuals to apply for citizenship through the current process, though longer processing times may apply.

This shift in citizenship policy marks a significant step toward addressing long-standing concerns about fairness and inclusivity for those with strong ties to Canada.

Details of the New Measures and Their Implications

The interim measures introduced by Immigration Minister Marc Miller are designed to provide immediate relief to those affected by the first-generation limit while the government finalizes permanent legislative changes. Under these measures, individuals who have already submitted citizenship applications under the first-generation limit will be eligible for a discretionary grant of citizenship. This step aims to address the backlog of cases and ensure that those with strong ties to Canada are not further delayed in obtaining their rightful citizenship.

In addition to the discretionary grants, the government has committed to prioritizing urgent cases. This includes individuals who require citizenship to access healthcare services or those facing family emergencies, such as reunification with Canadian relatives. The prioritized processing ensures that vulnerable individuals are not left in limbo during the transition period.

Bill C-71, the proposed legislation, introduces significant changes to Canada’s citizenship laws. If passed, it will automatically grant citizenship to individuals born abroad to Canadian parents who were also born outside Canada, provided the Canadian parent has accumulated at least 1,095 days (approximately three years) of physical presence in Canada before the child’s birth or adoption. This requirement ensures a demonstrated connection to Canada while expanding the eligibility for citizenship by descent.

The bill also includes retroactive provisions, meaning some “Lost Canadians” and their descendants will benefit from the changes even if they were born before the legislation comes into effect. This retroactive application is a critical component of the government’s effort to address the historical injustices caused by the first-generation limit.

The government estimates that these changes could result in the creation of approximately 115,000 new Canadian citizens over the next five years. This influx of new citizens reflects the government’s commitment to resolving the long-standing issue of “Lost Canadians” and ensuring that citizenship is accessible to those with legitimate claims.

To accommodate the transition, the government has extended the implementation deadline for these changes to March 19, 2025. This extended timeline allows affected individuals to continue applying for citizenship through the existing process, although they should be prepared for potentially longer processing times as the system adapts to the new measures.

These reforms mark a substantial shift in Canada’s approach to citizenship, emphasizing fairness and inclusivity. By addressing the first-generation limit and expanding citizenship by descent, the government is taking a significant step toward ensuring that all individuals with strong ties to Canada can fully participate in the nation’s civic life.

Conclusion

The Canadian government’s decision to address the first-generation limit on citizenship by descent marks a significant milestone in the fight for fairness and inclusivity. By introducing interim measures and advancing Bill C-71, the government is taking decisive steps to resolve the long-standing issue of “Lost Canadians.” These changes not only provide immediate relief to those affected but also pave the way for a more equitable citizenship system. The estimated creation of 115,000 new Canadian citizens over the next five years underscores the profound impact of these reforms. As Canada continues to evolve, these measures ensure that individuals with strong ties to the country can fully embrace their citizenship and contribute to the nation’s future.

Frequently Asked Questions (FAQs)

Who is eligible for the discretionary grant of citizenship under the interim measures?

Individuals affected by the first-generation limit who have submitted citizenship applications are eligible for a discretionary grant of citizenship. This includes those who have faced challenges in passing citizenship to their children born abroad.

How will urgent cases be prioritized?

Urgent cases, such as those involving healthcare access or family emergencies, will receive prioritized processing. This ensures vulnerable individuals are not delayed in obtaining their citizenship.

What is Bill C-71, and how does it change citizenship by descent?

Bill C-71 proposes to expand citizenship by descent beyond the first generation. It would automatically grant citizenship to individuals born abroad to Canadian parents who have lived in Canada for at least 1,095 days before the child’s birth or adoption.

Will the new measures apply retroactively?

Yes, Bill C-71 includes retroactive provisions, meaning some “Lost Canadians” and their descendants will benefit from the changes even if they were born before the legislation comes into effect.

What is the deadline for implementing these changes?

The government has extended the implementation deadline to March 19, 2025, allowing individuals to apply for citizenship through the current process. However, longer processing times may apply during the transition period.

How many new Canadian citizens are expected as a result of these changes?

The government estimates that these changes could create approximately 115,000 new Canadian citizens over the next five years.

What are the benefits of these changes beyond citizenship?

Beyond granting citizenship, these changes ensure individuals can access essential services like healthcare, reunite with family, and fully participate in Canada’s civic life, fostering a more inclusive society.