Second-generation Canadians can now apply for grant of citizenship, while the update to the Canadian Citizenship law faces delays again.
The Second-generation Canadians or “Lost Canadians” has been affected by the “first-generation limit” in the Canadian Citizenship Act which prevented first-generation Canadians born abroad from automatically passing their Canadian citizenship to their own children born abroad.
On December 19, 2023, the Ontario Superior Court of Justice declared that the first-generation limit for those born abroad is unconstitutional. The court ordered the Canadian government to repeal this provision within six months or amend the Citizenship Act. The federal government accepted the ruling.
In a statement on March 13, 2025, Mr. Marc Miller, Minister of Immigration, Refugees and Citizenship, said the government applied to the court for a 12-month extension to the current March 19, 2025, deadline.
To address delays in passing Bill C-71, Minister Miller also issued a statement approving an interim measure to support those affected by the first-generation limit while Parliament considers legislative amendments to the Citizenship Act. Canada to request a further extension to maintain first-generation limit to Canadian citizenship by descent
Minister Miller’s statement highlights that those born or adopted before December 19, 2023, who are subject to the first-generation limit will be offered consideration for a discretionary grant of citizenship under subsection 5(4) of the Act.
The Citizenship Act currently includes a “first-generation limit” to citizenship by descent, which means that children born abroad to Canadian citizens beyond the first generation do not acquire Canadian citizenship at birth.
On May 23, 2024, the Canadian Government introduced Bill C-71 to amend the Citizenship Act. It addresses the Court’s decision while upholding the value of Canadian citizenship. Since the court ruling, the government requested three extensions (August, December 2024 and March 19, 2025) to pass legislation extending citizenship to those affected by the law. However, the government has failed to meet the court's deadlines. “Lost Canadians” can now get citizenship while update to law faces delays – CBC News
The interim measure has opened the door to the second generation to apply for grant of Canadian citizenship.
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