Canada’s Citizenship Laws: Changes Postponed Until August

Anticipated changes to Canada’s citizenship laws, specifically the first-generation limit (FGL) rule, have been delayed until at least August. The FGL rule, which dictates that Canadian citizenship cannot be passed on to children born outside of Canada to parents who were also born outside of Canada, was deemed unconstitutional by Ontario’s Supreme Court in May.
The court ordered the federal government to amend the FGL rule within the Canadian Citizenship Act by June 19th, 2024. However, the government has received an extension from the Ontario Supreme Court, pushing the deadline to August 9th, 2024. This extension has sparked concerns among those affected by the FGL rule, who have been waiting for a resolution to their citizenship status.
Background
The FGL rule was introduced in 2009 to address concerns about citizenship being passed on to multiple generations born outside of Canada. However, the rule has been criticized for creating a “lesser class of citizenship” and has been the subject of legal challenges. The rule has also been seen as discriminatory, as it denies citizenship to individuals who have a legitimate connection to Canada through their parents.
Extension and Next Steps
The extension granted by the Ontario Supreme Court comes with conditions. A hearing will be held on August 1st, 2024, to determine if a further extension to December 2024 is appropriate. The court has also requested a report on the progress made towards implementing Bill C-71, the proposed Act to amend the Canadian Citizenship Act, and the government’s intended next steps to pass the bill by December 19, 2024.
Bill C-71
Bill C-71 aims to repeal the FGL rule and grant citizenship to eligible foreign nationals whose parents have a substantial connection to Canada. A substantial connection is determined by a Canadian parent born abroad accumulating at least 1,095 days (about 3 years) of physical presence in Canada prior to the birth or adoption of their child. This bill has been seen as a solution to the issues created by the FGL rule and has been welcomed by those affected by the rule.
Interim Measures
While the changes to the FGL rule have been delayed, Immigration Refugees and Citizenship Canada (IRCC) has implemented interim measures to grant Canadian citizenship to some eligible individuals. These measures, introduced on May 30th, allow some applicants who have requested urgent processing of their citizenship application to be granted a “discretionary grant of citizenship” from the Immigration Minister.
Eligibility
The interim measures apply in two specific 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 in accordance with urgent processing criteria.
Scenario Two: The applicant has a proof of citizenship application in process and IRCC has identified that the application is impacted by the FGL rule. The application had previously been de-prioritized until new rules come into effect, but the applicant has since requested urgent processing.
Benefits of Canadian Citizenship
Canadian citizenship offers numerous benefits, including the right to enter, live, work, and settle in Canada, vote and run for political office, hold dual citizenship with other eligible countries, and receive a Canadian passport, consistently ranked one of the strongest in the world. Canadian citizenship also offers a sense of belonging and identity, allowing individuals to fully participate in Canadian society.
While most permanent residents opt to receive Canadian citizenship, there is no legal requirement to do so. However, maintaining permanent resident status comes at the cost of some rights and privileges afforded to Canadian nationals. Permanent residents may also face limitations in their ability to travel, work, and access government services.
Impact on Affected Individuals
The delays in changing the FGL rule have significant implications for individuals affected by the rule. Many have been waiting for years to have their citizenship status resolved and are facing uncertainty and insecurity. The delays have also caused frustration and disappointment among those who have been advocating for changes to the FGL rule.
Personal Stories
Many individuals have shared their personal stories of how the FGL rule has affected their lives. Some have been unable to access government services, while others have faced difficulties traveling due to their uncertain citizenship status. These stories highlight the need for a resolution to the FGL rule and the importance of granting citizenship to those who have a legitimate connection to Canada.
Advocacy Efforts
Advocacy groups have been pushing for changes to the FGL rule for years. These groups have been working tirelessly to raise awareness about the issue and to pressure the government to take action. Their efforts have been instrumental in pushing the government to introduce Bill C-71 and to implement interim measures.