Canada’s first generation limit on Citizenship by descent allows a child born overseas to a Canadian citizen to be automatically eligible for Canadian Citizenship. This rule is only applicable for first generation children. The second generation child born overseas will not be able to inherit their parents citizenship.
FIRST GENERATION RULE IMPACT ON OVERSEAS INDIVIDUALS
In 2009, a law was introduced to restrict the citizenship transfer to another generation. However, the Canadian government is now reconsidering the rules due to the legal challenges and concerns Canadians living overseas have to face.
On December 19th, 2023, Ontario Supreme court of Justice recognized that the key provisions setting out the first-generation limit for those born abroad are unconstitutional.
MEASURES TAKEN BY SUPREME COURT
To address the issues, on May 23,2024, former Bill C-71, An Act to amend the Citizenship Act(2024) was introduced while maintaining the value of Canadian Citizenship.
However, as the Parliament is still considering the legislative changes to the Citizenship Act, the Supreme Court has instituted the interim measures to support the affected people. Individuals will be offered consideration for voluntary grant of Citizenship under subsection 5(4) of the Act:
- Individuals born on or before December 19, 2023 who are subject to first generation limit
- Individuals born on or after December 19, 2023 will be considered on prioritized basis if their parent has spend at least 1095 days in Canada before the born or adoption of their child
- Individuals born before April 1, 1949 who are affected by first generation limit
- Individuals who have lost citizenship under the former section 8 of the Citizenship Act due to unmet retention requirements
The Canadian government is granted an extension to suspension of the Court’s declaration until March 19th, 2025. However, the Canadian government is requesting for a 12 months extension to reintroduce former bill C-71. This will give Parliament enough time to enact the legislation.
You can read more information on this website.
