Canada Requests More Time to Keep First-Generation Citizenship Rule

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Key Takeaways

Ontario Superior Court declared the first-generation limit unconstitutional on December 19, 2023, citing violation of equality principles.
Bill C-71, introduced on May 23, 2024, proposes restoring citizenship with a 1,095-day substantial connection condition for Canadian parents.
Interim relief measures allow affected individuals born prior to December 19, 2023, to apply for urgent grants of citizenship.

The Canadian government is currently navigating a critical issue concerning the “first-generation limit” (FGL) within the Citizenship Act. This provision, introduced in 2009, restricts citizenship by descent to only one generation born outside Canada🇨🇦, effectively preventing Canadian citizens born abroad from passing their citizenship to their children if those children are also born outside of Canada. With this restriction under intense legal and public scrutiny, the government has sought more time to address its implications and craft a comprehensive solution. Recent developments, including court rulings and legislative proposals such as Bill C-71, have pushed the issue to the forefront of national discourse, raising broader questions about Canadian citizenship and identity.

Canada Requests More Time to Keep First-Generation Citizenship Rule

The First-Generation Limit: Origins and Controversy

The first-generation limit was implemented on April 17, 2009, as part of significant amendments to the Citizenship Act. Its introduction was intended to align citizenship rules with the perceived need to limit “chain migration,” a scenario in which generations of individuals born outside Canada automatically acquire Canadian citizenship despite potentially weak ties to the country. The policy stipulates that, for citizenship to be passed on, at least one parent must have been born in Canada or have become a naturalized citizen before the birth of the child.

Despite its intentions, the FGL has been criticized for its unintended effects, particularly on families. Thousands of individuals who have deep familial connections to Canada have been excluded from obtaining Canadian citizenship because of this rule. These individuals, often described as “Lost Canadians,” include those who, due to technical aspects of the law or outdated provisions, have been denied citizenship despite having clear roots in the country🇨🇦. This has led many critics to argue that the FGL creates a disparity, treating Canadian citizens born outside Canada as having “lesser” citizenship compared to their Canadian-born counterparts.

Beyond its social implications, the FGL has had real-world consequences for those affected. Lacking Canadian citizenship, individuals may face barriers to living, working, or studying in Canada and are excluded from crucial rights like voting or accessing government services. Such impacts have raised broader concerns, with critics asserting that the policy not only disrupts families but also erodes the foundational principles of equality and inclusion central to Canadian identity.

Legal Challenges and the Fight Against the First-Generation Limit

The FGL’s legality has been the subject of ongoing debate since its introduction. This debate came to a head on December 19, 2023, when the Ontario Superior Court of Justice ruled the FGL unconstitutional. The court found that the rule violated equality and anti-discrimination principles, particularly noting the impact on individuals born abroad who are treated as second-class citizens. It emphasized that creating distinctions in citizenship based on national origin was fundamentally contrary to the Canadian Charter of Rights and Freedoms.

The court’s decision to invalidate the FGL, however, included a suspension of its immediate effect, granting the Canadian government time to update the Citizenship Act. An initial deadline was set for mid-2024, but due to delays in legislative progress, the government has been granted several extensions. The most recent extension, requested in March 2025, would postpone implementation of any changes until at least April 25, 2026. This request for additional time, however, has drawn criticism from both judicial authorities and advocates, who question the federal government’s commitment to resolving the issue in a timely manner.

Government Legislative Action: Bill C-71

In response to mounting pressure, the government introduced Bill C-71 on May 23, 2024. This legislation represents an attempt to reform the FGL while striking a balance between fairness and maintaining meaningful connections to Canada. The centerpiece of the bill is its provision to restore automatic citizenship to individuals born abroad to Canadian parents who were also born abroad. However, this restoration would come with a new condition: the “substantial connection requirement.”

Under the substantial connection requirement, Canadian parents born outside Canada must have accumulated at least 1,095 days of physical presence (approximately three years) in Canada before their child’s birth or adoption in order to pass on citizenship. The intent behind this requirement is to ensure that Canadian citizenship maintains a tangible connection to the country while addressing the inequities caused by the FGL.

In addition, the bill seeks to rectify historical injustices by restoring citizenship to “Lost Canadians” and their descendants who were excluded under outdated provisions of the Citizenship Act. Although it has been welcomed by many as a step toward inclusiveness, critics have raised concerns about the complexity of the new rules, arguing that the substantial connection requirement could create additional bureaucratic hurdles for families.

Despite its promise, Bill C-71 has yet to pass into law. Legislative delays continue to hinder its progress, with the bill stuck in parliamentary proceedings as the government weighs its implications and contends with competing priorities.

Temporary Relief: Interim Measures

In light of the delays surrounding permanent legislative reform, Immigration, Refugees and Citizenship Canada (IRCC) has implemented interim measures to help those adversely affected by the FGL. These discretionary provisions allow certain individuals to apply for urgent grants of citizenship. Eligibility criteria for these measures vary but generally include:

Individuals born abroad before December 19, 2023, who face exclusion under the FGL.
Children born after December 19, 2023, whose Canadian-born parent meets the substantial connection requirement outlined in Bill C-71.
Individuals born before April 1, 1949, affected by outdated restrictions within prior versions of the Citizenship Act.
Canadian citizens who lost their citizenship under previous retention rules.

While these temporary measures offer some relief, they remain insufficient compared to the broader impact of the FGL. Observers have stressed that such interim solutions cannot replace comprehensive legislative reform capable of addressing the systemic flaws of Canada’s citizenship laws.

Impacts on Canada’s Global Identity

The FGL debate has prompted significant reflection on what it means to be Canadian. At its heart is the question of whether national identity should be defined primarily by birthright or by meaningful connections to the country. In an increasingly interconnected world, critics argue that restrictive policies like the FGL are at odds with the realities of Canadian families, who may choose to live and work abroad without losing their emotional and cultural ties to Canada🇨🇦.

Proponents of reform believe that extending citizenship by descent to more individuals would enhance inclusivity while affirming Canada’s global connections. They argue that rigid restrictions on citizenship transmission ignore Canada’s multicultural fabric and its position as a leader in upholding human rights. On the other hand, some caution that loosening rules too much could risk diluting the responsibilities associated with Canadian citizenship, potentially undermining its importance.

Resolving this complex debate will be key to shaping Canada’s approach to citizenship for decades to come, influencing not just policy but also the broader perception of what it means to belong to the Canadian community.

Conclusion

The first-generation limit on citizenship by descent has sparked widespread debate and controversy since its introduction in 2009. Designed to address chain migration concerns, the policy has instead excluded thousands of Canadians from full participation in the life of their country. Legal challenges, including a landmark court ruling in 2023, have placed the FGL at the center of efforts to reform Canadian citizenship laws.

While Bill C-71 offers hope for addressing these disparities by extending citizenship rights and introducing measures such as the substantial connection requirement, its passage has been delayed amid bureaucratic challenges and legislative bottlenecks. In the meantime, IRCC’s interim measures provide some relief but do not offer a long-term solution.

As April 2025 approaches, all eyes are on the Canadian government to determine the future of the FGL and its role in shaping the broader concept of Canadian identity. Ensuring fairness, inclusivity, and respect for constitutional rights will be critical as policymakers navigate this contentious issue. For official updates on Canada’s citizenship laws, visit the website of Immigration, Refugees and Citizenship Canada (IRCC).

Analysis from VisaVerge.com suggests that the introduction of Bill C-71 represents a critical step forward, but without timely action, Canada risks falling short of addressing the long-standing inequities created by the first-generation limit. As the country moves toward potential reforms, balancing inclusivity with a sense of connection to Canada remains the challenge ahead.

Learn Today

First-Generation Limit (FGL) → A rule limiting Canadian citizenship by descent to only one generation born outside Canada, introduced in 2009.
Citizenship Act → Canadian legislation governing how citizenship is acquired, lost, or retained, including rules for citizenship by descent.
Substantial Connection Requirement → A proposed rule requiring Canadian parents born abroad to meet specific residency criteria to pass on citizenship.
Lost Canadians → Individuals excluded from Canadian citizenship due to technicalities, outdated legal provisions, or the first-generation limit.
Bill C-71 → Proposed legislation aiming to reform the first-generation limit and restore citizenship to affected individuals while introducing new conditions.

This Article in a Nutshell

Canada’s Citizenship Dilemma: The First-Generation Limit

Canada’s first-generation limit restricts citizenship by descent to one generation born abroad, alienating “Lost Canadians” with deep ties to the nation. Critics argue it excludes families and undermines equality. With legal challenges mounting and Bill C-71 proposing reform, Canada faces a defining moment: balancing citizenship inclusivity with meaningful national connections.