Important Update on Canadian Citizenship Rules for Children Born Outside Canada
The rules about who can get Canadian citizenship through their parents (citizenship by descent) are changing — but they haven’t changed yet. For now, the current rule is still in place: only the first generation born or adopted outside Canada to a Canadian parent is automatically eligible for citizenship. This is called the First-Generation Limit (FGL).
What Happened?
On December 19, 2023, a Canadian court said parts of the citizenship law might be unfair.
Bill C-71 aimed to address the “second-generation cut-off” in the Citizenship Act, which prevents Canadian citizens born abroad from passing their citizenship to their foreign-born children. The bill proposed a pathway for such citizens to confer citizenship to their children. This amendment was introduced in response to the December 2023 ruling by the Ontario Superior Court of Justice, which deemed the existing provisions unconstitutional.
But this doesn’t change the law right away. Until new rules are announced, the current rules still apply.
Who Might Be Affected?
You may be affected if:
- You were born or adopted outside Canada and your Canadian parent was also born outside Canada, or
- You were adopted by a Canadian citizen who was not born in Canada, or
- Your Canadian parent got their citizenship through adoption (section 5.1), or
- Your parent or grandparent was a Canadian Crown servant (working abroad for the government), or
- You think you lost Canadian citizenship in the past under the old laws
What Is IRCC Doing Now?
If you apply for Canadian citizenship and are affected by the FGL, IRCC may offer you a different path called a “discretionary grant of citizenship” (under section 5(4) of the law). This allows the Minister to grant citizenship in special cases.
What to Expect Based on Your Situation
If you were born or adopted before December 19, 2023:
- You may be offered a chance to apply under the discretionary grant
If you were born or adopted on or after December 19, 2023:
- You may be asked to show that your Canadian parent has a strong connection to Canada (they lived in Canada for at least 1,095 days before your birth/adoption).
- If this is proven, you may get priority processing.
If your situation is urgent (e.g., a serious need for proof of citizenship), you can ask for urgent processing.
What Should You Do?
If your application is affected, IRCC will send you a letter explaining your options, including:
- How to apply for the discretionary grant
- What documents you may need
- Whether you can show your parent’s strong connection to Canada (if applicable)
If You Don’t Respond
If you don’t reply to the offer for the discretionary grant:
- IRCC will send a second letter.
- If there’s still no response, they will make a decision on your application based on the current rules.
Still Have Questions?
If you think you may be affected, or if you’re not sure what applies to your situation, reach out to our office for assistance.
