Author:Statement from Minister of Immigration, Refugees and Citizenship, Marc Miller
Ottawa, March 13, 2025—The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, has issued the following statement regarding Canadian citizenship:
“Canadian citizenship is a privilege that is highly respected across the globe. As Minister of Immigration, Refugees and Citizenship, my goal is to ensure that the citizenship process remains fair, transparent, and accessible.
The Citizenship Act currently includes a ‘first-generation limit,’ which restricts Canadian citizenship by descent. This means that children born abroad to Canadian citizens beyond the first generation are generally not entitled to Canadian citizenship at birth.
On December 19, 2023, the Ontario Superior Court of Justice ruled that key provisions of the Citizenship Act, which impose this first-generation limit, are unconstitutional.
The government recognizes that this law has had negative consequences for many Canadians whose children were born outside Canada. As such, we decided not to appeal the ruling. In response to this decision, on May 23, 2024, we introduced former Bill C-71, An Act to Amend the Citizenship Act (2024), to address the Court’s ruling while upholding the value and integrity of Canadian citizenship.
Given the delays in passing Bill C-71, I am approving an interim measure to assist those affected by the first-generation limit while Parliament works on legislative amendments to the Citizenship Act. The following groups will be considered for a discretionary grant of citizenship under subsection 5(4) of the Citizenship Act:
- Individuals born or adopted before December 19, 2023, who are subject to the first-generation limit
- Individuals born or adopted on or after December 19, 2023, if their Canadian parent had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption (these cases will be prioritized)
- Certain individuals born before April 1, 1949, who are still impacted by the first-generation limit
- Individuals who lost their citizenship under former section 8 of the Citizenship Act due to unmet retention requirements
Additionally, the Government of Canada was granted an extension to the suspension of the Court’s declaration until March 19, 2025. We are now seeking a further 12-month extension to allow time for the reintroduction of Bill C-71 and to provide Parliament with the opportunity to fully consider and enact the necessary changes to the law.”
Conclusion
If you are effected by this and would like to discuss what this means or if you believe you are eligible for citizenship through a grandparent then please get in touch by clicking on the link below.
