Canada extends deadline for adjustments to first-generation restrict for citizenship by descent…

On December 18, the Ontario Superior Courtroom of Justice prolonged the deadline for adjustments to Canada’s first technology restrict (FGL) by three extra months.

The brand new deadline is March 19, 2025.

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Canada’s FGL restricts the power of Canadian residents born overseas to move on Canadian citizenship to youngsters additionally born outdoors Canada.

The Ontario Superior Courtroom of Justice had beforehand ordered the federal authorities to amend the FGL rule throughout the Canadian Citizenship Act, calling it “unconstitutional” because it creates “a lesser class of citizenship.”

This marks the third time the deadline has been prolonged.

What’s Invoice C-71?

Earlier this 12 months, Immigration Minister Marc Miller launched Invoice C-71, An Act to Amend the Citizenship Act (2024).

The invoice goals at increasing citizenship by descent past the primary technology.

If it receives Royal Assent, it’ll mechanically confer Canadian citizenship to these born overseas – or adopted from overseas – to a Canadian father or mother who was additionally born overseas.

The proposed laws features a “substantial connection requirement”: to move on citizenship to their youngster if the invoice turns into legislation in its present type, the Canadian father or mother born overseas should have collected at the very least 1,095 days (or about three years) of bodily presence in Canada earlier than the beginning or adoption of their youngster.

If handed, the invoice will restore citizenship standing retroactively to some “Misplaced Canadians”: folks born to Canadian dad and mom born overseas, who haven’t had the chance to amass citizenship due to the FGL provision underneath present citizenship laws.

The invoice additionally applies to descendants of Misplaced Canadians, and anybody born overseas to a Canadian father or mother within the second or subsequent generations, earlier than the laws comes into drive.

In line with a report by the Parliamentary Finances Officer on December 19, this invoice may create roughly 115,000 new residents over the following 5 years.

Interim measures

IRCC has applied some interim measures granting some eligible people a “discretionary grant of citizenship.”

These measures apply in two particular eventualities.

State of affairs one: The applicant has submitted a proof of citizenship software that will be topic to the FGL rule change, and has requested pressing processing in accordance with pressing processing standards; or

State of affairs two: The applicant has a proof of citizenship software in course of and IRCC has recognized that the appliance is impacted by the FGL rule. The applying had beforehand been de-prioritized till new guidelines come into impact, however the applicant has since requested pressing processing.

To study extra about these interim measures, click on right here.

Earlier extensions

This anticipated change to Canada’s first-generation restrict was first delayed till August of 2024.

In August, the court docket granted an extension, with a deadline set to December 19, 2024.

The most recent extension comes “reluctantly” in keeping with stories, with the court docket sad with “incomplete and inaccurate proof” submitted that “failed to repair the laws.”

Schedule a Free Canadian Citizenship Session with the Cohen Immigration Regulation Agency