Canadian federal authorities will miss deadline for modifications to citizenship by descent…

The federal authorities will miss the prolonged deadline to make modifications to the second-generation cut-off provision relating to citizenship by descent.

Governor Normal Mary Simon has prorogued Parliament till March 24, 2025, so the federal authorities will be unable to amend the Citizenship Act previous to the latest deadline of March 19, 2025.

Present “misplaced Canadians”—those that could also be entitled to Canadian citizenship however haven’t been granted it on account of sure provisions in citizenship legislation—should wait even longer for the anticipated legislative modifications.

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

Background

The Ontario Superior Court docket of Justice has dominated the second-generation cut-off provisions of the Citizenship Act unconstitutional, and has instructed the federal authorities to amend the laws.

Underneath the present second-generation cut-off, established in 2009, Canadian residents who gained citizenship by descent when born overseas can not go on their citizenship by descent to their youngsters born overseas.

Canadian residents who’ve been born in Canada or have been naturalized are usually not affected by this limitation.

The Ontario Superior Court docket of Justice dominated the second-generation cut-off provisions of the Citizenship Act unconstitutional in Dec of 2023, and at the moment granted the federal authorities a grace interval of six months to amend the Citizenship Act.

The Court docket has since prolonged the deadline thrice, most just lately to March 19, 2025.

On January 6, 2025, Prime Minister Justin Trudeau introduced his resignation as chief of the Liberal Celebration of Canada, and that he’d requested Simon to prorogue Parliament till March 24, 2025.

In Could, 2024, the federal government launched Invoice C-71, which might permit for citizenship by descent to the second era, supplied that the kid’s mother or father spent at the very least 1,095 days in Canada previous to the kid’s start or adoption.

Invoice C-71 has not turn out to be legislation. When Parliament is prorogued, all present payments die. It’s doable that Invoice C-71 might by no means be reintroduced after Parliament resumes session.

What’s going to occur if the federal government misses the deadline?

If the federal government misses the deadline, the Ontario Superior Court docket of Justice might both

• Prolong the deadline; or
• Strike down or learn down the offending parts of the Citizenship Act.

If the deadline is prolonged, the second-generation cut-off provisions of the Citizenship Act will stay in impact till both the legislative modifications have been launched, or till the prolonged deadline has been missed.

If the deadline is missed and never prolonged, the Ontario Superior Court docket of justice might strike down or learn down the offending parts of the laws, rendering the second-generation cutoff provisions inoperative.

What can these affected do in the meanwhile?

Immigration, Refugees and Citizenship Canada has launched interim measures that will help some individuals affected by the second-generation cutoff provisions.

Misplaced Canadians can apply for a discretionary grant of citizenship in the event that they fall into considered one of two situations:

• First State of affairs: The applicant has submitted a proof of citizenship software which might be affected by the second-generation cut-off legislative change, and has requested pressing processing.
• Second State of affairs: The applicant has a proof of citizenship software in course of, which has been recognized by IRCC as being affected by the second-generation cut-off provisions. IRCC had beforehand de-prioritized this software pending the legislative modifications, however the applicant has since requested pressing processing.

Candidates can request pressing processing for one of many following causes:

• They urgently require entry to advantages afforded by citizenship (e.g., well being care protection, a Social Insurance coverage Quantity (SIN), a pension).
• They want proof of citizenship to be able to get a job.
• They should go away or return to Canada on account of sickness or loss of life of their household.

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