Whatβs Happening?
The Canadian government has delayed the changes to the Canadian Citizenship Act once again. These changes were supposed to address the rules about who can pass on Canadian citizenship to their children born outside Canada. The new deadline is now April 25, 2025.
Why Is This Important?
Currently, under the First-Generation Limit (FGL) introduced in 2009, Canadian parents who gained citizenship by descent (meaning they inherited it from their own Canadian parent) cannot pass on citizenship to their children born abroad. This law has been criticized for creating two classes of Canadian citizens.
In December 2023, the Ontario Superior Court of Justice called this rule unconstitutional, saying it unfairly discriminates based on national origin. However, the government has struggled to change the law, resulting in repeated delays.
What Is the Government Doing?
In May 2024, the government proposed Bill C-71. This bill suggested that Canadian parents who lived in Canada for at least three years before their child’s birth could pass on their citizenship. However, this bill has not yet become law.
Due to further delays and a government break requested by Prime Minister Justin Trudeau, the government missed the previous deadline of March 19, 2025. They have now requested more time until April 25, 2025 to make the necessary changes.
A court hearing on April 11, 2025, will decide if the government deserves more time to adjust the law.
Temporary Solutions in Place
While waiting for the law to change, the Immigration, Refugees and Citizenship Canada (IRCC) has created temporary solutions:
- People affected can apply for discretionary citizenship grants.
- These applications may receive priority processing.
What If the Government Misses the Deadline Again?
If the government fails to make the changes by April 25, the Court might:
- Give the government more time.
- Change or remove the problematic parts of the Citizenship Act.
1. What is the First-Generation Limit (FGL)? Itβs a rule that stops Canadian parents who gained citizenship by descent from passing on citizenship to their children born outside Canada.
2. Can my child born abroad still get Canadian citizenship? For now, you may apply for a discretionary grant of citizenship through IRCC, and your case might be processed faster.
3. What happens if the changes don’t happen by April 25, 2025? The Court could give the government more time or force changes to the law to fix the issue.
4. How can Ask Kubeir help me with this? Ask Kubeir can provide up-to-date guidance, help with applications, and represent you in navigating these complicated rules.
For personalized advice, reach out to Ask Kubeir today!
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Disclaimer: This is for informational purposes only and not legal advice. Always consult experts like us or the official IRCC website for up-to-date details.