New measures for Canadian citizenship in 2025

In light of delays in the passage of Bill C-71, the Government of Canada announced interim measures that allow certain persons affected by the "first generation limit" to apply for Canadian citizenship through discretionary concessions. These measures seek to address issues related to access to citizenship and are a response to the backlog. On March 13, 2025, the Ontario Superior Court of Justice extended the deadline for the federal government to amend the First Generation Limit (FGL) law for citizenship by descent to April 25, 2025.

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Today we address this topic in our Immiland blog. Here you will learn who can apply for a discretionary award, what the first generation limit is, and other important definitions to understand the topic. Join me as I read to the end - let's get started!

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What is the first generation limit?

The First Generation Limit (FGL) is a restriction established in 2009 that prohibits Canadian citizens by descent from transmitting their citizenship to their children born outside of Canada. This rule created a controversial distinction between those who obtained citizenship by birth in Canada and those who obtained it by descent, resulting in what the Ontario Superior Court of Justice termed a "second class of citizens" in violation of the national origin discrimination prohibition enshrined in the Canadian Charter of Rights and Freedoms. 

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What is a discretionary grant of citizenship and who can apply for it?

Discretionary grants of Canadian citizenship are a mechanism by which the Government of Canada, through the Minister of Immigration, Refugees and Citizenship, may grant citizenship to persons who do not meet all of the standard requirements set out in the Citizenship Act. These grants are applied in exceptional cases and under specific circumstances, where granting citizenship is deemed to be in the public or humanitarian interest.

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Who may apply for a discretionary concession:

• Those born or adopted before December 19, 2023 and subject to the first generation limit.
• Those born or adopted after December 19, 2023, provided their Canadian parent meets a substantial connection to Canada (at least three years physically living in the country).
• Those born before April 1, 1949, affected by the first generation limit.
• Persons who lost their citizenship due to retention requirements under the old Citizenship Law.

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Important definitions on the subject

Substantial connection: This term refers to a significant connection to Canada, defined in the proposal as having physically resided in Canada for at least three years (1095 days) prior to the birth or adoption of the child. This requirement seeks to ensure that Canadian parents by descent maintain a real connection to the country before transmitting citizenship.

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Retention Requirement: This requirement was present in the old Citizenship Act and required certain individuals to maintain their connection to Canada in order to retain their citizenship. Many lost it because they did not meet these requirements.

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Bill C-71: Introduced in 2024, this bill proposes to eliminate the first generation limit as long as the Canadian parent meets the substantial connection requirement. Its intention is to allow the transmission of citizenship to children born abroad, while ensuring that the link to Canada is preserved. However, this bill has not yet become law due to delays in Parliament.

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Main proposals of Bill C-71

Bill C-71 seeks:

• Extend citizenship by descent: allow individuals born abroad to Canadian parents, beyond the first generation, to obtain Canadian citizenship.
• Reinstate citizenship to "lost Canadians": grant citizenship to those who lost or never obtained citizenship due to previous provisions of the law.
• Establish physical presence requirements: after the implementation of the law, foreign-born parents who have or adopt children born outside Canada must have accumulated at least 1095 days of physical presence in Canada prior to the birth or adoption of the child in order to transmit citizenship.

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Recommendations for applying for Canadian citizenship

If you or a family member are in the process of applying for Canadian citizenship and require more information about the process, please consider the following recommendations:

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• Seek guidance from immigration attorneys to determine your eligibility and clarify questions about these recent changes.

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• Prepare documentation and be sure to collect substantial proof of connection and other necessary paperwork for your application.

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• Stay informed about legislative updates so you don't miss important opportunities.

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• Act quickly, as these interim measures may be short-lived; seize the moment to start your process.

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These actions and definitions are key to understanding and benefiting from the recent measures announced. If you have questions or need assistance, consult the specialists on the Immiland Canada team for personalized legal assistance.

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I hope this topic will be useful and timely for your Canadian citizenship application. Thank you very much for reading, see you in the next blog!

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With love,

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Immiland Canada

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