Canadian Citizenship by Descent: A Legal Shift Underway
Citizenship law in Canada is evolving, especially for children born abroad to Canadian parents. Traditionally, the “first-generation limit” restricted automatic citizenship to only the first generation born outside Canada. This provision, however, was deemed unconstitutional by the Ontario Superior Court in late 2023, prompting the government to act.
“Canadian citizenship is a powerful bond—one we must uphold with fairness and clarity.”
— The Honourable Marc Miller, Minister of Immigration
In response, the government introduced Bill C-71 in 2024 to amend the Citizenship Act. But with legislative delays, Immigration, Refugees and Citizenship Canada (IRCC) is now requesting a 12-month extension to maintain the current rule while Parliament works toward long-term reform.
Who is eligible for a discretionary grant of citizenship?
Children born or adopted before December 19, 2023, who were affected by the rule;
Children born or adopted on or after that date, if their Canadian parent was physically present in Canada for at least 1,095 days before the birth/adoption;
Individuals born before April 1, 1949, who remain affected;
People who lost citizenship under former section 8 due to unmet retention requirements.
Key Areas of Support:
Discover how this policy change impacts international families and how legal guidance can help you navigate your rights:
Clarifying eligibility for children born abroad;
Assisting with discretionary citizenship applications under subsection 5(4);
Advocating for families affected by outdated or unfair provisions.
