For years, Canadian citizens living abroad have faced legal barriers when passing on their citizenship to children born outside the country due to a restrictive rule in the Citizenship Act known as the first-generation limit. Fortunately, change is on the horizon. While permanent legislative reform is underway, new interim measures announced in March 2025 by Immigration, Refugees and Citizenship Canada (IRCC) offer a potential pathway for those affected.
Road to reform
Canada’s Citizenship Act includes what’s known as the first-generation limit — a rule that prevents Canadian citizens born abroad from automatically passing on their citizenship to children who are also born outside Canada. Since its enactment in 2009, this rule has faced widespread criticism for the challenges it creates for Canadians working or living internationally. In December 2023, the Ontario Superior Court of Justice found the first-generation limit to be unconstitutional. The Government of Canada chose not to appeal the decision, recognizing its significant implications for many Canadians. As a result, the federal government was ordered to amend the Citizenship Act. However, progress has been slow. Although Bill C-71 was introduced in May 2024 to address the required changes, it has yet to be passed. And now, almost a year after its initial introduction, the government has requested a further 12-month extension to reintroduce the legislation and provide Parliament with time to consider and implement the necessary reforms.
Temporary relief amid delays
The continued delays have been understandably frustrating for families affected by the first-generation limit who have long awaited the opportunity to apply for citizenship. Fortunately, IRCC has introduced a potential solution through expanded interim measures while formal legislative change is still underway.
Under these measures, certain individuals may now apply for a discretionary grant of citizenship under section 5(4) of the Citizenship Act. Those who are eligible include:
- Those born or adopted before December 19, 2023, impacted by the first-generation limit.
- Those born or adopted on or after December 19, 2023, whose Canadian parent had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption.
- Certain individuals born before April 1, 1949, still affected by the limit.
- Persons who lost citizenship under the former section 8 retention rule of the Citizenship Act.
Individuals who meet one of these eligibility requirements must provide a detailed explanation of their circumstances and demonstrate why their case warrants special consideration. IRCC has not published specific criteria for how these discretionary applications will be assessed. However, it is expected that officers will consider similar factors to those used in urgent processing requests. These include:
- to help avoid situations of potential harm or hardship due to factors such as race, religion, nationality, sexual orientation, gender identity or expression, or membership in particular groups
- to move minor children (under 18) to Canada and they were born outside Canada, and have a Canadian parent
- to help with a case of statelessness
- to travel because of death or serious illness in the family, and you’re unable to get a passport in your other nationality
- to give up (renounce) foreign citizenship by a certain date
- for employment or education, specifically to apply for a job, avoid losing a current job, or attend a school, college or university
- you need access to social benefits like a pension, health care or a social insurance number
Although a discretionary grant, the broad scope of factors suggests these interim measures could offer a meaningful opportunity for many individuals affected by the first-generation limit. While some may prefer to wait for permanent legislative reform, the timeline remains highly uncertain. With a further 12-month extension requested and continued unpredictability in Canada’s immigration policy, the future of Bill C-71 remains unclear. In the meantime, these interim measures could provide a concrete path forward under the current framework.
Maxine Blennerhassett is with Canadian immigration law firm Larlee Rosenberg.
