Canada Introduces Interim Measures for Lost Canadians Seeking Citizenship
The Canadian government has announced temporary measures allowing certain individuals to apply for discretionary grants of citizenship while awaiting legislative changes.
Who Can Apply?
Under these interim measures, eligibility includes:
- Born or adopted before December 19, 2023, and affected by the first-generation limit (FGL).
- Born or adopted on or after December 19, 2023, if their Canadian parent meets the “substantial connection” test. (Priority consideration will be given to applicants in this category.)
- Born before April 1, 1949, and impacted by the FGL.
- Lost citizenship due to unmet retention requirements under the former Section 8 of the Citizenship Act.
The announcement was made by Immigration Minister Marc Miller on March 13, 2025, following delays in passing Bill C-71, which aims to amend the Citizenship Act.
Background on the First-Generation Limit (FGL)
Introduced in 2009, the FGL prevents Canadian citizens by descent from passing citizenship to their children born abroad. The Ontario Superior Court of Justice ruled this unconstitutional in December 2023, stating it created a second class of citizens and violated Charter rights.
In response, the government proposed Bill C-71, allowing Canadians by descent to pass on citizenship if they had lived in Canada for at least three years (1,095 days) before their child’s birth or adoption. However, due to Parliament’s prorogation until March 24, 2025, the bill is unlikely to meet the March 19, 2025 court deadline.
Next Steps
The government has requested a 12-month extension to amend the Citizenship Act. If no extension is granted, the Court may strike down or modify the FGL portion of the law.
This is a developing story. More updates will follow.
