On March 13, 2025, Marc Miller, the Minister of Immigration, Refugees, and Citizenship, announced temporary measures to grant citizenship to “lost Canadians.” Additionally, Miller stated that the government would seek a 12-month extension to preserve the current “first-generation limit” on Canadian citizenship by descent.
This move comes in response to delays in passing Bill C-71, a proposed law designed to overhaul how Canadian citizenship is passed down to children born abroad.
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Here’s everything you need to know about these developments, including what they mean for Canadian families, the interim measures in place, and why this matters globally.
What Is the First-Generation Limit?
The “first-generation limit” is a provision in Canada’s Citizenship Act that limits who can inherit citizenship from their parents.
Under the existing law, if a Canadian citizen is born outside of Canada, their child—also born abroad—won’t automatically acquire Canadian citizenship. This restriction applies only beyond the first generation. Children born abroad to Canadian citizens (whether born in Canada or naturalized) can inherit citizenship. However, if both the parent and the child are born outside of Canada, citizenship cannot be passed down.
For example, if Sarah, a Canadian citizen born in Toronto, moves to London and has a son named James, James will automatically become a Canadian citizen. However, if James has a daughter named Lily in London, she won’t inherit Canadian citizenship because James wasn’t born in Canada.
This rule, introduced in 2009, was designed to limit the inheritance of citizenship by descent beyond the first generation.
Why Is This Rule Under Scrutiny?
On December 19, 2023, the Ontario Superior Court of Justice ruled that the first-generation limit is unconstitutional, stating that it unfairly discriminates against Canadians born abroad and creates a “second-class” citizenship status.
Families have faced significant challenges because of this rule. For instance, a Canadian engineer working in Dubai might hesitate to start a family there, knowing their child wouldn’t have Canadian citizenship.
The government acknowledged the policy’s flaws rather than contesting the ruling. Minister Marc Miller said in his statement on March 13, 2025, that “this law has had unacceptable consequences for Canadians whose children were born outside the country.”
In May 2024, the Liberal government introduced Bill C-71 to address the issue, proposing reforms to extend citizenship beyond the first generation while keeping the process fair.
Bill C-71: A Potential Game-Changer Stuck in Limbo
Bill C-71, officially titled An Act to Amend the Citizenship Act (2024), aims to rewrite the rules governing Canadian citizenship by descent.
If passed, Bill C-71 would:
- Remove the First-Generation Limit: Canadians born abroad would be able to pass citizenship to their children, no matter where the children are born, provided the parent has lived in Canada for at least three years before the child’s birth or adoption.
- Help “Lost Canadians” Retroactively: It would allow individuals who lost citizenship or never acquired it due to previous laws (like the old Section 8 retention rules) to reclaim it.
- Create a Fairer System: The bill seeks to balance inclusivity with the value of Canadian citizenship, ensuring there’s a genuine connection to Canada.
For example, if David, a Canadian born in Vancouver, moves to New York and has a daughter named Emma, Emma would automatically become a Canadian citizen. Under Bill C-71, if Emma later has a son named Noah in New York, Noah would also be eligible for Canadian citizenship, provided Emma spends three years living in Canada.
However, Bill C-71 hasn’t passed yet. With Parliament currently prorogued until March 24, 2025, no legislation can advance until then. The court’s deadline to address the issue is March 19, 2025, just days before Parliament reopens. Without an extension, the first-generation limit could be completely invalidated, leading to legal complications.
Why Canada Seeks a 12-Month Extension
The government is requesting a 12-month delay to allow Parliament time to reintroduce and pass Bill C-71. The original court ruling was temporarily suspended until June 19, 2024, and later extended to March 19, 2025, due to slow progress on the legislation.
With Parliament temporarily on hold following Prime Minister Justin Trudeau’s resignation as Liberal leader in January 2025, the government now seeks until March 19, 2026, to finalize the law.
Passing a law is a lengthy process involving debates, committee reviews, votes in both the House of Commons and Senate, and Royal Assent. With Parliament’s prorogation, all pending bills, including Bill C-71, were wiped out. Reintroducing and passing the bill will take time, and the government wants to avoid rushing the process.
Interim Measures: Relief for Families
While waiting for the legislation to move forward, Minister Miller has introduced temporary relief under subsection 5(4) of the Citizenship Act. This allows for discretionary grants of citizenship to certain groups.
Here’s who qualifies under the interim measures:
- Pre-2023 Cases: Individuals born or adopted before December 19, 2023, and blocked by the first-generation limit.
- Post-2023 Cases: Children born or adopted on or after December 19, 2023, where the Canadian parent lived in Canada for 1,095 days before the child’s birth.
- Pre-1949 Exceptions: Individuals born before April 1, 1949, who are still affected by the limit.
- Former Section 8 Victims: People who lost citizenship at age 28 under the old retention rules.
For example, if Maria, a Canadian born in Montreal, moves to Sydney, Australia, and has a son named Liam in 2020, Liam wouldn’t have been eligible for Canadian citizenship because Maria was born abroad. Under the interim measures, Liam can now apply for a discretionary grant.
Applications will be processed by the IRCC, which may require proof like travel records or residency documents. In urgent cases, the process may be expedited.
Real-Life Impact: Personal Stories Behind the Policy
These changes have significant personal implications. Take Ahmed, a Canadian software developer born in Ottawa. He works in Silicon Valley, where his daughter Aisha was born in 2022. Aisha inherited Canadian citizenship, but if she has children abroad, they would not automatically be Canadian citizens without Bill C-71.
Or consider Priya, born in India to Canadian parents. While she grew up with a Canadian passport, her son, born in 2024 in Mumbai, is not eligible for citizenship. Priya is now trying to log 1,095 days in Canada to meet the potential requirements of Bill C-71.
These stories highlight why the stakes are high for families impacted by these rules.
Why Canadian Citizenship Matters Globally
Canadian citizenship isn’t just about status—it’s a symbol of opportunity. Ranked seventh on the Henley Passport Index, a Canadian passport grants visa-free access to 188 countries. It is seen as a symbol of stability, opportunity, and inclusion, attracting millions to Canada every year.
The first-generation limit undermines this image, critics argue, by penalizing Canadians who work or study abroad, such as diplomats, academics, or tech workers, by denying their children the same rights.
The Ontario court agreed, stating that the law breaches equality under the Canadian Charter of Rights and Freedoms.
What Happens If the Extension Request Is Denied?
If the court denies the 12-month extension, the first-generation limit could be struck down completely on March 19, 2025. This could result in second-generation Canadians being able to claim citizenship immediately, bypassing the 1,095-day rule and interim measures.
Alternatively, the court could grant the extension but call for quicker action from Parliament. Either way, the future of the law is uncertain, and families are closely watching.
The Bigger Picture: Fairness vs. Control
The debate over the first-generation limit isn’t new. Introduced in 2009, it aimed to prevent “citizenship tourism,” but it has ended up affecting legitimate expats the hardest. Bill C-71 attempts to address this by extending citizenship to more people while tying it to a “substantial connection” to Canada, like time spent living in the country.
Critics argue that the 1,095-day rule is arbitrary—why not two years or five years? Supporters say it’s about ensuring a real connection to Canada.
Ultimately, for families split by borders, it often feels like a punishment for living globally.
How to Stay Informed
The IRCC’s next steps depend on the court’s decision on the extension request. In the meantime, affected families can:
- Check Eligibility: Visit Canada.ca for details on interim measures.
- Gather Proof: Collect relevant documents, such as residency records or citizenship applications.
The situation is evolving quickly, and while the 12-month extension may buy time, it doesn’t guarantee certainty. Will Canada redefine citizenship for a global age, or cling to outdated limits? Stay informed as the debate continues.
This issue isn’t just about policy—it’s a fight for identity in an increasingly interconnected world. Stay updated with INC.
