Revisions to Canada’s Citizenship Laws Delayed

Canadian hopefuls are facing a pause in the much-awaited reform of the citizenship laws. A recent statement marks a push back of the first-generation limit (FGL) amendments till at least August. The existing FGL regulation states that Canadian-born overseas citizens who have children abroad don’t pass on citizenship automatically.

The Ontario Supreme Court earlier mandated the federal administration to revamp the FGL clause within the Canadian Citizenship Act, branding it as discriminatory by fostering ‘a lesser class of citizenship.’ With a June 19th, 2024 deadline set by the court for a remedy, the solution is yet to come forth.

However, the government has now been granted leeway by the court to proffer a resolution until August 9th, 2024. This fresh timeframe does come with an ultimatum for a preliminary hearing on August 1st, 2024, to contemplate further deferment until December 2024. The presiding Judge requires a report demonstrating steps towards actualizing Bill C-71 post the initial ruling in May. Bill C-71, once enacted, will dissolve the Fawlty FGL provision instituted in 2009, awarding citizenship to eligible foreign-born individuals with a Canadian parent accumulating significant presence in Canada.

The interim period hasn’t been static, though. Amendments are already afoot, with IRCC enacting temporary measures since May 30th. These provisions allow certain conditions under which urgently processed citizenship applications can result in a “discretionary grant of citizenship” from the Immigration Minister, thereby bestowing Canadian nationality.

Being a Canadian citizen has several benefits such as uninhibited access to reside, work, and settle in Canada, coupled with the right to vote, run for office, and hold a Canadian passport – highly regarded globally. While conversion from permanent resident to citizen is desired, it’s not obligatory, with a segment of residents choosing to retain their PR status.

The move to amend Canada’s first-generation limit continues to be a work in progress with an expansion to the deadline. Amendments are underway, with the government taking strides to ensure eligible individuals are not unduly disadvantaged by the delay. For more detailed assistance on these topics, individuals seeking Canadian immigration aid are encouraged to reach out to legal experts for a more personalized consultation. For more information email us at hello@bisonimmigration.com.