Historically, Canadian citizenship passed to children born abroad was limited to the first generation. This meant that if a Canadian born abroad had a child overseas, that child could not automatically claim Canadian citizenship through their parents.
This rule, known as the first-generation limit (FGL), may be adjusted to include a second-generation cut-off if Bill C-71 gains Royal Assent. If this amendment to Canada’s Citizenship Act is passed, more foreign nationals in this situation will be eligible for Canadian citizenship. Immigration, Refugees and Citizenship Canada (IRCC) is expected to announce permanent changes to the FGL rule by June 19, 2024, as mandated by the Ontario Supreme Court.
In preparation for these changes, IRCC has introduced interim measures allowing some eligible foreign nationals to gain citizenship. Click here to learn more about who the FGL rule applies to.
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IRCC’s New Interim Measures
IRCC’s new measure applies to those who have applied for proof of citizenship under urgent processing and may be affected by the FGL by descent. It specifically applies in the following scenarios:
Scenario One: The applicant has submitted a proof of citizenship application subject to the FGL rule change and has requested urgent processing under urgent processing criteria.
Scenario Two: The applicant has a proof of citizenship application in process, and IRCC has identified it as impacted by the FGL rule. The application had been de-prioritized until new rules come into effect, but the applicant has since requested urgent processing.
In both scenarios, IRCC will review the request and verify the applicant’s eligibility for urgent processing.
Eligible applicants will receive a notice from IRCC indicating the FGL rule is still enforced and will be given the option to request a “discretionary grant of citizenship” with relevant application instructions.
If an applicant applies for this grant, their application will be processed by the Immigration Minister or a delegated decision maker. If the application meets the necessary criteria, applicants can be granted citizenship.
Note: The Immigration Minister has the authority to grant citizenship in special or exceptional cases.
Eligibility for Urgent Processing
IRCC allows three groups of citizenship certificate applicants to apply for urgent processing.
To be eligible, applicants must prove the need for urgent processing for one of the following reasons:
- The applicant needs to access benefits, such as a pension, health care, or their Social Insurance Number (SIN).
- The applicant needs to prove they are a Canadian citizen to get a job.
- The applicant needs to travel to or from Canada due to a death or serious illness in their family.
Note: IRCC cannot guarantee timely receipt of the citizenship certificate, even if the applicant qualifies for urgent processing.
Required Documents for Urgent Processing
Applicants should include the following documents in their application to help IRCC verify eligibility for urgent processing:
- An explanation letter
- Supporting documents, such as a plane ticket or itinerary (with proof of payment), a letter from the applicant’s employer or school, a doctor’s note, or a death certificate.
Applying for Urgent Citizenship Certificate Processing
Eligible applicants can apply online or on paper for urgent citizenship certificate processing. IRCC advises against submitting duplicate applications. For example, applicants who submit a paper application and then apply online for the same request will not have their online application processed.
Lost Citizenship Certificate: Alternative Proof of Status
If a Canadian citizen loses their citizenship certificate or it is stolen, they can apply for a new one from IRCC. Alternatively, they can use the following valid documents to prove Canadian citizenship:
- Citizenship cards
- Some Canadian birth certificates (with exceptions noted on the Government of Canada website)
- Naturalization certificates (issued before January 1, 1947)
- Registration of birth abroad certificates and certificates of retention (issued between January 1, 1947 and February 14, 1977)
Invalid Proof of Citizenship Documents
The following documents are not valid for proving Canadian citizenship:
- Citizenship record letters (issued after applying for a search of citizenship records)
- Commemorative certificates
- Some Canadian birth certificates (see the Government of Canada website for restrictions)
- Department of National Defence (DND) 419 birth certificates
To learn more about IRCC’s interim measures, click here.
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