News and developments
Interim Measure for Proof of Citizenship Applications: Navigating the First-Generation Limit
Refugees and Citizenship Canada (IRCC) introduced an interim measure to address certain proof of citizenship applications that may be impacted by the current FGL rule.
The FGL generally limits citizenship by descent to persons who are born to a Canadian parent abroad in the first generation. In other words, Canadian citizens born outside Canada cannot pass on citizenship to their children born abroad. On May 23, 2024, the Canadian Government introduced Bill C-71, An Act to amend the Citizenship Act, to remove the FGL and allow Canadian citizens to pass on their citizenship to their children, regardless of their place of birth. However, until the new law takes effect, the current FGL rules remain in force. For details of the new bill, please read our published article “Canada Introduces New Bill to Restore Citizenship By Descent”.
Details of the Interim Measure
The interim measure provides the procedures and guidance on processing certain proof of citizenship applications pending the legislative changes take effect. There are two scenarios under the interim measures: -
Author: Pauline Fong
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- Scenario 1: The applicant submits a proof application that would be subject to FGL and requests urgent processing based on the urgent processing criteria.
- Scenario 2: The applicant currently has a proof application in process and IRCC has identified the application as being impacted by the FGL. The application was de-prioritized until the new rules take effect, and the applicant has since requested urgent processing.
Author: Pauline Fong