First Generation Limit appears to be over soon
Posted on 16/06/2024
On April 17, 2009 Canada’s First Generation Limit (FGL) came into effect. It means (or meant) that if you are a Canadian citizen by descent – you were born abroad to a Canadian parent(s) – then as of April 17, 2009 any of your children born abroad on or after that date are not eligible for citizenship by descent and must instead apply for permanent resident status and then for citizenship – like any other foreign national.
In other words, only the first generation born abroad qualifies for citizenship by descent as of April 17, 2009.
On December 19, 2023, the Ontario Superior Court of Justice ruled that FGL is unconstitutional.
On January 22, 2024, Minister of Immigration, Refugees and Citizenship, Marc Miller issued a statement saying the Canadian government would NOT appeal the Ontario Superior Court’s ruling.
So what’s next?
As of the writing of this blog – June 2024 – IRCC policy is – for the present time – apparently focused narrowly on proof of citizenship applications that require urgent processing. Remember, these proof of citizen applications are in essence the formal way of finding out if you’re a citizen. If you submit a proof of citizenship application because of the Ontario Superior Court’s ruling last December:
- If you are requesting urgent processing and you meet the urgent processing criteria – Loss of a job without citizenship; Job applicants that require citizenship; Attending a school that requires you be a Canadian citizen; Getting social benefits like pensions, healthcare, or a social insurance number; Needing a passport for urgent travel; etc. – then the following will happen:
- You will be informed that the First Generation Limit is still in place until new rules are released.
- You will also be informed of the option of getting a discretionary grant of citizenship as outlined in section C(4) of the Citizenship Act.
- The Case Management Branch (CMB) will request additional documentation and also a $100 processing fee if you choose to apply for a discretional grant of citizenship.
- The Minister of Immigration, Refugees and Citizenship or a delegated deputy will assess your application and either approve or not approve your application for proof of citizenship.
- If you are not eligible for urgent processing, your application will remain in regular processing.
Here’s how to apply for urgent processing of your proof of citizenship application:
- When applying from within Canada or the US you should:
- Write Urgent – Proof of Citizenship in dark letters on the envelope
- Provide a cover letter explaining why you require urgent processing – it should clearly explain the reasons for the urgency request and the reasons should be as listed above or of a similar nature
- Provide documents to support your request for urgent processing. This is key – without supporting documentation you won’t be accepted for urgent processing.
- When applying from outside Canada or the US you should:
- Tell the embassy, consulate, or high commission of Canada that you need urgent processing when submitting your application for proof of citizenship.
- Write Urgent – Proof of Citizenship in dark letters on the envelope
- Provide a cover letter explaining why you require urgent processing – it should clearly explain the reasons for the urgency request and the reasons should be as listed above or of a similar nature
- Provide documents to support your request for urgent processing. This is key – without supporting documentation you won’t be accepted for urgent processing.
- If you’ve already applied for proof of citizenship and are now requesting urgent processing from within Canada only, you should:
- Contact the IRCC through the Client Support Centre. Keep in mind that the phone number of the Client Support Centre is automated and you will not be able to speak to a live operator but only receive information.
- If you’ve already applied for proof of citizenship and are now requesting urgent processing from within Canada or the US, you should:
- Use the IRCC webform to request urgent processing
- Send a letter to the Case Processing Centre – Sydney’s mailing address:
Proof of Citizenship
CPP – Sydney
P.O. Box 10000
Sydney, NS, B1P 7C1
- Remember to include supporting documentation as well as your full name, address, and date of birth.
So, if I am not eligible for urgent processing what do I do?
As you might have guessed, it seems that IRCC is perhaps holding up applications that do not require urgent processing until they’ve worked out the new rules. So, if you are not eligible for urgent processing do not give up hope. Citizenship is a lifetime goal and we all should have a clearer picture of the new rules for citizenship by descent in a few months time. You’ll have to be patient for a short while.
When will the new rules be released?
It is clear that IRCC is working overtime to establish a process for applicants that are newly eligible for citizenship by descent. Exactly what the new rules will be – especially what documentation you would have to provide – is hard to predict. Needless to say, as soon as the government releases the new rules, be sure to check back here to get all the details.
Posted in News Tips and tagged Proof of citizenship
