Canadian Descendants to Gain Citizenship Rights
We previously reported that the Canadian Federal Government is planning to effect Bill C-71 An Act to amend the Citizenship Act (2024) (“Bill C-71”) into law. The proposed amendment arose after Canada’s current first-generation limit (“FGL”) on citizenship was deemed unconstitutional in late 2023 by Ontario Superior Court Justice Akbarali in a landmark case Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152.
Government Seeks Extension on Citizenship Act Amendments
Initially, the Court gave the federal government until 19 June 2024 to effect changes to the Citizenship Act.
However, the government sought an extension to this deadline and it is now expected that the Bill will only be passed in late 2024.
For context, a predecessor to Bill C-71 was the Senate Bill S-245 An Act to amend the Citizenship Act (granting citizenship to certain Canadians) which was introduced to Parliament on 12 May 2022 to grant citizenship to certain Canadians who lost citizenship due to changes to policy. Bill S-245 underwent amendments to include derivative citizenship, and a substantial connection test during the Committee process only completed in June 2023. However, the Conservative Party was accused of stalling the Bill’s progression given the lengthy Committee process. As such, the federal government then introduced Bill C-71 on 23 May 2024.
New Bill Expands Citizenship Rights
Bill C-71 introduced a more robust amendment than Bill S-245, aiming to revise Canadian citizenship laws and establish a new framework for citizenship by descent that would extend citizenship beyond the first generation based on a substantial connection to Canada.
Citizenship for Canadian Descendants Born abroad
At the current reading, Bill C-71 would confer citizenship to all Canadian descendants born abroad before the new law takes effect. Canadian descendants born outside of Canada after the new law comes into force would be subject to a “substantial connection test”, requiring the Canadian parent to demonstrate having spent at least 1,095 days in Canada before their child was born.
However, after its first reading on 23 May 2024, Bill C-71 did not advance to the second reading before the Parliament went into summer recess on 20 June 2024. The Parliament will not reconvene until mid-September, leading to a delay in the necessary legislative changes. As a result, many speculate that and expect the Bill will only be passed in late 2024.
Urgent Processing for Citizenship Applicants
While waiting for Bill C-71 to receive royal assent, Immigration, Refugees, and Citizenship Canada (“IRCC”) has taken interim steps to mitigate potential hardships on current citizenship applications, by allowing urgent processing for exceptional cases.
If an applicant qualifies for urgent processing, IRCC will inform them that the FGL remains in effect and offer them the option to apply for discretionary citizenship under subsection 5(4) of the Citizenship Act which allows for the Immigration Minister’s discretionary ability to grant citizenship. The interim measure is meant to ensure that those who would qualify for citizenship under the new ruling would not pre-emptively be determined ineligible, thereby undermining confidence in the administration of justice.
As expedited processing is not guaranteed and will only be granted in exceptional cases, applicants should provide strong reasons and supporting documents such as a letter detailing the need for urgency and provide supporting documents, such as proof of job applications, plane tickets, admission letter from school, death certificates (if applicable), etc. for their urgent processing request.
Take the next step
For questions about Canadian citizenship by ancestry or to apply for a consultation, contact your local Harvey Law Group (HLG) office. Established in 1992, HLG is a global law firm with offices worldwide, ready to assist with immigration and other legal needs.
