The Canadian government has delayed changes to citizenship laws that would have helped some individuals acquire Canadian citizenship. This delay comes as a result of Parliament being prorogued until March 24, 2025, preventing the necessary amendments to the Citizenship Act before the March 19th deadline.
This setback means that individuals who may be eligible for Canadian citizenship but have been unable to obtain it due to existing legal restrictions, often referred to as “lost Canadians,” will have to continue waiting for the promised legislative reforms.
Citizen Law Changes Explained
The Canadian court system has declared a key part of the country’s citizenship law unconstitutional. This law, known as the “second-generation cut-off,” prevents Canadian citizens born abroad from passing their citizenship to their own children born abroad.
The Court Ruling
In late 2023, the Ontario Superior Court ruled this cut-off provision illegal. They gave the federal government six months to fix the law, a deadline that was extended several times.
The Government’s Response
The government introduced a bill (Bill C-71) that would have allowed for citizenship to be passed down to the second generation under certain conditions, such as the parent living in Canada for a significant period.
The Current Situation
- The recent proroguing of Parliament has effectively killed Bill C-71.
- The government will now miss the court-imposed deadline to fix the citizenship law.
- This leaves many individuals and families in uncertainty regarding their citizenship status.
What Happens If the Deadline Is Missed?
The court has two options if the government misses the deadline:
Extend the Deadline
The court could grant the government more time to make the necessary changes to the citizenship law. If the deadline is extended, the current law, with its restrictions on passing citizenship to grandchildren born abroad, would remain in place. This would continue until the government either makes the required changes to the law or misses the extended deadline.
If the Deadline Is Not Extended
The court could declare the “second-generation cut-off” provisions of the Citizenship Act invalid. This would mean these specific rules would no longer be enforceable.
What Can “Lost Canadians” Do Now?
The Canadian government has introduced temporary measures to help some individuals affected by the citizenship law restrictions.
Who May Be Eligible
- Individuals who have applied for Canadian citizenship but face delays due to the “second-generation cut-off” provisions.
- Individuals whose citizenship applications were previously on hold due to the uncertainty surrounding the law.
How to Apply
- Affected individuals can request that their citizenship application be processed urgently.
Reasons for Urgent Processing
- Access to essential services: Individuals may request urgent processing if they need citizenship to access healthcare, obtain a Social Insurance Number, or receive a pension.
- Employment: Individuals may request urgent processing if they need proof of citizenship for employment purposes.
- Family emergencies: Individuals may request urgent processing if they need to travel due to illness or the death of a family member.
Note: These are temporary measures. The long-term solution requires the government to amend the citizenship law as directed by the court.
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VisaPlace Immigration News Contributor
Ella Bergquist
Hello! I am one of VisaPlace's many immigration news contributors. Comment below if you have any questions or comments about this article.
