Important Changes to Citizenship by Descent: What You Need to Know
Important Changes to Citizenship by Descent: What You Need to Know
Hey there! If you’re a Canadian citizen born abroad or have children in that situation, you’ll want to pay attention to some important news regarding citizenship by descent.
Recently, Governor General Mary Simon announced that Parliament would be prorogued until March 24, 2025. This means that the federal government won’t be able to make changes to the Citizenship Act by the latest deadline, March 19, 2025.
So what does this mean for the 'lost Canadians'—those who might qualify for Canadian citizenship but haven’t been issued it due to certain rules? Unfortunately, they will have to wait longer than expected for changes that many are hoping will come.
Back in December 2023, the Ontario Superior Court ruled that the second-generation cut-off in the Citizenship Act is unconstitutional. This law currently states that Canadian citizens who got their citizenship by descent can’t pass it on to their children born abroad.
The good news is that there were talks of a new Bill, C-71, which would allow citizenship by descent for the second generation—but it hasn’t become law yet. When Parliament is prorogued, current bills effectively die, leaving us uncertain if and when C-71 will be reintroduced.
What happens if they miss the upcoming deadline? The court may either extend it or strike down the provisions altogether, which would impact many families. In the meantime, if you find yourself in this situation, Immigration, Refugees and Citizenship Canada (IRCC) does have some interim measures that might help.
For example, if you’ve applied for proof of citizenship and it’s affected by this law, you can request urgent processing if you need it for reasons like health care access, job opportunities, or family emergencies.
This is a complex situation, but you don’t have to navigate it alone! Feel free to reach out and schedule a free consultation with the Cohen Immigration Law Firm to get personalized advice.