published on 18 March 2025 @ 10:37 am · COMMENT

New Interim Citizenship Eligibility Measures for “Lost Canadians” Announced on March 13, 2025

On March 13, 2025, Immigration Minister Marc Miller announced new policy measures to assist “Lost Canadians”—individuals born abroad to foreign-born Canadian parents—who have been adversely affected by restrictions in the Citizenship Act.  These measures apply to individuals affected by the “first-generation limit,” a provision that prevents first-generation Canadians born outside Canada from automatically passing their citizenship to their children born abroad.

A landmark ruling on December 19, 2023, in Bjorkquist et al. v. Attorney General of Canada by the Ontario Superior Court of Justice declared the “second-generation cut-off” under section 3(3)(a) of the Citizenship Act unconstitutional. While the Court found this provision to be invalid, it suspended the declaration of invalidity to provide the federal government with time to implement legislative reforms.

In response, the government introduced Bill C-71 in May 2024 to address the issues raised in the Bjorkquist decision while maintaining the integrity of Canadian citizenship. However, due to legislative delays, the Court has granted three extensions since its initial ruling, with the most recent deadline set to expire on March 19, 2025.

On March 13, 2025, Judge Akbarali issued a decision temporarily extending this deadline until April 25, 2025, allowing the government additional time to outline interim policy measures and continue advancing legislative amendments. That same day, Minister Miller announced interim policy measures to provide relief to individuals affected by the “first-generation limit.” Under these measures, discretionary grants of citizenship under section 5(4) of the Citizenship Act will be considered for specific affected groups. While these interim policies demonstrate the government’s commitment to addressing the challenges faced by “Lost Canadians,” they remain discretionary, meaning that approval is not guaranteed for all applicants.

The specific criteria that immigration officers will use to assess applications have not yet been fully defined. However, it is expected that factors previously considered in urgent processing requests for “Lost Canadians” will be taken into account. Individuals impacted by the “first-generation limit” may be eligible for expedited citizenship processing if they require a citizenship certificate.

filed under: IMMIGRATIONPERMANENT RESIDENCE