In the past, only the first generation of Canadian citizens could confer citizenship on their offspring who were born outside of the country. This implies that a kid born outside of Canada would not be entitled to citizenship through their parents if a Canadian citizen, themselves born outside of Canada, had a child born outside of Canada.
Should Bill C-71 receive Royal Assent, the Canadian government may decide to modify this regulation, commonly referred to as the first-generation limit (FGL), to incorporate a second-generation cut-off. This implies that more foreign individuals who meet the aforementioned requirements will become eligible for Canadian citizenship in the future (if changes to the Citizenship Act are adopted and implemented). On June 19, 2024, the date set by the Ontario Supreme Court for the federal government to respond, Immigration, Refugees and Citizenship Canada (IRCC) is anticipated to make a statement about long-term modifications to the FGL rule.
The IRCC has already proposed new temporary arrangements that will enable certain qualified foreign persons to become citizens in advance of these upcoming reforms. To find out more about who is covered by the FGL rule.
What additional interim steps has the IRCC taken?
The FGL by descent may have an impact on individuals who have applied for proof of citizenship under urgent processing, as per the IRCC’s new approach. It will specifically be applicable in any of the following situations:
- Scenario One: The applicant has filed an application for proof of citizenship that would be impacted by the change in the FGL regulation and has asked for expedited processing in compliance with the requirements for expedited processing; or
- Scenario Two: The IRCC has determined that the application is affected by the FGL rule, and the applicant is now working on a proof of application. Prior to the new regulations taking effect, the application was not given priority; nonetheless, the applicant has now asked for expedited processing.
In each of these cases, the IRCC will confirm that an applicant is eligible for expedited processing and will reply to the request, reviewing it as well.
The IRCC will notify an applicant who meets the eligibility requirements that the FGL regulation is still in effect at this time. Additionally, qualified applicants will have the opportunity to request a “discretionary grant of citizenship”* from the government, along with pertinent details on how to submit an application for this grant.
Should a candidate decide to apply for this award, the Immigration Minister or a designated decision-maker will handle their application. Citizenship may be awarded to candidates whose applications meet the required requirements.
*Under Canadian law, the Immigration Minister may, in extraordinary or unique circumstances, award citizenship to persons.
For whom is expedited processing appropriate?
Three categories of applicants for citizenship certificates—a vital record of one’s Canadian citizenship—may submit an application to the IRCC for expedited processing.
- Applicants must demonstrate that they require expedited processing of a citizenship certificate for one of the following three reasons in order to be eligible for such processing:
- The applicant must be eligible for benefits, such as health insurance, pensions, and Social Security numbers (SINs).To get hired, a candidate must demonstrate that they are a citizen of Canada.
- The candidate’s family member passed away or has a serious illness, thus they must travel to or from Canada.
Note: Even if an applicant is eligible for expedited processing, the IRCC makes it clear that the department cannot promise they will receive their citizenship certificate on schedule.
What must I include in my request for urgent citizenship certificate processing?
Including the following documents in their application will help IRCC verify that an applicant is eligible for urgent processing according to one of the three conditions above.
- An explanation letter
- Support documents*
*Examples of supporting documents include a plane ticket or itinerary (with proof of payment), a letter from the applicant’s employer or school, a doctor’s note or a death certificate
Applying for urgent citizenship certificate processing
Those who meet the requirements for expedited processing of their citizenship certificate may apply in person or online.
Nonetheless, the IRCC advises applicants against filing duplicate applications for expedited processing. For instance, the IRCC states that applicants will not have their online application processed by the department if they submit a paper application for urgent processing and subsequently apply online for the same request.
What additional documents may I use as proof of status if my citizenship certificate is missing?
A Canadian citizen can apply to the IRCC for a replacement citizenship certificate if they misplace their original one or it is stolen.
Individuals who are unable or unwilling to reapply for the certificate may demonstrate their Canadian citizenship with a few more papers.
Valid proof of citizenship documents
The IRCC has determined that the following papers, in addition to citizenship certificates, are acceptable evidence of Canadian citizenship:
- Cards of citizenship
- Certain Canadian birth certificates (exceptions listed on this page of the Government of Canada)
- Naturalization certificates (if the certificate was issued before January 1, 1947)
- Registration of birth abroad certificates and certificates of retention (if, in either case, the certificate was issued between January 1, 1947 and February 14, 1977)
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Invalid proof of citizenship documents
On the other hand, the department notes that the following three document types are invalid for proving Canadian citizenship:
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Citizenship record letters (for those who apply for a search of citizenship records)
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Commemorative certificates (the commemorative keepsake that was given to citizenship applicants alongside their citizenship card.
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Some Canadian birth certificates (see this Government of Canada webpage for restrictions)
- Registration of birth abroad certificates and certificates of retention (if, in either case, the certificate was issued between January 1, 1947 and February 14, 1977)
Invalid proof of citizenship documents
On the other hand, the department notes that the following three document types are invalid for proving Canadian citizenship:
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Naturalization certificates (if the certificate was issued before January 1, 1947)
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Registration of birth abroad certificates and certificates of retention (if, in either case, the certificate was issued between January 1, 1947 and February 14, 1977)Citizenship record letters (for those who apply for a search of citizenship records)
Invalid proof of citizenship documents
On the other hand, the department notes that the following three document types are invalid for proving Canadian citizenship:
- Citizenship record letters (for those who apply for a search of citizenship records)
- Commemorative certificates (the commemorative keepsake that was given to citizenship applicants alongside their citizenship card)
- Some Canadian birth certificates (see this Government of Canada webpage for restrictions)
Note: IRCC also notes that Department of National Defence (DND) 419 birth certificates are not valid documents for proof of citizenship.