Thousands of “Lost Canadians”, those denied citizenship due to outdated legal provisions, will have to wait even longer for long-promised reforms. The Canadian government has missed its extended deadline to amend the Citizenship Act, leaving many families in uncertainty.

Why the Delay?

The government was expected to make changes to the second-generation cut-off provision by March 19, 2025. However, with Governor General Mary Simon proroguing Parliament until March 24, 2025, any amendments to the Citizenship Act will have to wait.

This means that Canadian citizens born abroad still cannot pass on their citizenship to their own children born outside Canada, unless legislative changes are made.

Understanding the Second-Generation Cut-Off

The second-generation cut-off rule was introduced in 2009 and restricts citizenship by descent beyond the first generation.

This means: 

•  If a Canadian citizen is born in Canada or becomes a naturalized citizen, they can pass their citizenship to their children, regardless of where they are born. 
• If a Canadian citizen is born outside Canada to Canadian parents (i.e., citizenship by descent), they cannot pass on their citizenship to their own children born outside Canada.

In December 2023, the Ontario Superior Court of Justice ruled this provision unconstitutional and ordered the government to amend the law. 

The government was given six months to comply, but the deadline has been extended three times, the latest being March 19, 2025.

What Happens Next?

Since the government has missed the deadline, there are two possible outcomes:

1. Another Extension: The Ontario Superior Court of Justice may grant the government more time to implement the changes.
2. The Rule Gets Struck Down: If the court refuses an extension, it may strike down or read down the second-generation cut-off provision, effectively making it inoperative.

If the provision is struck down, affected individuals may automatically gain citizenship rights without waiting for Parliament to act.

Interim Solutions for “Lost Canadians”

While legislative changes remain uncertain, Immigration, Refugees and Citizenship Canada (IRCC) has introduced interim measures for those affected.

“Lost Canadians” can apply for a discretionary grant of citizenship if they fall into one of two categories:

1. Pending Citizenship Application – If an applicant has already applied for proof of citizenship and their case is affected by the second-generation cut-off, they can request urgent processing.
2. Delayed Application by IRCC – If an applicant’s case was de-prioritized by IRCC due to expected law changes but is now urgent, they can also request expedited processing.

To qualify for urgent processing, applicants must demonstrate a pressing need, such as:

 ✔ Access to Canadian benefits (e.g., healthcare, pension, Social Insurance Number). 

✔ Employment requirements that need proof of Canadian citizenship. 

✔ Travel for family emergencies, such as illness or death.

What About Bill C-71?

In May 2024, the government introduced Bill C-71, which proposed granting citizenship by descent to second-generation Canadians, provided the parent had spent at least 1,095 days (3 years) in Canada before the child’s birth or adoption.

However, because Parliament is now prorogued, Bill C-71 has died. There is no guarantee it will be reintroduced once Parliament resumes.

What Can You Do?

If you or your family are affected by the second-generation cut-off rule, consider: 

1. Checking IRCC’s interim measures to see if you qualify for urgent processing. 
2. Staying updated on court rulings regarding the provision’s status. 
3. Consulting an immigration expert to explore possible solutions.

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Need Help with Canadian Citizenship?

Navigating Canadian citizenship laws can be complex, especially with ongoing delays and legal uncertainties. Sangam Immigration can provide expert guidance to help you understand your options.

Schedule a free consultation today to secure your Canadian citizenship status!

FAQs

1. What happens if the government never changes the Citizenship Act? 

If the government fails to act, the Ontario Superior Court of Justice may strike down the second-generation cut-off provision, making it inoperative.

2. Can I apply for citizenship now if I am affected by the second-generation rule? 

Yes, but your options are limited. You may qualify for a discretionary grant of citizenship under IRCC’s interim measures.

3. Will Bill C-71 be reintroduced? 

There is no certainty. Since Parliament was prorogued, all pending bills have been scrapped, and the government will need to restart the process if it wants to pass a new law.

4. How long will it take to resolve this issue? 

With the next Parliament session resuming in March 2025, any legislative action may take several months to years to finalize.