Canada won’t appeal ruling on citizenship descent limit

Following a decision by the Ontario Court of Appeal in December 2023 in a constitutional challenge to the automatic citizenship denial rules for second-generation Canadians under the Citizenship Act, Immigration, Refugees and Citizenship Canada Minister Marc Miller announced important news about Canadian citizenship for children born abroad on January 22.

Accordingly, the Canadian government will not appeal the Ontario Court of Appeal decision that limited citizenship to only the first generation of Canadians born abroad. The current law has had serious consequences for citizens with children born abroad.

=> For example, if you are a Canadian citizen, you can have your child born outside of Canada and they will still be granted citizenship, but your child’s child born outside of Canada will not be granted citizenship.

The government is currently considering the impact of the current law and will announce the next steps to implement this decision.

Canadian citizenship is so valuable around the world. If you are eligible for any of the immigration programs, plan early and start the process!

If you are having any document issues or need any advice, don’t hesitate to contact SICON.