CITIZENSHIP BY DESCENT & THE FIRST-GENERATION LIMIT (FGL) 2026

📅 The temporary measure related to the First-Generation Limit (FGL) expired on December 15, 2025.
However, IRCC has confirmed that applications submitted before this expiry date will still be assessed under the new legislation (Bill C-3).

🔍 SUMMARY OF THE ISSUE:
Since 2009, Canada has restricted citizenship by descent to the first generation born abroad. This means that if you were born outside Canada and your Canadian parent was also born outside Canada (or obtained citizenship via adoption), you are not automatically a Canadian citizen — this is the FGL restriction.

In December 2023, the Ontario Superior Court ruled certain aspects of this law unconstitutional, but enforcement was suspended. While waiting for the new law to officially take effect, IRCC introduced temporary flexibility.

🧾 WHO IS AFFECTED?

• Individuals born or adopted outside Canada beyond the first generation

• Individuals who lost Canadian citizenship under older provisions (e.g., former section 8)

• Individuals unable to prove a parent’s citizenship due to FGL limitations or deceased parents

🛤️ IRCC’S CURRENT APPROACH:

1. Discretionary Grant under Subsection 5(4)
   Applicants ineligible under FGL may be invited to apply for citizenship on discretionary humanitarian grounds.
   ✅ If born before December 19, 2023: can apply under 5(4)
   ✅ If born after December 19, 2023: must apply under 5(4) and prove that the Canadian parent had a “substantial connection” to Canada — meaning at least 1,095 days of physical presence before the child’s birth

2. Urgent Processing Available
   For cases involving urgent travel, medical needs, employment, education, or similar time-sensitive circumstances

📝 IMPORTANT FOR APPLICANTS:

• If IRCC contacts you with an invitation to apply under subsection 5(4), respond promptly and provide all required documents.
  Failure to respond will result in your case being assessed under the current law, with high risk of refusal.

• Applicants able to demonstrate a parent’s substantial connection to Canada will receive priority processing.

📌 BOTTOM LINE:
If you or your child are not eligible for Canadian citizenship by descent due to FGL restrictions, there is still a path forward — but timing and documentation are critical. The window to act is narrow.

📞 SICON can assist with:

• Evaluating citizenship cases affected by FGL

• Preparing discretionary grant applications under 5(4)

• Proving substantial connection to Canada for affected parents

• Requesting urgent processing in special circumstances

📍 SICON Immigration & Citizenship Consulting
🎯 Canadian Citizenship & Immigration Strategy
📬 Message us now for expert guidance!