Temporary measures to allow foreign nationals to become Canadian citizens faster

The First-Generation Limit (FGL) Act is the current Canadian law governing citizenship by descent. Under this law, only the first generation born outside Canada of a Canadian citizen is automatically granted Canadian citizenship.

Example:

• John, a Canadian citizen born in Canada, has a son named David who was born in Germany. => David will automatically become a Canadian citizen.
• As David grows up, he marries a German citizen and has a daughter named Emma, also born in Germany. => Emma is not considered a Canadian citizen because citizenship by descent only applies to the first generation (David) and not the second generation (Emma).

Upcoming Changes: Bill C-71

Bill C-71 has been proposed to amend the FGL Act by extending citizenship by descent to the second generation,  provided that the child’s parents (the first generation) have lived in Canada for at least 1,095 days (equivalent to 3 years) before the child’s birth or adoption.

Example:

If the law is changed, Emma would be able to receive Canadian citizenship from David, provided that David lived in Canada for at least 1,095 days (equivalent to 3 years) before Emma was born or adopted.

 

1. What are the new IRCC temporary measures?

The temporary measure will apply in one of two situations:

– Situation 1: The applicant has submitted an application for a certificate of citizenship under the FGL change rules and has requested urgent processing under the urgent processing criteria; or

– Situation 2: The applicant has evidence that an application is in progress and IRCC has determined that the application is affected by the FGL rules. The previous application was deprioritized until the new regulations came into effect, but the applicant then requested urgent processing.

2. Who is eligible for urgent processing?

IRCC allows 3 groups of applicants who need to prove that they need urgent processing for one of the following three reasons:

 

– The applicant needs to access benefits, including but not limited to pensions, health care, or a Social Insurance Number (SIN)

– The applicant needs to prove they are a Canadian citizen to apply for a job

– The applicant needs to travel to or leave Canada due to the death or serious illness of a family member

3. Requirements for urgent processing of a certificate of citizenship:

– Explanation letter: Clearly state the reason for needing urgent processing of the Certificate of Citizenship.

– Supporting documentation: Provide evidence to verify the reason stated in the explanation letter. 

Ex: airplane tickets or itinerary (with billing statement), letters from the applicant’s employer or school, doctor’s papers, or death certificate.

4. Alternative citizenship documents

– If a Canadian citizen loses (or has their) Certificate of Citizenship, they can apply for a new Certificate from IRCC.

– People who do not want (or cannot) apply for a new Certificate can also use other documents to prove their Canadian citizenship.

 

5. Valid citizenship documents:

In addition to the Certificate of Citizenship, IRCC identifies the following documents as valid to prove Canadian citizenship:

– Citizenship card

– Some Canadian birth certificates

– Certificate of Naturalization (if issued before January 1, 1947)

– Certificate of Registration of Birth Abroad and Certificate of Retention (if in both cases, the Certificate was issued between January 1, 1947 and February 14, 1977)

6. Invalid citizenship documents:

– Citizenship record letter: If you apply for a citizenship record search, the record letter you receive is not valid proof of Canadian citizenship.

– Certificate of Commemoration: This comes with your citizenship card and is not valid proof of Canadian citizenship (although it does state the date you became a Canadian citizen).

– Some Canadian birth certificates are not accepted if:

+ Your parents worked for a foreign government or international organization and held diplomatic privileges and immunities

+ AND your parents are not Canadian citizens or Canadian permanent residents

 

Note:

– IRCC also does not accept DND 419 birth certificates

– IRCC warns applicants not to submit duplicate applications for urgent processing. 

Ex: IRCC says that people who have submitted a paper application for urgent processing and then submit an online application for the same request will not have the online application processed.