Ottawa | April 4, 2025 — In a stunning development that could change the fate of thousands of families, the Canadian government has launched an interim emergency measure to fix the fallout from the controversial “First-Generation Limit” (FGL) rule in the Citizenship Act.
Under this outdated rule, children born abroad to Canadian citizens could be denied Canadian citizenship if their Canadian parent was also born outside Canada. That ends now—at least temporarily.
What’s the Problem?
The First-Generation Limit (FGL), introduced in 2009, means only the first generation born abroad to Canadian parents can automatically get citizenship. This rule has blocked second-generation children, adopted children, and even some with Canadian heritage from becoming citizens.
A December 2023 Ontario court ruling found parts of the law unconstitutional—but changes to the law haven’t officially taken effect yet.
To address this legal and humanitarian gap, IRCC has launched a stopgap solution to help applicants caught in legal limbo.
Who Does This Help?
This interim fix helps:
✅ Children born abroad to Canadian parents
✅ Adopted children affected by FGL
✅ Individuals whose parents are now deceased
✅ Families applying urgently due to travel or legal needs
✅ People who missed out on automatic citizenship due to outdated rules
New Pathway: Discretionary Citizenship Under Section 5(4)
IRCC is now offering eligible applicants a chance to apply under subsection 5(4) — a special provision that lets the Minister grant citizenship in exceptional cases.
Applicants will receive a letter from IRCC offering this option, and in some cases, priority processing if they can show that the Canadian parent has a “substantial connection” to Canada (defined as at least 1,095 days physically present in Canada before the child’s birth/adoption).
Here’s What’s Changing Right Now:
- Applicants born or adopted before Dec 19, 2023
→ Offered a pathway via discretionary grant (5(4)) - Applicants born or adopted on or after Dec 19, 2023
→ Must show their Canadian parent has a strong connection to Canada to qualify for priority processing - Urgent cases
→ Will be triaged and processed faster where criteria are met
What You Need to Do:
- Wait for your letter from IRCC
- Decide if you want to apply under subsection 5(4)
- If born after Dec 19, 2023, submit proof of your parent’s time in Canada
- Submit supporting documents and the required fee
- IRCC will review your application for either priority or regular processing
Why This Matters:
“This is about fixing a long-standing gap in our citizenship system,” said a government spokesperson. “We’re offering families a fair chance at what should have always been theirs — Canadian citizenship.”
With over 2.8 million Canadians living abroad and thousands of international families caught in bureaucratic red tape, this move marks a huge win for global Canadians and a step toward a more inclusive citizenship policy.
While this isn’t a permanent fix, it’s a powerful first step. If you’re one of the many affected by the First-Generation Limit, now’s your chance to act fast, get informed, and finally claim your place in Canada.
⏳ The door is open — don’t wait too long.
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