Interim measure for proof of citizenship applications affected by the first-generation limit (FGL) to citizenship by descent

Overview

The first-generation limit (FGL) to citizenship by descent requirements of the Citizenship Act are changing. The FGL generally limits citizenship by descent to persons who are born to a Canadian parent abroad in the first generation (with some exceptions). Until the changes take effect, the current FGL rules remain in force.

An interim measure is being introduced to address certain proof of citizenship applications that may be impacted by the FGL to citizenship by descent.

Scenario 1: The applicant submits a proof application that would be subject to FGL and requests urgent processing based on the urgent processing criteria.
Scenario 2: The applicant currently has a proof application in process and IRCC has identified the application as being impacted by the FGL. The application was de-prioritized until the new rules take effect, and the applicant has since requested urgent processing.
In both scenarios, IRCC will
- review the request and verify eligibility for urgent processing and
- respond to the applicant’s request in writing
If the applicant is eligible for urgent processing, IRCC will provide them with
- a notice that the FGL is still in force and
- the option to request a discretionary grant of citizenship under subsection 5(4) of the Citizenship Act and the relevant instructions to apply for the grant
If the applicant is not eligible for urgent processing, IRCC’s Case Processing Center – Sydney (CPC‑S) will notify them that their application will remain in regular processing based on a letter template to be provided by the Citizenship Program Delivery Division.
If the applicant is eligible for urgent processing, the Case Management Branch (CMB) will contact them to offer the option to apply for a grant of citizenship under subsection 5(4) of the Citizenship Act, CPC-S will not render a decision on the proof application. The CMB will advise the person to provide additional documentation and the $100 right of citizenship fee (if applicable) after which the minister or a delegated decision maker will assess the 5(4) application.
- If the 5(4) application is approved, the applicant will be granted citizenship.
- If the 5(4) application is not approved, the applicant will not be granted citizenship.

Eligibility

Limits to citizenship by descent under the Citizenship Act

Since April 17, 2009, Canadian citizenship by birth outside Canada to a Canadian parent (citizenship by descent) is limited to the first generation. This is known as the first-generation limit (FGL) to citizenship by descent.

The FGL means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009, and who were born outside Canada to a Canadian parent or adopted by a Canadian parent are not Canadian or have access to the direct grant of citizenship for adopted persons if

their Canadian parent was also born outside Canada to a Canadian parent (the person is therefore the second or subsequent generation born outside Canada) or
their Canadian parent was granted citizenship under section 5.1, the adoption provisions of the Citizenship Act (the person is therefore the second generation born outside Canada).

The FGL did not take Canadian citizenship away from any person who was a Canadian citizen immediately before the rules came into effect on April 17, 2009.

Exceptions to the first-generation limit

The FGL does not apply to a person born outside Canada in the second or subsequent generation if

at the time of the person’s birth or adoption, their Canadian parent was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory (a Crown servant), other than as a locally engaged person or
at the time of their Canadian parent’s birth or adoption, the person’s Canadian grandparent was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory (a Crown servant), other than as a locally engaged person

Clients who think the above limitation may apply to them or their children can contact IRCC for further information via the web form on the IRCC website.

Pathways to citizenship for persons not eligible for citizenship by descent

Persons who are not eligible for citizenship by descent or a direct citizenship grant for adopted persons under the Citizenship Act may use other pathways to citizenship.

They may be eligible to be sponsored as permanent residents under the Immigration and Refugee Protection Act. An application for a minor grant of citizenship under subsection 5(2) for a minor or a grant of citizenship under subsection 5(1) of the Citizenship Act may be submitted as soon as the person becomes eligible.
If stateless, they may be eligible for a grant of citizenship for stateless persons under subsection 5(5) of the Citizenship Act, and may proceed with completing this application.

Urgent processing

IRCC can only process proof of citizenship applications urgently in special cases or situations. IRCC will ensure every urgent request meets the conditions for urgent processing. If the application doesn’t meet the conditions, the applicant will be advised in writing and the application will be remain in regular processing. Urgent processing is not guaranteed.

Requesting urgent processing when the application is submitted

To apply for urgent processing within Canada or the United States, the applicant must

write “Urgent – Proof of Citizenship” in dark letters on the envelope
provide a letter explaining why urgent processing is required
provide documents to support the request for urgent processing

To apply for urgent processing outside Canada or the United States, the applicant must

advise the Canadian embassy, high commission or consulate that they need urgent processing when they submit their application
write “Urgent – Proof of Citizenship” in dark letters on the envelope
provide a letter explaining why urgent processing is required
provide documents to support the request for urgent processing

Requesting urgent processing when an application is already submitted

If the applicant lives within Canada or the United States, they can

contact IRCC using the web form
contact IRCC through the Client Support Centre (Canada only) or
send a letter to Case Processing Centre – Sydney’s mailing address with an explanation for why urgent processing is needed and documents supporting the request for urgent processing
- The explanation must include their full name, telephone number(s) and date of birth.

If the applicant lives outside Canada or the United States, they can

contact IRCC using the web form or
contact the Canadian embassy, high commission or consulate where they submitted their application

If the person has applied through the online application process, they can

contact IRCC using the web form

The applicant must provide

an explanation for why urgent processing is required and
documents to support the request for urgent processing

Examples of special cases or urgencies (non-exhaustive list):

The person requires proof of citizenship to
- apply for a job
- avoid losing a current job
- attend a school, college or university of another country
Necessity to travel because of death or serious illness in the family, and the applicant is unable to obtain a passport in their other nationality.
Accessing social benefits like
- a pension
- health care
- a social insurance number

Examples of supporting documents

plane tickets or itineraries, with proof of payment
a letter from an employer
a letter from a school
a doctor’s note
a death certificate
other documents supporting urgent processing

Responding to the urgent processing request

IRCC will respond to the applicant’s request for urgent processing in writing.

If the applicant is eligible for urgent processing, IRCC will provide the applicant with

a notice that the FGL continues to apply and
the option and the relevant instructions to apply for a discretionary grant of citizenship under subsection 5(4) of the Citizenship Act

If the applicant is not eligible for urgent processing, IRCC will provide them with a written notice that their application will continue in regular processing.