Canada announces New Interim Measure to expand citizenship beyond first generation born abroad

By Bruce Allen In Canada Immigration News

On March 13, 2025, the Canadian government announced that citizenship applications will now be accepted and processed for persons born outside Canada with grandparents or earlier generations who were born in Canada.This is in response to a court decision in the case of Bjorkquist v. Canada. In December 2023, the judge in this case ruled that the first generation limit on acquisition of citizenship is a violation of the Canadian Charter of Rights. However, the judge suspended the ruling until the Canadian Parliament could pass legislation protecting the rights of second generation persons. Such legislation was introduced in the previous Parliament, but was not passed before Parliament was dissolved for new elections.

The government promised that it would implement a discretionary program under subsection 5(4) of the Citizenship Act, allowing second generation persons to apply for citizenship until new legislation can be passed. The government had previously set up a similar interim program, but limited applications to persons with an urgent need for citizenship, such as a job offer in Canada. Under the new measure, the urgency requirement has been removed. This new Expanded Interim Measure was implemented April 1, 2025.

The new program is a two step process. Persons must first file an application for proof of citizenship. After review of the application, the government sends out an “Invitation Letter” inviting the person to apply for a discretionary grant of citizenship under subsection 5(4) of the current Citizenship Act. Since this is a grant of citizenship, rather than a proof, applicants are subject to a background check. If approved, applicants will take part in an online citizenship ceremony where they will take the Canadian citizenship oath.

We are accepting cases now under the Expanded Interim Measure. Contact us now by email, or call us at (216) 593-0180 for more information.