Canada announces expansion of citizenship rights beyond second generation

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.The judge in this case declared the first generation limit on acquisition of citizenship by descent 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. The extension was granted through March 19, 2025. However, Parliament is not in session and no new legislation has been passed. At a court hearing on March 13, 2025, the government asked for a further 12 month extension. 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 an 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. Later in the day, the government posted an announcement on the government website announcing that the expanded program was now in effect.

The announcement also stated that the new program would have one limitation: it would apply only to persons born prior to December 19, 2023. Children born since December 19, 2023 would be eligible only if their parents had lived in Canada for at least 1095 days prior to their birth.