The Immigration, Refugees and Citizenship Canada (IRCC) has introduced an interim measure aimed at facilitating faster Canadian citizenship for certain foreign nationals. Historically, Canadian citizens born abroad could transmit their citizenship to their children only if they were the first generation born outside Canada. This meant that children born abroad to Canadian citizens who themselves were born overseas were not automatically granted Canadian citizenship.
The first-generation limit (FGL) is Changing
To address this, changes are being made to the Citizenship Act's first-generation limit (FGL) for citizenship by descent. Until these changes take full effect, the existing rules of the FGL remain applicable. However, an interim measure has been implemented specifically to manage proof of citizenship applications affected by the FGL.
Under this interim measure, two scenarios are addressed:
For applicants eligible for urgent processing, IRCC will notify them about the continuing application of the FGL and offer the option to apply for a discretionary grant of citizenship under subsection 5(4) of the Citizenship Act. This involves providing additional documentation and paying any required fees, following which a decision will be made by the Minister or a delegated authority.
It's important to note that the first-generation limit (FGL) to citizenship by descent has been in effect since April 17, 2009. This limit generally means that individuals born outside Canada to Canadian parents may not automatically receive citizenship if their Canadian parent was also born abroad to a Canadian citizen.
Exceptions to this limit include situations where the Canadian parent was employed abroad in certain capacities, such as with the Canadian Armed Forces or federal public administration, or if the applicant is stateless.
For those ineligibles for citizenship by descent or a direct grant under the Citizenship Act, alternative pathways to citizenship exist, such as sponsorship under the Immigration and Refugee Protection Act or grants for stateless individuals under subsection 5(5) of the Citizenship Act.
Urgent processing of applications is possible in specific circumstances, such as for employment, education, or urgent travel needs, provided appropriate documentation is provided to support the request.
This interim measure by IRCC reflects ongoing efforts to streamline citizenship processes while ensuring adherence to legal requirements. Applicants affected by these changes are encouraged to contact IRCC for further guidance through their official channels.
Lastly, while the FGL to citizenship by descent remains in place pending legislative changes, IRCC is implementing measures to address affected applications and provide pathways for eligible individuals to obtain Canadian citizenship in a timely manner.
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To confirm latest Canada immigration updates and apply for Permanent Residency (PR) in Canada this year, you may contact our Canada migration expert on Toll-Free No. 78-18-000-777 or you can drop us an e-mail at info@visasavenue.com.
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