Canada Introduces Interim Measures for Faster Citizenship for Some Foreign Nationals
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IRCC has introduced interim measures allowing certain foreign nationals to gain Canadian citizenship faster, in anticipation of potential legislative changes to the first-generation limit rule. These measures cater to urgent processing needs for proof of citizenship applications, offering affected individuals a path to expedited citizenship.
In a significant development, Immigration Refugees and Citizenship Canada (IRCC) has unveiled interim measures that will enable certain foreign nationals to obtain Canadian citizenship more quickly.
This initiative comes in anticipation of possible amendments to the Canadian Citizenship Act that could extend citizenship rights to second-generation children born abroad.
Background: First-Generation Limit on Citizenship
Historically, Canadian citizenship could only be passed to the first generation born abroad. This means that Canadian citizens born outside Canada could not automatically confer citizenship to their own children born overseas. This rule, known as the first-generation limit (FGL), has restricted many from claiming their Canadian heritage.
Proposed Changes with Bill C-71
The proposed Bill C-71 seeks to modify the existing Citizenship Act, potentially extending citizenship to the second generation born abroad. If the bill gains Royal Assent, it will allow more foreign nationals, previously restricted by the FGL, to claim Canadian citizenship. An official announcement from IRCC regarding permanent changes is expected on June 19, 2024, as mandated by the Ontario Supreme Court.
New Interim Measures by IRCC
To address the needs of affected individuals while awaiting legislative changes, IRCC has introduced new interim measures. These measures specifically cater to those applying for proof of citizenship under urgent processing who might be impacted by the FGL. The two scenarios covered by these interim measures are:
1. Urgent Proof of Citizenship Application: Applicants who have submitted a proof of citizenship application subject to the FGL rule change and have requested urgent processing.
2. In-Process Applications: Applicants with in-process applications identified by IRCC as impacted by the FGL rule, previously de-prioritized but now requesting urgent processing.
Eligible applicants will be notified by IRCC and offered the option to apply for a "discretionary grant of citizenship," processed by the Immigration Minister or a delegated decision maker.
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Criteria for Urgent Processing
To qualify for urgent processing, applicants must demonstrate the necessity for urgent citizenship proof for one of the following reasons:
- Access to benefits such as a pension, Government funded healthcare, or Social Insurance Number (SIN)
- Requirement to prove Canadian citizenship for employment
- Need to travel due to a family member’s death or serious illness
Documentation for Urgent Processing
Applicants are advised to include a Letter of Explanation and supporting documents, such as travel itineraries, employer letters, or medical notes, to verify their need for urgent processing.
Alternate Proofs of Citizenship
For those who lose their citizenship certificate, IRCC recognizes other documents as valid proof of Canadian citizenship, including:
- Citizenship cards
- Certain Canadian birth certificates
- Naturalization certificates issued before January 1, 1947
- Certificates of registration of birth abroad or retention issued between January 1, 1947, and February 14, 1977
However, documents such as citizenship record letters, commemorative certificates, and Department of National Defence (DND) 419 birth certificates are invalid for proving Canadian citizenship.
These interim measures represent a proactive step by IRCC to address citizenship issues while legislative changes are pending. Affected individuals are encouraged to stay informed and apply for urgent processing if they meet the criteria.
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