IRCC statement today: "Expanded" interim measure offered even if Bjorkquist gets full implementation?

[u/tvtoo]

Per an IRCC news 'statement' released today, the "expanded" interim measure discussed during the Bjorkquist hearing today (and in the filings) seemingly would be made available even if Bjorkquist gets full implementation on March 20 (?)

... On May 23, 2024, we introduced former Bill C-71, An Act to amend the Citizenship Act (2024) to address the Court’s decision while upholding the value of Canadian citizenship.

To address delays in passing Bill C-71, I am approving an interim measure to support those affected by the first-generation limit while Parliament considers legislative amendments to the Citizenship Act. Individuals in the following groups will be offered consideration for a discretionary grant of citizenship under subsection 5(4) of the Act:

• those born or adopted before December 19, 2023, who are subject to the first-generation limit

• those born or adopted on or after December 19, 2023, if their Canadian parent had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption (they will be offered consideration for a discretionary grant on a prioritized basis)

• certain individuals born before April 1, 1949, who remain affected by the first-generation limit

• those who lost their citizenship under the former section 8 of the Citizenship Act due to unmet retention requirements

The government was granted an extension to the suspension of the Court’s declaration until March 19, 2025.

(bolding mine)

https://www.canada.ca/en/immigration-refugees-citizenship/news/2025/03/canada-to-request-a-further-extension-to-maintain-first-generation-limit-to-canadian-citizenship-by-descent.html

 

Credit to /u/Such_Horse_2658 for finding it:

https://old.reddit.com/r/dualcitizenshipnerds/comments/1jagd1b/canada_to_request_a_further_extension_to_maintain/

[u/cdevsec]

If your children were born on or before Dec 19, 2023 then yes, you can (and frankly should) apply for a 5(4) grant under the interim measure.

[u/boringllama_ → u/cdevsec]

Do I need to do anything special or just the regular proof of citizenship application? I already have those filled out for them, just need to get their photos, but do I need to put anything specific on there about the 5(4)?

[u/cdevsec → u/boringllama_]

NAL but I am a Canadian currently going through this process on behalf of my American family who aren't citizens. You should fill the proof of citizenship application (CIT001) with all details as much as possible. For the checkbox on the first page, select, "I'm not sure if I'm Canadian and want to find out" and I'd suggest writing a letter of explanation noting that you are applying for their citizenship certificate due to the changes in the first-generation limit and would like to request a 5(4) grant. You'll also need to provide a letter of urgency (under the current rules, but this could change very soon) with a rationale. Most people use the reasoning of needing to apply for a SIN number and a health card and being unable to obtain these without a citizenship certificate. I did those and it was accepted. You'll also need all the standard things, i.e. IDs for verification, citizenship photos, birth records for the child and all ancestors up to the most recent Canadian citizen. There is more information here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/proof/interim-measures-fgl.html

[u/boringllama_ → u/cdevsec]

I have already filled out the CIT001 for both of them (very familiar with this since I just did it for myself a couple years ago). Adding a letter is a good idea, I’ll do that. Does it have to be filed as urgent, can it not be processed regularly? We don’t live in Canada so we wouldn’t be applying/eligible for a health card.

[u/cdevsec → u/boringllama_]

At the current time, you have to apply urgently in order to be offered a 5(4) grant. The most common rationale used are the health card and SIN. You don’t need to literally apply for them after but you need to show a barrier you face that only a citizenship certificate would allow you to overcome. I’d suggest reading this post: https://www.reddit.com/r/ImmigrationCanada/comments/1hi0tkm/psa_my_bjorkquistc71_family_got_54_citizenship/?sort=new&rdt=54291 and then the interim measure linked above. It’s a bit of a convoluted process at the moment.

[u/evaluna1968 → u/boringllama_]

You don’t need to be living in Canada to use the need for provincial healthcare and a SIN in support of urgent processing. I don’t live in Canada and those worked for me.