Some permanent resident applicants left in limbo by changes to Canadian citizenship law

When Michel Pottier and his wife decided a year ago to move from Maine to his hometown of Halifax, they did their best to plan ahead and play by the rules.

Pottier made arrangements to transfer his job to Canada. His American-born wife, Lindsey Jade Higgins, applied for spousal permanent resident status. 

Originally, they expected it would only take a few months. A year later, Pottier has had to begin work in Halifax while his wife is in Portland, Maine, still waiting.

A few days ago, Pottier learned that they could have to wait yet another year to live together in Canada — the result of the way the federal government is implementing changes to citizenship law, Bill C-3, adopted by Parliament late last year. 

“We can’t be in the same place,” said a frustrated Pottier. “That’s a difficult pill to swallow — especially since she’s so close.… But when it comes to paperwork, you might as well be on the moon.”

CBC News has learned that Immigration, Refugees and Citizenship Canada quietly put permanent resident applications on hold for an unknown number of people who could now qualify for citizenship under Bill C-3. The legislation makes those who can prove they have a Canadian ancestor eligible for Canadian citizenship.

That leaves those affected in limbo — without permanent resident status and stuck in a nearly three-year processing backlog of applications for citizenship certificates. 

Pottier and his wife applied for her spousal family class sponsorship in September 2025. However, while researching her family tree for that application, they realized that she had a Canadian great-grandmother, which also makes her eligible for Canadian citizenship by descent.

They applied for that as well in October 2025, when there was an interim program that allowed people to apply before the “lost Canadians” legislation formally went into effect.

However, unbeknownst to them, that second application plunged them into the situation they now face.

Initially, IRCC processed her permanent residence application normally, including having her pay for medical tests in January. But a few days ago, Pottier learned through the office of his MP, Justice Minister Sean Fraser, that his wife’s permanent resident application was put on hold in September 2026 because she may be eligible for citizenship.

“If we had not applied for the proof of citizenship application, she would have had PR by now,” said Pottier. “So, we thought we were doing the right thing, but [we] just destroyed any chance of starting our life in Canada together in any kind of humane timeline.”

Pottier said he and his wife are now reconsidering their dream of living in Canada.

Briannah Dale, senior communications adviser for IRCC, said under the department’s policies, you can’t be both a permanent resident and Canadian citizen at the same time.

“If someone applies for proof of citizenship while also applying for permanent residence, their permanent residence application will be placed on hold while a concurrent citizenship application is assessed,” she wrote in an emailed response.

“If citizenship is confirmed, the permanent residence application will be considered withdrawn. If citizenship is not confirmed, the permanent residence application will return to its original place in the processing queue and resume processing.”

Dale said an IRCC officer can also put a permanent residence application on hold even if someone hasn’t applied for a citizenship certificate if the officer has “compelling reasons to believe an applicant may already be a citizen under Canadian law.”

Dale said due to “systems limitations” the department can’t say how many permanent residence applications it has put on hold because the applicant may also qualify for citizenship.

However, she said those who already have permanent resident status won’t lose their status while they wait for their citizenship certificate. 

The wait time for those who apply today for family sponsorship of spouses outside Canada (and outside Quebec) like Pottier’s wife is 18 months. But the wait time for citizenship certificate applications is now 34 months, in part because of the surge of applications since the adoption of Bill C-3, particularly from Americans.

Between Dec. 15, 2025, when Bill C-3 went into effect and Aug. 31, IRCC has approved 7,900 applications for Canadian citizenship certificates under the new legislation. Another 22,570 people born abroad to a Canadian parent also received citizenship certificates.

A Canadian citizenship certificate allows the holder to obtain a Canadian passport and live and work in Canada. However, some benefits, like universal health care, have a residency requirement.

The demand for Canadian citizenship by descent has been so strong that archives in both Canada and the U.S. have been swamped with requests from applicants for birth certificates and other records to prove Canadian ancestry — some of whom are going back several generations. 

In early October, the Association of Canadian Archivists wrote to Immigration Minister Lena Metlege Diab, calling on the federal government to provide funding and assistance to help archives respond to the increased workload resulting from Bill C-3.

The association has not yet received a response.

Montreal immigration lawyer Lisa Middlemiss says Pottier’s family is not the only one trying to navigate IRCC’s handling of permanent residence status and Bill C-3.

“The situation comes up more commonly than one might think,” she said.

“Frequently we’re consulting with individuals who may have a possible claim to Canadian citizenship and recently found out about Bill C-3, however, may also qualify or would normally qualify for permanent residence.”

Middlemiss said IRCC hasn’t issued any guidance to immigration lawyers on “how to interpret this gray zone.”

“The trouble is people are being caught in some sort of processing purgatory, if you will, or limbo, in which they are waiting for a processing of a permanent residence application, which may not happen if they’re a Canadian citizen, and they don’t also know whether their Canadian citizenship application will be processed urgently.”

NDP immigration critic Jenny Kwan said the impact of Bill C-3 on permanent resident status was not something that Parliament contemplated when it debated the legislation.

Kwan said she has been trying unsuccessfully to get answers from Diab’s office on behalf of a constituent who is stuck in this limbo.

“I just don’t understand why it is so hard for the minister to do her job and to provide that clarity and that confirmation for the general public and to us as members of Parliament representing our constituents,” she said.

“The minister, I think, is failing to do her job in implementing Bill C-3.” 

Diab’s office has yet to respond to questions from CBC News.