Deadline Extended Again for Canadian Citizenship by Descent Changes

The long-awaited changes to Canada’s Citizenship Act have been delayed once more, as the Ontario Superior Court of Justice extended the deadline for amending the first-generation limit (FGL) rule. The new deadline is now set for April 25, 2025.

Understanding the First-Generation Limit (FGL)

The FGL was introduced in 2009 and prevents children born outside Canada from inheriting Canadian citizenship if their parent is also a Canadian citizen by descent. This means that only those born in Canada or to a parent who gained citizenship through naturalization can automatically pass down their citizenship to their children.

Why Is This Rule Being Challenged?

In December 2023, the Court ruled that the FGL violates the Canadian Charter of Rights and Freedoms by creating a second-class citizenship system based on national origin. As a result, the federal government was given a deadline to amend the law.

Government’s Attempt to Change the Law

In May 2024, the government introduced Bill C-71, which proposed an exemption to the FGL. Under this bill, Canadian parents living abroad could pass down citizenship to their children if they had lived in Canada for at least three years before the child’s birth or adoption. However, Bill C-71 did not become law, and the deadline for implementing changes was extended multiple times.

Further Delays Due to Parliamentary Prorogation

In January 2025, Governor General Mary Simon prorogued Parliament until March 24, 2025, at the request of Prime Minister Justin Trudeau. This meant the government was unable to meet the latest deadline of March 19, 2025.

On March 13, 2025, the federal government requested another 12-month extension, citing the need for more time to implement the necessary legislative changes. The Court has scheduled a hearing on April 11, 2025, where the government must justify why another extension is required.

Interim Measures for Affected Individuals

While waiting for a final resolution, Immigration, Refugees and Citizenship Canada (IRCC) has introduced interim measures to help individuals impacted by the FGL. These measures include:

• The option to apply for discretionary grants of citizenship.
• Prioritized processing for those eligible under these interim policies.

What Happens If the Government Misses the New Deadline?

If the federal government fails to meet the April 25, 2025 deadline, the Court may take one of the following actions:

1. Grant another extension to allow more time for changes to be made.
2. Strike down or modify the FGL provisions in the Citizenship Act, potentially making it easier for affected individuals to claim Canadian citizenship.

Final Thoughts

The ongoing delays have left many families uncertain about their children’s citizenship status. With the next court hearing scheduled for April 11, 2025, affected individuals should stay informed about further developments. If you or someone you know is impacted by the FGL, consulting an immigration expert may help navigate the evolving legal landscape.