Deadline extended for changes to Canadian citizenship by descent

author avatar
Derek Shank
Updated: Mar, 17, 2025
  • Published: March 17, 2025

Canadians must continue to wait for the thrice over-due changes to Canada’s Citizenship Act.

On March 13, 2025, the Ontario Superior Court of Justice extended the deadline for the federal government to amend the law concerning the first-generation limit (FGL) to citizenship by descent. The new deadline is April 25, 2025.

Under the FGL, introduced to the Citizenship Act in 2009, children born outside Canada do not inherit Canadian citizenship from a Canadian parent who gained citizenship by descent.

Schedule a Free Canadian Citizenship Consultation with the Cohen Immigration Law Firm

In December of 2023, the Court ruled the FGL unconstitutional, explaining in the ruling that in its current form the FGL violates the Canadian Charter of Rights and Freedoms by creating a second class of citizenship and discriminating on the basis of national origin.

In May of 2024, the federal government introduced Bill C-71, which provides an exemption to the FGL provided that the Canadian parent meets a “substantial connection to Canada” test, defined as having lived in Canada for three years prior to the birth or adoption of the child.

Bill C-71 never became law. The Court extended the deadline three times. The most recent extension prior to last week’s extension was until March 19, 2025.

On January 6, 2025, Canada’s Governor General Mary Simon prorogued parliament until March 24 at the request of Justin Trudeau, making it clear that the government would miss the March deadline for implementing the FGL changes.

On March 13, 2025, the federal government requested an additional extension of 12 months.

There will be a hearing on April 11, 2025, at which the federal government will be required to make the case to the Court that a further extension is warranted.

Interim Measures

Immigration, Refugees and Citizenship Canada (IRCC) has put interim measures in place for those affected by the current form of the FGL.

Under these measures, affected individuals can apply to IRCC for discretionary grants of citizenship, and may benefit from prioritized processing.

What happens if the federal government misses the deadline again?

If the federal government misses the deadline, the Court may do one of two things:

  • Extend the deadline further; or
  • Strike down or read down offending portions of the Citizenship Act.

Schedule a Free Canadian Citizenship Consultation with the Cohen Immigration Law Firm

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
Looking to move to Canada as an American? Here are your work permit options
Person travelling to Canada
8 warm winter destinations Canadian passport holders can access visa-free, a short flight away
A pink sand beach in the Bahamas
How foreign work experience can help you get Canadian PR through Express Entry, and what counts
Business man carrying briefcase
Parliament passes bill to grant citizenship to lost Canadians
Thousands of children of Canadians stand to gain citizenship.
Top Stories
Committee amends Carney’s border bill to limit sweeping executive powers
Borrowing Basics for Newcomers to Canada
Looking to move to Canada as an American? Here are your work permit options
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Canada
Committee amends Carney’s border bill to limit sweeping executive powers
Canadian flag against the Senate
Looking to move to Canada as an American? Here are your work permit options
Person travelling to Canada
Canada increases immigration fees
A shot of several skyscrapers in Vancouver, with three Canadian flags waving in the wind.
These occupations can lead to Canadian permanent residence without prior Canadian work experience
A lecturer in a college
Link copied to clipboard