Deadline Extended for Changes to Canadian Citizenship by Descent.

 

Table of Contents

  1. Overview of the Citizenship Act Changes

  2. Understanding the First-Generation Limit (FGL)

  3. Court Rulings and Timeline of Events

  4. Bill C-71: Proposed Amendments

  5. Current Status and New Deadline

  6. Interim Measures by IRCC

  7. What Happens if the Deadline is Missed Again?

  8. How Wave Visas Immigration Can Help

1. Overview of the Citizenship Act Changes

Canada has once again extended the deadline for changes to its Citizenship Act concerning citizenship by descent. This delay impacts families with children born outside Canada to Canadian parents who themselves inherited citizenship by descent.

The Ontario Superior Court of Justice announced on March 13, 2025, that the new deadline for amending the law is now April 25, 2025 — marking the third extension in this ongoing legal process.

2. Understanding the First-Generation Limit (FGL)

The First-Generation Limit (FGL), introduced in 2009, prevents children born outside Canada from inheriting Canadian citizenship if their parent was also born abroad and received citizenship by descent.

In December 2023, the Court ruled this policy unconstitutional, stating it violates the Canadian Charter of Rights and Freedoms by creating unequal classes of citizenship based on national origin.

3. Court Rulings and Timeline of Events

  • 2009: FGL introduced to the Citizenship Act.

  • December 2023: Court declares FGL unconstitutional.

  • May 2024: Bill C-71 proposed an exemption for Canadian parents with a “substantial connection” (three years of residency).

  • January 2025: Parliament prorogued, delaying the bill.

  • March 13, 2025: Deadline extended again to April 25, 2025.

4. Bill C-71: Proposed Amendments

Bill C-71 aimed to soften the FGL rule by introducing a “substantial connection to Canada” test. This test required the Canadian parent to have lived in Canada for at least three years before the child’s birth or adoption.

However, the bill never passed into law due to repeated parliamentary delays.

5. Current Status and New Deadline

The federal government has requested an additional 12-month extension. A hearing on April 11, 2025, will determine whether this request is granted. If denied, the government must meet the current April 25, 2025, deadline.

6. Interim Measures by IRCC

For families affected by the FGL, Immigration, Refugees, and Citizenship Canada (IRCC) has introduced interim measures:

  • Discretionary Citizenship Grants: Affected individuals can apply for a grant of citizenship.

  • Prioritized Processing: Applications under this measure receive priority handling.

7. What Happens if the Deadline is Missed Again?

If the federal government fails to meet the April 25 deadline, the Court may either:

  • Extend the deadline again to allow more time for legislative changes.

  • Strike down or modify sections of the Citizenship Act that enforce the FGL.

8. How Wave Visas Immigration Can Help

Navigating the complexities of Canadian immigration laws, especially with evolving policies, can be overwhelming. Wave Visas Immigration offers expert guidance to ensure families affected by the FGL understand their options and take advantage of interim measures.

Whether you’re seeking a citizenship grant or exploring other pathways, Wave Visas Immigration is dedicated to helping you secure your Canadian future.

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