Canada extends deadline for citizenship by descent changes

Canadians will have to wait longer for long-overdue changes to the country’s Citizenship Act. On March 13, 2025, Ontario’s Superior Court of Justice extended the deadline for the federal government to amend the first-generation limit (FGL) law. The new deadline is now April 25, 2025.

The FGL was added to Canada’s Citizenship Act in 2009. It prevents children born outside Canada from inheriting Canadian citizenship if their parent is a citizen by descent, rather than by birth or naturalization. This rule has caused issues for many Canadian families living abroad.

In December 2023, the court ruled the FGL unconstitutional. The ruling stated that the law violates the Canadian Charter of Rights and Freedoms by creating two classes of citizenship and discriminating based on national origin. The court ordered the government to change the law to fix this unfairness.

In May 2024, the federal government introduced Bill C-71 to address the issue. The bill proposed an exemption to the FGL. Under this bill, children born or adopted abroad could inherit citizenship if their Canadian parent had lived in Canada for at least three years before the child’s birth or adoption. However, Bill C-71 never became law.

The government has already missed the court’s deadlines three times. The most recent extension gave them until March 19, 2025, to make the changes. However, on January 6, 2025, Governor General Mary Simon prorogued Parliament until March 24 at Prime Minister Justin Trudeau’s request. This made it impossible for the government to meet the March deadline.

On March 13, the government asked the court for another extension of 12 months. However, they will need to justify this request at a hearing on April 11, 2025. During the hearing, the government will have to explain why they need more time.

In the meantime, Immigration, Refugees, and Citizenship Canada (IRCC) has introduced temporary measures for people affected by the FGL. Those impacted can apply for special grants of citizenship. These applications will be given priority processing.

If the government misses the new April deadline, the court has two options. It can either extend the deadline again or strike down the parts of the Citizenship Act that violate the Charter. If the court strikes down the law, it could cause major changes to Canada’s citizenship rules.