Canadian Citizenship Law Changes Delayed Until November 2025

Recent changes to Canadian citizenship law, especially the rules about the “first-generation limit” on citizenship by descent, have been delayed again. Many families and individuals are waiting for answers about their rights, and the government has missed several court deadlines to fix the Citizenship Act. Here’s a clear and detailed update on what’s happening, who is affected, what actions are needed, and what these delays mean for people with pending applications.

Summary of What Changed

The main change centers on the “first-generation limit,” a rule in the Citizenship Act that stops Canadian citizens who were born outside Canada from passing their citizenship to their own children if those children are also born outside Canada. This rule, introduced in 2009, means only the first generation born abroad can automatically get Canadian citizenship by descent. If you’re a Canadian citizen born outside Canada, and your child is also born outside Canada, your child usually cannot get Canadian citizenship automatically.

In December 2023, the Ontario Superior Court of Justice ruled that this first-generation limit was unconstitutional. The court said it created unfair classes of citizens and went against the Canadian Charter of Rights and Freedoms. The government was given six months to fix the law, but as of July 2025, no permanent changes have been made. The court has now suspended its ruling until November 20, 2025, so the current rules remain in place until then.

Who Is Affected by the Delays

The people most affected are often called “Lost Canadians.” These are people who may have a right to Canadian citizenship but are blocked by the first-generation limit. This includes:

• Children born outside Canada to Canadian parents who themselves were born outside Canada
• Families living abroad who want to pass Canadian citizenship to their children
• People who have applied for proof of citizenship and have been denied because of this rule
• Individuals waiting to apply, hoping the law will change soon

If you are a Canadian citizen by descent (meaning you got your citizenship because your parent was Canadian, but you were born outside Canada), and your child is also born outside Canada, your child is likely affected by this rule.

Timeline and Key Dates

Here’s a summary of the important events and deadlines:

• 2009: The first-generation limit is added to the Citizenship Act.
• December 2023: The Ontario Superior Court rules the first-generation limit is unconstitutional and gives the government six months to fix the law.
• May 2024: The government introduces Bill C-71, which would allow second-generation citizenship if the parent lived in Canada for at least 1,095 days before the child’s birth.
• January 6, 2025: Prime Minister Justin Trudeau announces his resignation. Parliament is suspended (prorogued) until March 24, 2025.
• March 19, 2025: The government misses the deadline to fix the law because Parliament is still suspended.
• March 13, 2025: The court extends the deadline to April 25, 2025, and allows interim discretionary citizenship grants.
• April 22, 2025: The deadline is extended again to November 20, 2025, to give the new government time to act after the April 28, 2025, election.
• June 6, 2025: The court suspends its ruling until November 20, 2025. The current rules stay in place until then.

Current Status as of July 2025

• The federal government has not passed any permanent changes to the Citizenship Act to remove the first-generation limit.
• Bill C-71, which was supposed to fix the problem, died when Parliament was suspended and has not been reintroduced.
• The court’s ruling that the first-generation limit is unconstitutional is suspended until November 20, 2025.
• The government has set up interim discretionary measures. Some affected people can apply for citizenship grants on a case-by-case basis under section 5(4) of the Citizenship Act. These are not automatic and depend on the decision of an immigration officer.
• The government has asked for more time to fix the law, and the court has agreed, giving the new government until November 20, 2025, to act.

What You Need to Do If You Are Affected

If you or your child is affected by the first-generation limit, you have a few options:

1. Apply Now Under Current Rules:
   You can apply for a citizenship certificate for your child under the current rules. However, if your child is not eligible because of the first-generation limit, the application will likely be denied.

2. Apply for a Discretionary Grant:
   The government has set up interim discretionary grants for people affected by the first-generation limit. You can apply for a discretionary grant of citizenship under section 5(4) of the Citizenship Act. This is not automatic. An immigration officer will review your case and decide if you should get citizenship.

   • You can find more information and the application process on the official IRCC website.

1. Wait for the Law to Change:
   If you are not in a hurry, you may choose to wait until after November 20, 2025. If the government changes the law or if the court’s ruling takes effect, your child may automatically become eligible for Canadian citizenship by descent.

2. Request Urgent Processing:
   If you have a compelling reason (for example, a medical emergency or urgent travel), you can ask for urgent processing of your application. This does not guarantee approval, but your case may be reviewed faster.

Implications for Pending Applications

If you have already applied for Canadian citizenship for your child and are waiting for a decision, your application will be processed under the current rules until at least November 20, 2025. This means:

• If your child is not eligible because of the first-generation limit, the application may be denied.
• If you apply for a discretionary grant, your case will be reviewed individually, and there is no guarantee of approval.
• If the law changes or the court’s ruling takes effect, you may need to reapply or your case may be reconsidered automatically.

What Are Interim Discretionary Grants?

Interim discretionary grants are a temporary solution set up by the government while the law is being reviewed. Under section 5(4) of the Citizenship Act, the Minister of Immigration can grant citizenship to someone in special cases. This is not a right, and not everyone will be approved. Each case is looked at separately. The government started using this option more often after the court’s decision in March 2025.

How to Apply for a Discretionary Grant

• You must submit a detailed application explaining why you or your child should get Canadian citizenship, even though you are not eligible under the current rules.
• You should include any documents that show your connection to Canada, your family situation, and any special reasons why you need citizenship now.
• The application is reviewed by an immigration officer, who decides if your case is strong enough for a discretionary grant.
• There is no guarantee of approval, and the process can take time.

Why Has the Law Not Changed Yet?

Several political events have delayed changes to the Citizenship Act:

• Prime Minister Justin Trudeau resigned in January 2025, and Parliament was suspended until March 2025.
• Bill C-71, which would have allowed some second-generation Canadians to pass on citizenship if they had lived in Canada for at least three years, was not passed before Parliament was suspended.
• After the federal election on April 28, 2025, a new government was formed, but they have not yet introduced new legislation to fix the law.
• The court has given the new government until November 20, 2025, to act.

What Happens If the Government Misses the November 20, 2025 Deadline?

If the government does not change the law by November 20, 2025, the Ontario Superior Court’s ruling will take full effect. This means:

• The first-generation limit will be removed from the Citizenship Act.
• Many people who were previously denied citizenship by descent may become eligible.
• The government may need to process a large number of new applications.
• There could be some confusion as the rules change quickly, so it’s important to watch for official updates.

Expert Opinions and Analysis

Legal experts and advocacy groups have said that the first-generation limit is unfair and goes against the idea of equal citizenship. The Ontario Superior Court agreed, saying the rule created a “second class of citizens” and discriminated based on where someone was born. Bill C-71 was seen as a step forward, but some people thought it was still too strict because it required parents to have lived in Canada for at least 1,095 days before their child’s birth.

Interim discretionary grants help some people, but they do not solve the problem for everyone. Many families are still waiting for a permanent solution. According to analysis by VisaVerge.com, the ongoing delays have left thousands of families in legal limbo, unsure if or when their children will be recognized as Canadian citizens.

What Should Families Do Now?

If you are affected by the first-generation limit, here are some steps you can take:

• Check your eligibility: Review the current rules and see if your child is eligible for Canadian citizenship by descent.
• Consider applying for a discretionary grant: If your child is not eligible under the current rules, you can apply for a discretionary grant. Be sure to include all relevant information and documents.
• Stay informed: Watch for updates from the government and the IRCC. The situation may change quickly after November 20, 2025.
• Contact a legal expert: If you are unsure about your situation, consider speaking with a lawyer who specializes in Canadian citizenship law.
• Prepare for possible changes: If the law changes or the court’s ruling takes effect, you may need to reapply or provide more information.

Official Resources

For the most up-to-date information on Canadian citizenship by descent, the first-generation limit, and discretionary grants, visit the official IRCC website. This site is updated regularly and provides forms, instructions, and contact information.

Key Takeaways

• The first-generation limit on Canadian citizenship by descent is still in effect until at least November 20, 2025.
• The government has not yet passed permanent changes to the Citizenship Act.
• Interim discretionary grants are available, but approval is not guaranteed.
• If the government does not act by November 20, 2025, the court’s ruling will remove the first-generation limit, possibly making many more people eligible for Canadian citizenship.
• Families affected by these rules should review their options, consider applying for discretionary grants, and stay informed about future changes.

Looking Ahead

The next few months are critical for anyone affected by the first-generation limit. The new government has until November 20, 2025, to change the Citizenship Act. If they do not act, the court’s decision will take effect, and the first-generation limit will be removed. This could mean a big change for many families who have been waiting for years.

It’s important to keep checking official sources and be ready to act quickly if the rules change. For now, interim measures are the only option for most people, but a permanent solution may be coming soon. Stay connected with trusted resources and consider seeking legal advice if you have questions about your specific case.

By understanding the current situation, knowing your options, and preparing for possible changes, you can make the best decisions for your family’s future in Canada 🇨🇦.

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First-generation limit → A rule limiting Canadian citizenship by descent to only the first generation born abroad.
Citizenship Act → Canada’s federal law that governs the rules, rights, and process for citizenship acquisition.
Discretionary grant → A temporary citizenship form granted at immigration officers’ discretion under section 5(4) of the Act.
Ontario Superior Court → Provincial court which ruled the first-generation limit unconstitutional and set deadlines for government action.
Bill C-71 → A proposed law intended in 2024 to allow second-generation citizenship with residency requirements.

This Article in a Nutshell

The Canadian first-generation citizenship limit remains active until November 20, 2025, after court delays. Interim discretionary grants provide limited relief, while permanent law reforms await new government action following missed deadlines and political disruptions in 2025.
— By VisaVerge.com