For many Canadian families living overseas, passing down citizenship to their children has been a complicated and often heart-breaking process. Now, with a major deadline looming, many are wondering what the future holds. The Ontario Superior Court of Justice recently extended the deadline for amending the unconstitutional First-Generation Limit (FGL) in the Citizenship Act to November 20, 2025. While this extension offers the government more time, affected families remain in a state of uncertainty. In this article, we’ll break down what this update means, why it matters, and what steps you can take if you’re impacted.
Understanding the First-Generation Limit (FGL)
The First-Generation Limit (FGL) came into effect in 2009, restricting citizenship by descent. Under this rule:
- Eligible: Children born abroad to Canadian citizens who were either born in Canada or naturalized.
- Not Eligible: Children born abroad to Canadian citizens who themselves inherited citizenship by descent.
This restriction meant that many children born outside Canada to Canadian parents lost their automatic right to citizenship, simply because of how their parents had acquired theirs.
In December 2023, the Ontario Superior Court found the FGL unconstitutional, recognizing that it violated rights protected under the Canadian Charter of Rights and Freedoms.
Why Has the Deadline Been Extended Again?
Initially, the Court gave the government six months to fix the Citizenship Act. However, several delays—including political changes and a prorogued Parliament—meant that Bill C-71, which aimed to amend the Act, never passed.
Here’s a quick look at the timeline:
| Date | Event |
| 2009 | FGL introduced |
| December 2023 | Court declares FGL unconstitutional |
| May 2024 | Bill C-71 introduced |
| January 2025 | Parliament prorogued, Bill C-71 dies |
| March 2025 | Interim measures introduced |
| April 22, 2025 | Deadline extended to November 20, 2025 |
The new extension gives the incoming government after the April 28 election an eight-month window to introduce and pass new legislation.
What This Means for Families
If you’re affected by the FGL, this extension can feel like yet another delay in securing your child’s rightful citizenship. However, interim measures are currently in place, allowing affected individuals to apply for discretionary citizenship grants.
Key points for families:
- Temporary Relief: You can apply for discretionary grants, but they are not automatic.
- Legislation Pending: A permanent fix depends on the new government’s priorities.
- Potential Risks: If the government fails to act by the deadline, the Court could strike down parts of the Citizenship Act without replacement measures in place.
It’s essential to stay informed and consider seeking professional advice to explore available options during this period.
Steps You Can Take Right Now
Until permanent legislation is passed, here’s what you can do:
- Consult an Immigration Expert: Get professional guidance on applying for a discretionary grant.
- Prepare Documentation: Gather necessary proof of your Canadian parentage and any other supporting documents.
- Stay Updated: Follow government announcements after the election closely.
Being proactive can help you stay ahead, especially when policy changes could come quickly in the next few months. The Canadian Citizenship Act update brings both hope and uncertainty for families abroad. With the deadline now extended to November 20, 2025, the ball is firmly in the new government’s court.
The issue of citizenship by descent touches the lives of thousands, and it’s critical that the incoming leadership addresses it promptly. For now, staying informed and considering all available options will be key for those affected by the Canadian Citizenship Act changes.
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