The best is yet to come
OK
Log out of UNA?
Log out
Cancel
Get Personalized Immigration Plans in 5 Minutes
My Appointments
Welcome to UNA
Unconstitutional Clause in Canada's Citizenship Act Amendment: Court Grants Another Extension Until November 20

Canada's Ontario Superior Court issued a new ruling on April 22, 2025, further extending the federal government's deadline to amend the "First Generation Limit" (FGL) clause in the Citizenship Act concerning the acquisition of citizenship by descent. The new deadline has now been set for November 20, 2025.

Background of the Dispute: The Unconstitutional "First Generation Limit"

Under the current provisions of the Canadian Citizenship Act, if a Canadian citizen has children born abroad, these children can typically automatically acquire Canadian citizenship by descent, even if they are born outside Canada. However, the "First Generation Limit" clause introduced in 2009 changed this rule. The clause stipulates that if a child of a Canadian citizen is born abroad, and that Canadian citizen themselves obtained their citizenship "by descent" (i.e., not born in Canada or naturalized), then their child born abroad cannot automatically acquire Canadian citizenship by descent. This is what is known as the "First Generation Limit."

This "First Generation Limit" clause was ruled unconstitutional by the Ontario Superior Court in December 2023, as it was deemed to infringe upon rights guaranteed by the Canadian Charter of Rights and Freedoms. At that time, the court ordered the federal government to complete legislative amendments within six months.

Legislative Process and Temporary Measures

The federal government chose not to appeal the unconstitutional ruling and introduced Bill C-71 in May 2024, attempting to address the issue by establishing a "Substantial Connection" test – requiring Canadian citizen parents of children born abroad to have resided in Canada for at least three years before the child's birth or adoption. However, Bill C-71 failed to pass and automatically lapsed when Parliament adjourned on January 6, 2025. Prior to this, the court had already granted four extensions to the amendment deadline, the most recent of which extended it to April 25, 2025.

Following the lapse of Bill C-71, the federal government introduced temporary measures on March 13, 2025, allowing individuals affected by the "First Generation Limit" to apply for a discretionary grant of citizenship. Simultaneously, the government requested the court to extend the amendment deadline by a significant 12 months, until March 20, 2026.

Court's Stance and Future Challenges

However, in her ruling issued on April 22, Justice Jasmine Akbarali of the Ontario Superior Court, while approving the extension request, only extended the deadline until November 20, 2025, nearly four months shorter than the government's request. This means that the new Canadian Parliament, to be formed after the election scheduled for April 28, will have approximately eight months to address this urgent legislative task.

Justice Akbarali wrote in her ruling that despite the continued delay causing ongoing hardship for rights holders affected by the "First Generation Limit," she chose to grant the extension considering the complexity of citizenship legislation and the potential negative impact on the public interest if the declaration of unconstitutionality took effect without substitute legislation. However, she also emphasized that "Rights holders should not be forced indefinitely to bear the effects of an unconstitutional law" and that "the public is entitled to expect Parliament to fulfill its legislative responsibilities and pass legislation." The judge explicitly stated her hope that "the party that forms government, if it chooses to prioritize this legislation, should be able to pass remedial legislation within this timeframe."

If the federal government fails to pass the legislative amendment by the new deadline, and the court does not grant further extensions, the court may directly strike down or limit the unconstitutional parts of the Citizenship Act, rendering them ineffective.

Key Timelines Related to this Amendment Process:

DateEvent Description
April 17, 2009First Generation Limit introduced into the Citizenship Act; second generation and subsequent generations born abroad cannot inherit citizenship by descent.
December 19, 2023Ontario Superior Court rules First Generation Limit unconstitutional, first ordered a six-month period for amendment.
May 23, 2024Federal government introduces Bill C-71, establishing a "Substantial Connection" exception test.
January 6, 2025Parliament adjourns, Bill C-71 lapses.
March 13, 2025Temporary discretionary citizenship grant measures introduced, and application filed to extend the amendment deadline to March 20, 2026.
April 22, 2025Ontario Superior Court extends the final legislative deadline to November 20, 2025.

Subsequent Observation:

As Canada is set to hold its election on April 28, the formation of the new government and the setting of its legislative agenda will determine whether this pending citizenship legislation can be passed. If the statutory window is missed again, the "Lost Canadians" issue could remain unresolved for a long time, and the discretionary policy without legislative backing will struggle to provide predictable citizenship assurance for the new generation born abroad. In the coming months, the interplay between Canadian immigration policy and parliamentary efficiency will continue to affect the fate of tens of thousands of families.

Friendly reminder: There are many pathways to immigrate to Canada. We recommend first using UNA AI to generate an objective and neutral immigration plan, so you can gain an initial understanding of the possible immigration pathways and their requirements, and then choose to proceed with one-on-one consultations with a licensed Canadian immigration consultant partnered with UNA.
加拿大调整父母及祖父母超级签证收入计算方式,3月31日起适用新规
Canada Changes How Super Visa Income Requirements for Parents and Grandparents Are Calculated, with New Rules Taking Effect on March 31
The Canadian federal government announced in Ottawa on March 20, 2026, that it will change how income requirements are calculated for the Parents and Grandparents Super Visa starting March 31, 2026. The new policy, to be implemented by Immigration, Refugees and Citizenship Canada (IRCC), is intended to make it easier for more families to qualify while ensuring that family members receive adequate financial support during their stay in Canada. Under the updated rules, a host’s income will no longer be assessed based only on the tax year immediately preceding the application. Instead, hosts may qualify by meeting the requirement in either of the two preceding tax years. In addition, if the host and co-signer have already met the required minimum percentage of income, the income of the visiting parent or grandparent may also be used to make up the remaining amount. IRCC said that all applications already in processing as of March 31, 2026, as well as those submitted on or after that date, will be assessed under the new criteria.
03/21/2026
安省重启硕士与博士毕业生省提名邀请,逾1,100名毕业生获邀申请
Ontario Resumes Provincial Immigration Invitations for Master’s and PhD Graduates, with Over 1,100 Candidates Invited
On March 18, 2026, the Ontario Immigrant Nominee Program (OINP) conducted its third round of invitations of the year and completed six targeted draws on the same day, issuing a total of 1,243 Invitations to Apply (ITAs). Among them, 1,107 ITAs were issued through the Master’s Graduate and PhD Graduate streams, marking the first invitations under these two streams since September 17, 2024. The draws mainly targeted international student graduates and foreign workers with Canadian work experience in specific National Occupational Classification (NOC) occupations. At the same time, Ontario also issued 136 ITAs through its Employer Job Offer streams. These invitations came as the province moves ahead with a major restructuring of its immigration system, with several current categories scheduled to be revoked on May 30, 2026, and replaced by a new framework.
03/20/2026
加拿大快速通道最新法语类别抽选发出4,000份邀请,最低分降至393分
Canada’s Latest Express Entry French-Language Draw Issues 4,000 Invitations, With Cut-Off Score Falling to 393
On March 18, 2026, Immigration, Refugees and Citizenship Canada (IRCC) issued 4,000 Invitations to Apply (ITAs) for permanent residence through the Express Entry system to candidates with French-language proficiency. The minimum Comprehensive Ranking System (CRS) score required in this round was 393, dropping below the 400-point threshold and marking a notable development in recent French-language category-based draws. This selection was not only the 17th Express Entry draw of 2026, but also the third consecutive day of invitations this week, and the third draw this year targeting candidates with French-language ability. Although only three French-language draws have been held in 2026 so far, the category has already received 18,000 ITAs, ranking second among all draw types after the Canadian Experience Class (CEC).
03/19/2026
加拿大快速通道最新CEC抽选发出4,000份邀请,分数降至18个月来最低
Latest Express Entry CEC Draw Issues 4,000 Invitations, With Score Dropping to the Lowest Level in 18 Months
On March 17, 2026, Immigration, Refugees and Citizenship Canada (IRCC) issued 4,000 Invitations to Apply (ITAs) for permanent residence through an Express Entry draw targeting Canadian Experience Class (CEC) candidates. The minimum Comprehensive Ranking System (CRS) score required in this round was 507, marking a further decline compared with recent CEC draws and representing the lowest cut-off score for the category in the past 18 months. As Canada continues in 2026 to focus more heavily on candidates already in the country, applicants with Canadian work experience are emerging as one of the main beneficiary groups in the Express Entry system.
03/18/2026
加拿大快速通道最新一轮省提名类别抽选发出362份邀请
Latest Express Entry Draw Issues 362 Invitations to Provincial Nominees
On March 16, 2026, Immigration, Refugees and Citizenship Canada (IRCC) issued 362 Invitations to Apply (ITAs) for permanent residence to candidates under the Provincial Nominee Program (PNP) through the Express Entry system. In this round, candidates were required to have a minimum Comprehensive Ranking System (CRS) score of 742 and to have created their Express Entry profile before 8:35 p.m. UTC on October 5, 2025. This was the 15th Express Entry draw of 2026 and the sixth targeted draw for provincial nominees this year. Overall, IRCC’s selection pattern in 2026 continues to show a clear preference for candidates already in Canada, particularly those with provincial nominations or Canadian work experience. For more information on past Express Entry draws, readers can visit UNA’s dedicated page.
03/17/2026
卑诗省最新企业家移民抽选同步邀请两类申请人,Base 与 Regional 类别均发出邀请
British Columbia Invites Two Types of Entrepreneur Immigration Candidates in Latest Draw, Issuing Invitations Under Both Base and Regional Streams
British Columbia recently held a new draw under the Entrepreneur Immigration (EI) program of the British Columbia Provincial Nominee Program (BC PNP), issuing invitations to eligible candidates under both the Base and Regional streams. Those invited were mainly business applicants planning to establish a new business in British Columbia or acquire and expand an existing one. In this round, the minimum invitation score was 117 for the Base stream, with 7 invitations issued, while the minimum score for the Regional stream was 129, with fewer than 5 invitations issued. Since the start of 2026, British Columbia has completed five entrepreneur-category draws, reflecting the province’s continued steady pace in attracting business immigrants and supporting regional economic development.
03/16/2026
加拿大放宽农村地区低薪临时外籍工人聘用限制
Canada Eases Hiring Limits for Low-Wage Temporary Foreign Workers in Rural Areas
The Canadian federal government has announced a temporary easing of rules for rural employers using the low-wage stream of the Temporary Foreign Worker Program (TFWP) from April 1, 2026, to March 31, 2027. Under the new policy, eligible rural employers in participating provinces and territories will not only be allowed to maintain their current number of low-wage temporary foreign workers, but will also be able to increase the cap on these workers from 10% to 15% of their total workforce. The move is being seen as a targeted policy adjustment aimed at addressing persistent labour shortages in rural and remote communities. However, the measure will apply only in provinces and territories that choose to participate, and the federal government has not yet released a list of those jurisdictions.
03/14/2026
加拿大移民改革法案 C-12 通过关键立法关口,涉工签、学签及永居文件处置权扩张
Canada’s Immigration Reform Bill C-12 Passes Key Legislative Stage, Expanding Powers Over Work Permits, Study Permits, and Permanent Residence Documents
Bill C-12, introduced by the federal government, has become one of the most significant immigration reform measures in Canada in recent years. According to public legislative records, the bill, titled the Strong Borders Act, passed third reading in the Senate on March 12, 2026, and is now listed on the official legislative tracker as “awaiting royal assent.” The immigration-related provisions of the bill are concentrated in three main areas: granting the Governor in Council broader authority to pause, terminate, or alter immigration applications and issued documents; reshaping asylum eligibility rules in Canada; and expanding the scope of personal information sharing between the immigration department and other government institutions. For international students, work permit holders, permanent resident visa applicants, and potential refugee claimants, the bill could bring substantial and far-reaching changes once it formally comes into force.
03/13/2026
西北地区省提名计划正式开放雇主驱动类及法语类通道,首次EOI抽签定于3月25日
Northwest Territories Opens Employer-Driven and Francophone Immigration Streams, First EOI Draw Set for March 25
The Northwest Territories Nominee Program (NTNP) officially opened its Employer-Driven and Francophone Streams on March 9, 2026. The Employer-Driven Stream has transitioned to an Expression of Interest (EOI) selection model, with its inaugural draw scheduled for March 25, when up to 65 eligible candidates will be invited to submit full applications. The Francophone Stream will continue accepting direct applications on a first-come, first-served basis. For the 2026 cycle, the federal government has allocated 197 nomination spaces to the Northwest Territories.
03/11/2026
加拿大为台湾与葡萄牙青年新增两项便利化工签通道
Canada Introduces Two New Facilitated Work Permit Pathways for Youths from Taiwan and Portugal
Canada has recently introduced two new facilitated work permit pathways under the International Experience Canada (International Experience Canada, or IEC) program for young people from Taiwan and Portugal. These are the TGPI program for Taiwanese youth and the Inov Contacto program for Portuguese youth. Both new pathways offer employer-specific work permits and include tailored arrangements in terms of program structure, financial support, and eligibility requirements. At the same time, applicants from Taiwan and Portugal may still continue to apply under the regular criteria for the IEC Young Professionals category. The new policy suggests that Canada is further expanding youth talent exchange and short-term employment cooperation with specific countries and regions through bilateral youth mobility arrangements.
03/10/2026
Sorry, your request failed
Please try again
OK