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1. Citizenship Act Amendments
On December 19, 2023, the Ontario Superior Court of Justice issued a landmark ruling, Bjorkquist et al. v. Attorney General of Canada, declaring that the "second-generation cut-off" rule at section 3(3)(a) of the Canadian Citizenship Act (the "Act") contravenes sections 6 and 15 of the Charter and is unconstitutional.
As a result, the Government introduced Bill C-3 in June 2025, which received royal assent in November 2025, and came into effect on December 15, 2025.
Through these amendments, there is now a broader class who may be eligible to apply for citizenship by descent. The effects of Bill C-3 are summarized by IRCC as follows:
- "people who automatically became Canadian citizens under the new law can apply to get proof of Canadian citizenship
- people adopted abroad before December 15, 2025, by a Canadian parent born or adopted abroad can apply for Canadian citizenship for an adopted child
- people born or adopted abroad on or after December 15, 2025, to a Canadian parent also born or adopted abroad must demonstrate that their Canadian parent has spent three years in Canada when applying for proof of Canadian citizenship, or applying for Canadian citizenship for an adopted child
- people born before December 15, 2025, who automatically became Canadian citizens under the new law and were not previously granted citizenship, and who now want to give up (renounce) Canadian citizenship can apply through a simplified renunciation process"
Pursuant to these changes, there is no longer a first-generation limit to citizenship. This means that an individual who is the first generation born outside Canada to a Canadian citizen born in Canada, can claim Canadian citizenship by decent. Additionally, in certain circumstances, individuals born outside Canada in the second-generation or beyond may claim Canadian citizenship by descent.
Individuals in the second generation born or adopted prior to December 15, 2025, generally, may automatically become a Canadian citizen if they were born outside Canada to a Canadian parent. Individuals in the second generation born or adopted after December 15, 2025, may be eligible for Canadian citizenship if their parent was also born or adopted outside Canada to a Canadian citizen, and that parent had spent at least 1095 days in Canada prior to the birth or adoption of the child.
2. Significant Changes to the Start-Up Visa Program
Among one of the most notable changes to business immigration in 2025 was recently announced by IRCC. Effective December 19, 2025, IRCC announced that they will no longer be accepting applications for the optional work permit available to SUV Program applicants, except for those already in Canada applying to extend their current SUV work permit.
IRCC maintains that it will prioritize permanent residence applications of those SUV applicants who are currently in Canada on a valid SUV-specific work permit.
Furthermore, effective December 31, 2025, IRCC will no longer accept new permanent residence applications under the SUV program, with the exception of applicants that have obtained the commitment of a designated organization in 2025. To read more about these changes, please see our prior blog post here.
3. Removal of Arranged Employment CRS Points for Express Entry Candidates
Effective March 25, 2025, IRCC announced that they would no longer be awarding Comprehensive Ranking System (CRS) points for arranged employment to Express Entry candidates in the Express Entry pool. Prior to this change, Express Entry candidates would receive an additional 50 or 200 CRS points to their profile for arranged employment, including those supported by a Labour Marked Impact Assessment (LMIA). For candidates who were relying on arranged employment points, this change significantly altered their position as their scores are now compared relatively to those without arranged employment. Some applicants may also find themselves significantly below the required cut-off score to be invited to apply for permanent residence. This change follows IRCC's focus on combatting fraud and ensuring fairness in the immigration process.
4. Launch of the Home Care Worker Immigration Pilots
On January 24, 2025, IRCC announced that they would begin accepting applications for the Home Care Worker Immigration Pilots on March 31, 2025. Through this program, IRCC announced two pilot programs, for workers in child care and for home support. The highly anticipated pilots offered a pathway to permanent residence for skilled workers in the home childcare or home support in Canada industries. The 2025 intake for Workers in Canada stream of these pilots were competitive, and IRCC has recently announced that they will not be re-opening this program in March 2026.
5. IRCC's Commitment to the Parents and Grandparents Program
On March 7, 2025, IRCC announced that they intend to accept up to 10,000 complete applications through the Parents and Grandparents (PGP). IRCC indicated that they will continue to conduct draws from the 2020 PGP sponsorship pool. Throughout July to August 2025, IRCC invited interested potential sponsors to apply pursuant to this program. IRCC has announced that they will continue to process applications received in 2025 through 2026.
6. New Immigration Levels Plan Announced
Earlier this year, IRCC released its 2026-2028 Immigration Levels Plan. Continuing its trend in reducing Permanent Residents with a cap of 380,000 per year from 2026 to 2028, a notable reduction from previous years. However, IRCC has continued to emphasize the role of economic immigration, with nearly two-thirds of these quotas being allocated to economic immigrants, including those in Federal and Provincial programs.
IRCC also introduced quotas on temporary residents, a notable shift in immigration policy in Canada. Although the Immigration Levels Plan points to a reduction in temporary residents in Canada, it is relevant to note that these quotas reflect new workers and students arriving in Canada, and do not include those applying for study or work permit extensions, in-Canada study and work permit applications, asylum claimants, nor those arriving in Canada as visitors (with a temporary resident visa or electronic travel authorization).
To read more on the 2026-2028 Immigration Levels Plan, please see our previous blog post.
7. Immigration Law at the Supreme Court: Pepa v. Canada (Citizenship and Immigration)
In 2025, the Supreme Court of Canada considered immigration and refugee legal issues in the seminal case of Pepa v. Canada (Citizenship and Immigration) 2025 SCC 21.
In Pepa, the Court considered section 63(2) of the Immigration and Refugee Protection Act (IRPA), which indicates that "A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision to make a removal order against them under subsection 44(2) or made at an admissibility hearing."
The appellant, Ms. Pepa, who had entered Canada with a permanent resident visa as an accompanying dependent of her father, had been issued a removal order upon entry as she declared that she had recently married – a factor that was not disclosed in her application and would have impacted her eligibility to be considered a dependant of her father. As such, the appellant argued that Ms. Pepa did not hold a permanent resident visa due to the expiry of her visa and was unable to appeal this removal order pursuant to section 63(2) of the IRPA. This interpretation was upheld by both the Federal Court, and the Federal Court of Appeal.
At the Supreme Court, Martin J. writing for the majority, allowed the appeal, and found that the Immigration Appeal Division (IAD)'s interpretation of section 63(2) was unreasonable, as it failed to consider a sufficient statutory interpretation analysis to interpret the provision of "holds a permanent resident visa." Specifically, Martin J. emphasized that the IAD's interpretation fell short of the reasonableness standard, as it did not adequately assess the grammatical and ordinary meaning within the scheme of IRPA, the object of IRPA, and the intention of Parliament.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
