Canada’s New Citizenship by Descent Rules Now in Effect Under Bill C-3

Last updated on 36 minutes ago

Ottawa (Visas & Travels) – Canada has implemented major changes to citizenship by descent rules with Bill C-3, An Act to amend the Citizenship Act (2025), taking effect on December 15, 2025. This legislation addresses long-standing inequities in the Citizenship Act, particularly the “first-generation limit” that previously restricted automatic citizenship transmission beyond one generation born abroad.

The reforms respond to a 2023 Ontario Superior Court ruling that declared the first-generation limit unconstitutional for many cases, prompting the government to create a more inclusive framework while maintaining ties to Canada.

Key Changes Under Bill C-3

1. Retroactive Citizenship for Past Cases Individuals born or adopted outside Canada before December 15, 2025, who would have been Canadian citizens but for the first-generation limit or other outdated provisions (known as “Lost Canadians” and their descendants), are now automatically recognized as citizens. They can apply for a citizenship certificate to prove their status, enabling access to passports, voting rights, and other benefits.
2. New Rules for Future Generations For children born or adopted outside Canada on or after December 15, 2025, to a Canadian parent who was also born or adopted abroad (second generation or later):
   • Citizenship by descent is granted if the Canadian parent demonstrates a substantial connection to Canada.
   • This requires at least 1,095 cumulative days (three years) of physical presence in Canada before the child’s birth or adoption.
   • Evidence may include pay stubs, tax records, school transcripts, leases, or other proof of residence.

These rules also apply to adopted children seeking a direct grant of citizenship.

Background and Rationale

The first-generation limit, introduced in 2009, prevented Canadian citizens born abroad from automatically passing citizenship to their children born abroad. This created situations where families felt disconnected from Canadian identity despite strong ties.

Bill C-3 balances fairness for global Canadian families with the principle that citizenship should reflect meaningful connections to Canada.

Implications for Applicants and Families

• Existing Interim Applications: Cases submitted under temporary measures since 2023 will be processed under the new rules.
• Proof of Citizenship: Eligible individuals (including adults) should apply for a citizenship certificate via IRCC – essential for passports and rights.
• No Retroactive Loss: The changes only expand eligibility; no one loses existing citizenship.

For travelers and expats, this opens pathways for descendants to reclaim Canadian status, facilitating easier movement, work, and study in Canada.

The government estimates the reforms could affect tens of thousands over time, restoring ties for many “Lost Canadians.”

Monitor IRCC for application forms and guidance.