Canadian citizenship by descent just opened up to thousands of people who were locked out for over a decade. Bill C-3, An Act to Amend the Citizenship Act, came into effect on December 15, 2025. It changed who can claim Canadian citizenship through birth or adoption abroad and restored citizenship to thousands of people previously excluded by an outdated rule.
If you were born outside Canada to a Canadian parent who was also born outside Canada, this law may apply to you. The same is true if you were adopted abroad, or if your family was affected by the “Lost Canadians” provisions of earlier citizenship laws.
This article explains what changed, who qualifies, and what to do next.
What Was the First-Generation Limit, and Why Did It Get Struck Down?
Before Bill C-3, Canada’s Citizenship Act had what is known as the first-generation limit. The rule allowed Canadian citizens to pass citizenship to a child born abroad, but only if that Canadian parent was born or naturalized inside Canada.
If the parent was also born abroad, the child had no automatic right to Canadian citizenship. This applied regardless of how connected the family was to Canada, whether they visited regularly, sent their children to Canadian schools, or held Canadian property.
On December 19, 2023, the Ontario Superior Court of Justice declared core parts of this rule unconstitutional. The Government of Canada chose not to appeal, acknowledging the first-generation limit had produced unacceptable outcomes for Canadian families abroad.
Bill C-3 was introduced on June 5, 2025, received royal assent on November 20, 2025, and came into force on December 15, 2025.
What Bill C-3 Changed for Canadian Citizenship by Descent
The changes fall into two categories: retroactive restoration for people already born or adopted abroad, and a new framework for births and adoptions going forward.
1. Automatic Citizenship for Those Born Abroad Before December 15, 2025
People born abroad to a Canadian parent who was also born or adopted abroad automatically became Canadian citizens when Bill C-3 came into force, provided they were not already citizens.
This includes:
- Those whose Canadian parent was born abroad and could not pass citizenship under the old first-generation limit
- Those who were Canadian citizens at birth but lost that citizenship automatically at age 28 under an old retention rule that required them to apply to keep it
- Children and grandchildren of people whose citizenship was restored by earlier legislation in 2009 and 2015, but who were still excluded because of the first-generation limit
Many of the people in these groups are referred to as “Lost Canadians”, a term that has come to describe anyone who lost or never received Canadian citizenship due to outdated provisions in the law.
If any of those descriptions sound like your situation, you may now be a Canadian citizen. Start by using IRCC’s Check if you’re a Canadian citizen tool to confirm your status. From there, you can apply for a citizenship certificate as your official proof.
If you were adopted rather than born into this situation, the process is different. You apply through IRCC’s Canadian citizenship for an adopted child pathway instead.
2. A New Framework for Those Born or Adopted Abroad on or After December 15, 2025
For children born or adopted abroad on or after December 15, 2025, citizenship still passes beyond the first generation, but the Canadian parent must demonstrate a substantial connection to Canada. “Substantial connection” is the legal term used in Bill C-3 for at least 1,095 cumulative days, roughly three years, of physical presence in Canada before the child’s birth or adoption.
Start gathering documentation now if you plan to have or adopt a child abroad:
- Canadian border entry and exit records
- School enrollment records or transcripts
- Proof of Canadian address, such as a lease or utility bill
The three-year presence requirement applies whether the child is born abroad or adopted abroad. The application process differs slightly between the two:
- Children born abroad apply through the proof of Canadian citizenship process
- Children adopted abroad apply through the Canadian citizenship for an adopted child process
In both cases, the Canadian parent’s physical presence documentation is required at the time of application.
Did You Know?
The Parliamentary Budget Officer estimated that around 115,000 people could be affected by Bill C-3. Based on application patterns from previous legislative changes, IRCC expects the actual number who come forward will be considerably lower.
What Should You Do Next?
If any of the situations described in this article apply to you, start here:
- Use IRCC’s Check if you’re a Canadian citizen tool to confirm your status.
- Apply for a citizenship certificate as your official proof.
- Once approved, use your certificate to apply for a Canadian passport before travelling to Canada to avoid delays at the border.
If your situation is complex or you are unsure which provisions apply to you, we recommend speaking with a qualified immigration consultant before submitting any application. Book a consultation with Dr. Joe to get a clear answer on where you stand.
Additional Reading
6 Benefits of Canadian Citizenship That Make It Worth the Leap from Permanent Residence
The benefits of Canadian citizenship extend far beyond what permanent residence offers. If you’re living in Canada as a permanent resident, you’ve probably questioned whether pursuing citizenship makes sense.
Key Takeaways
- Bill C-3 came into effect on December 15, 2025, and expanded who can claim Canadian citizenship by descent.
- People born abroad before that date to a Canadian parent also born abroad may now be automatic Canadian citizens.
- “Lost Canadians” and their descendants are included in the new legislation.
- For births and adoptions on or after December 15, 2025, the Canadian parent must show 1,095 cumulative days of physical presence in Canada.
- Acceptable proof includes border records, school transcripts, and proof of Canadian residence.
Frequently Asked Questions
Does Bill C-3 apply to me if I was born before 2009?
Yes, if either of the following applies to you:
- You were born abroad to a Canadian parent who was also born abroad, and you were excluded from citizenship under the first-generation limit
- You were born between February 15, 1977, and April 16, 1981, and lost your citizenship automatically at age 28 under the old retention rule
Bill C-3 also covers descendants of Lost Canadians whose citizenship was remedied in 2009 and 2015 but whose children and grandchildren were still excluded by the first-generation limit.
If none of those situations apply to you, Bill C-3 likely does not affect your citizenship status.
Do I need to pass a language or security test to receive citizenship under Bill C-3?
No. Bill C-3 does not include requirements for language assessments, knowledge of Canada tests, or security screenings for people who become citizens by descent. This is consistent with how other Canadians born abroad are treated.
What if I become a citizen under Bill C-3 but do not want Canadian citizenship?
Bill C-3 includes a simplified renunciation process for people who automatically became citizens under the new law and choose not to retain that status. You apply through IRCC’s renounce Canadian citizenship page. The process is simplified for people who became citizens automatically under Bill C-3.
Ready to Find Out If You Qualify?
Canadian citizenship by descent is a right, but confirming eligibility and building a strong application takes care and experience. Dr. Joe Greenholtz spent years working inside Canada’s immigration system as a Foreign Service Officer. He knows how applications are reviewed because he reviewed them.
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