Canadian Citizenship by Descent: New Rules Explained
Canadian Citizenship by Descent: New Rules Explained
Frequently Asked Questions (FAQs)
1. What changed to Canadian citizenship
by descent in December 2025?
Bill C-3 changed the previous first-generation limit.
It gave or restored citizenship to many people born abroad before December 15,
2025 who had previously been excluded and created a new substantial-connection
test for certain children born abroad from December 15, 2025 onward.
2. What was the first-generation limit?
Under the previous rules, a Canadian citizen born
abroad who obtained citizenship by descent generally could not automatically
pass citizenship to a child who was also born outside Canada.
This was commonly referred to as the first-generation limit to citizenship by descent.
3. What happens if I was born outside
Canada before December 15, 2025?
If you were born abroad before December 15, 2025 to a
Canadian parent, you may now automatically be a Canadian citizen even if you
were previously prevented from acquiring citizenship because you were in the
second or a later generation born abroad.
The exact result depends on your family and
citizenship history.
4. What are the rules for children born
abroad on or after December 15, 2025?
If the Canadian parent was also born or adopted
outside Canada, the parent generally needs to demonstrate a substantial
connection to Canada to pass citizenship to a child born abroad in the second
or later generation.
5. What is the substantial-connection
requirement?
The Canadian parent must generally have accumulated
at least 1,095 days of physical
presence in Canada before the child’s birth.
Those 1,095 days are cumulative and do not have to be
consecutive.
6. Does the Canadian parent have to
live in Canada for three continuous years?
No. The 1,095 days of physical presence can be
accumulated over different periods. The legislation does not require the parent
to have spent three uninterrupted years in Canada.
7. What if the Canadian parent was born
in Canada or became Canadian through naturalization?
The substantial-connection test generally concerns
passing citizenship beyond the first
generation born abroad. A child born abroad to a Canadian
parent who was born in Canada or who became Canadian through a grant of
citizenship is generally in the first generation born abroad.
8. Did Bill C-3 take Canadian
citizenship away from anyone who was already a citizen?
No. IRCC states that the 2025 changes did not take
citizenship away from people who were already Canadian citizens before the new
rules came into force.
9. If the new law made me a Canadian
citizen automatically, do I still need to apply for citizenship?
Generally, you would not apply for a grant of
citizenship if you already became a citizen automatically under the law.
Instead, you can apply for a citizenship
certificate as proof of Canadian citizenship.
10. Do the new rules also apply to
children adopted outside Canada?
Yes, Bill C-3 also changed the rules affecting certain people adopted abroad. The rules and application process for adopted children differ from citizenship acquired automatically by birth and should be assessed separately.
Canada
significantly changed its citizenship-by-descent rules on December 15, 2025, when amendments
made by Bill C-3 came into force. The changes affect people born or adopted
outside Canada and, in particular, families where more than one generation was
born abroad.
Before
these changes, citizenship by descent was generally limited to the first generation born outside Canada.
This meant that a Canadian citizen who was themselves born abroad and obtained
citizenship by descent generally could not automatically pass Canadian
citizenship to another child born abroad.
The
new rules treat people differently depending on whether they were born or
adopted before or on/after December 15,
2025.
For
people born outside Canada before
December 15, 2025, Bill C-3 removed the first-generation limit
in many cases. As a result, many people in the second or later generation who
previously could not obtain citizenship because of that limit automatically
became Canadian citizens when the new law took effect. They can apply for a
citizenship certificate as proof of their status.
For
children born outside Canada on or
after December 15, 2025, citizenship can extend beyond the
first generation if the Canadian parent who was also born or adopted abroad
demonstrates a substantial connection
to Canada. This generally requires the parent to have
accumulated at least 1,095 days of
physical presence in Canada before the child’s birth.
The
1,095 days do not need to be consecutive.
Citizenship
by descent can be legally complex because the answer may depend on when the
child and parent were born, where each generation was born, how the parent
became Canadian, and whether the substantial-connection requirement applies.
