Bill C-3 came into force on December 15, 2025, ending Canada's first-generation limit. Learn if you qualify for Canadian citizenship by descent and how to apply.
Canada's citizenship laws changed significantly on December 15, 2025, when Bill C-3, An Act to amend the Citizenship Act came into force. The legislation removes the first-generation limit (FGL) that had, since 2009, prevented many individuals born abroad to Canadian parents from acquiring citizenship — even where strong family and personal ties to Canada existed.
For thousands of families worldwide, this reform restores a long-denied legal status. Many people are now recognized as Canadian citizens by descent, retroactively to the date of their birth.
Under the previous framework, Canadian citizenship could only be transmitted to the first generation born outside Canada. A Canadian parent who was themselves born abroad could not pass citizenship to their foreign-born child, regardless of the family's connection to the country.
In Bjorkquist v. Canada (2023 ONSC 7152), the Ontario Superior Court of Justice ruled that the first-generation limit violated the Canadian Charter of Rights and Freedoms. Bill C-3 is Parliament's response to that decision.
You may be a Canadian citizen by descent if all of the following apply:
Eligibility does not require residence in Canada, prior travel to Canada, or any language or knowledge requirement. Where the conditions are met, citizenship is conferred automatically and retroactively by operation of law.
For children born or adopted abroad on or after December 15, 2025, Bill C-3 introduces a substantial connection test. To transmit citizenship beyond the first generation, a Canadian parent born or adopted abroad must demonstrate at least 1,095 days (three years) of cumulative physical presence in Canada at any point prior to the child's birth or adoption.
This requirement ensures that future transmission of citizenship is tied to a genuine and demonstrable connection to Canada.
Individuals who became citizens under Bill C-3 are recognized as citizens in law but must obtain a Canadian citizenship certificate from Immigration, Refugees and Citizenship Canada (IRCC) as formal evidence of their status. A citizenship certificate is required to:
Proof of citizenship applications are filed directly with IRCC and must include complete supporting documentation establishing the chain of descent.
Citizenship by descent claims frequently involve multi-generational genealogical evidence, including historical birth, marriage, adoption, and naturalization records from multiple jurisdictions. Common complications include:
If you believe you may be a Canadian citizen under Bill C-3, or if you are planning for a child born abroad under the new substantial-connection rule, our firm can review your family history, assess your eligibility, and prepare a complete proof-of-citizenship application.
Contact us today → to discuss your Canadian citizenship by descent claim.
When did Bill C-3 come into force?
Bill C-3 rcame into force on December 15, 2025. From that date forward, the first-generation limit on Canadian citizenship by descent no longer applies.
The first-generation limit (FGL) was introduced in 2009 and restricted the transmission of Canadian citizenship by descent to the first generation born outside Canada. A Canadian parent who was themselves born abroad could not pass citizenship to their foreign-born child. Bill C-3 removed this limit.
In Bjorkquist v. Canada (2023 ONSC 7152), the Ontario Superior Court of Justice ruled that the FGL violated the Canadian Charter of Rights and Freedoms. Parliament responded by enacting Bill C-3 to bring the Citizenship Act into compliance with the Charter.
Yes. The law applies retroactively to the date of birth of eligible individuals born before December 15, 2025. If you qualify, you are considered to have been a Canadian citizen from birth — not from the date the law came into force.
You are likely a Canadian citizen by descent if you were born or adopted abroad before December 15, 2025, at least one of your parents was a Canadian citizen at the time, and you were previously excluded only because of the first-generation limit.
No. Bill C-3 does not require residence in Canada. Eligible individuals are Canadian citizens regardless of where they live.
Yes. Children adopted abroad before December 15, 2025 by a Canadian parent who was also born or adopted abroad are covered under the new rules, on the same terms as biological children.
Yes, in many cases. Bill C-3 removes the first-generation limit for individuals born before December 15, 2025, which means citizenship can flow through multiple generations born abroad, provided the chain traces back to an anchor ancestor who was born or naturalized in Canada.
You may still qualify. The key question is whether your parent was a Canadian citizen at the time of your birth or adoption under the rules in force at that time. A parent's death does not
extinguish a child's claim.
No. If you were already a Canadian citizen before December 15, 2025, your status is unchanged. Bill C-3 only expands citizenship, it does not remove it from anyone.
Potentially, yes. What matters is whether the ancestor was a Canadian citizen at the relevant time under the law then in force. Evidence such as birth records in Canada, naturalization records, or historical registers may be sufficient, even without a modern certificate.
For children born or adopted abroad on or after December 15, 2025, a Canadian parent who was themselves born or adopted abroad must demonstrate a substantial connection to Canada. This is defined as at least 1,095 days (three years) of cumulative physical presence in Canada at any point before the child's birth or adoption.
No. The days can be accumulated at any point in the parent's life before the child's birth or adoption, and do not need to be continuous.
Actual physical presence in Canada counts, regardless of immigration status at the time. This can include days lived in Canada as a citizen, permanent resident, temporary resident, or visitor. Travel records, tax returns, school records, and employment history are commonly used as evidence.
If the Canadian parent cannot demonstrate 1,095 days of physical presence, citizenship will not pass to the child under the new rules. Alternative pathways, such as spousal or dependent sponsorship once the parent returns to Canada, may be available.
Common Situations
Very likely yes, if you were born before December 15, 2025. Under Bill C-3, the first-generation limit no longer blocks your claim. You will need documentation establishing your grandparent's Canadian citizenship and the chain of descent to you.
Possibly. If your parent's Canadian citizenship was restored under earlier amendments, and you were excluded only because of the first-generation limit, Bill C-3 may now recognize you as a citizen. These cases often require legal analysis of multiple overlapping amendments.
Yes. Citizenship by descent does not require any prior presence in Canada. The law focuses on the chain of descent, not on your physical ties to the country.
Yes. Canada permits dual citizenship. Becoming a Canadian citizen does not require you to give up any other nationality, though you should check the rules of your other country of citizenship.
Yes. IRCC offers a simplified renunciation process for individuals who automatically became Canadian citizens under Bill C-3 but do not wish to retain the status.
Not all applications require legal representation, but multi-generational claims, cases with missing historical documents, and applications involving earlier "Lost Canadian" amendments benefit significantly from legal review. A refused application can delay recognition for years.
A lawyer can confirm your eligibility, identify the correct documentary evidence, help obtain records from Canadian and foreign civil registries, prepare the application and supporting submissions, and respond to IRCC requests for additional information.
Yes. Refused proof-of-citizenship applications can often be reconsidered, resubmitted with stronger evidence, or challenged through Federal Court judicial review. Legal advice is strongly recommended before taking any next step.
If you believe you may be a Canadian citizen under Bill C-3, our Montreal immigration lawyers can confirm your eligibility and prepare your proof-of-citizenship application from start to finish.
Our Montreal immigration lawyers offer two levels of service to match your needs:
Book a consultation → to discuss which option is right for your citizenship claim.
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