By Omar AlSaadi, Articling Student, Lewis & Associates LLP
For years, many families with deep roots in Canada were told that their children or grandchildren born abroad could not be Canadian. The “first-generation limit” meant that citizenship by descent stopped with the first person born outside Canada. On December 15, 2025, that changed. Bill C-3 reopened citizenship by descent for many people born abroad in the second and later generations and set a new rule for future generations.
This guide explains who is now a Canadian citizen, how the new 1,095-day rule works for children born or adopted after the change, how to prove your citizenship and get a Canadian passport, and when you might need legal help. For families who already know they will need a visa, permanent residence or another path of immigration to Canada, Bill C-3 may offer a simpler route, because a citizen does not need to immigrate at all.
Bill C-3 · In force December 15, 2025
Citizenship by Descent at a Glance
The first-generation limit no longer cuts off every family born abroad. Your birth date decides which rule applies.
Most people born abroad to a Canadian parent, in any generation, are now citizens automatically. No residence in Canada is required.
If the Canadian parent was also born or adopted abroad, that parent needs 1,095 days of physical presence in Canada before the child’s birth.
Adopted children of second-generation Canadians can apply for a citizenship grant. The 1,095-day test applies to adoptions on or after Dec 15, 2025.
Being a citizen is not the same as having proof. Apply for a citizenship certificate before applying for a Canadian passport.
What Was the First-Generation Limit?
Under rules introduced in 2009, a child born outside Canada was a citizen by descent only if the Canadian parent was born in Canada or naturalized. If the Canadian parent had also been born abroad to a Canadian, the child generally was not a citizen, even if the family had strong ties to Canada. The rule created a group often called “Lost Canadians”, together with people who had lost citizenship under older rules requiring them to take steps to keep it before age 28.
In December 2023, the Ontario Superior Court of Justice found that the first-generation limit, as it stood, was unconstitutional for many people (Bjorkquist v. Canada (Attorney General), 2023 ONSC 7152). The government did not appeal. It introduced an interim measure allowing affected people to apply for discretionary grants of citizenship and then introduced Bill C-3 on June 5, 2025. According to the IRCC backgrounder, the bill received royal assent on November 20, 2025 and came into force on December 15, 2025.
Who Is a Canadian Citizen After Bill C-3?
The IRCC guidance on the 2025 rules counts generations from the first person born or adopted outside Canada to a Canadian citizen. That Canadian could have been born in Canada or naturalized. The second generation is a person born abroad to that first-generation Canadian, and so on.
| Your situation | Result | What to do |
|---|---|---|
| Born abroad to a parent born in Canada or naturalized | Citizen by descent (first generation); not affected by Bill C-3 | Apply for a citizenship certificate if you do not have one |
| Born abroad before Dec 15, 2025, in the second or later generation | In most cases, a citizen automatically | Apply for a citizenship certificate to prove it |
| Born abroad on or after Dec 15, 2025, to a Canadian parent born or adopted abroad | Citizen only if that parent had 1,095 days of physical presence in Canada before the birth, or a Crown servant exception applies | Gather proof of the parent’s days in Canada, then apply for a certificate |
| Adopted abroad before Dec 15, 2025, by a second-generation Canadian | Not automatic, but may apply for a direct grant of citizenship | Apply using the adopted person application |
| Adopted abroad on or after Dec 15, 2025, by a Canadian born or adopted abroad | May apply for a direct grant if the parent had 1,095 days in Canada before the adoption | Gather presence evidence and adoption records |
| Already a Canadian citizen before Dec 15, 2025 | No change | Nothing required |
Bill C-3 also applies to people whose parent became a citizen because of the same changes. In other words, if your parent is now Canadian under Bill C-3 and you were born before December 15, 2025, you may also be a citizen automatically. Those who became citizens this way do not need to have lived in Canada.
The New 1,095-Day Rule for Future Generations
For children born or adopted abroad on or after December 15, 2025, Parliament replaced the strict cut-off with a substantial connection test. Under section 3(3) of the Citizenship Act, a child born abroad to a Canadian parent who was also born or adopted abroad is a citizen only if a Canadian parent was physically present in Canada for at least 1,095 days before the child’s birth. IRCC describes these as days of cumulative physical presence, so the days do not need to be consecutive.
How the test differs from the citizenship grant
The 1,095 days look familiar because adult applicants for a grant of citizenship also need 1,095 days of physical presence, but only within the five years before they apply. The descent test has no five-year window: the days can come from any period before the child is born, such as years spent studying, working or living in Canada. It is also different from the 730-day test for keeping permanent resident status.
The Crown servant exception
The rule does not apply where, at the time of the birth, a Canadian parent was employed outside Canada with the Canadian Armed Forces, the federal public administration or a provincial public service, other than as a locally engaged person. Related exceptions cover children whose grandparent held that kind of employment when the parent was born or adopted.
Practical planning
- Count the days: Canadians born abroad who are planning a family outside Canada should calculate their total days in Canada now.
- Keep the evidence: school transcripts, tax returns, employment records, leases and entry and exit records help prove presence years later.
- If a child does not qualify: the family may still have options, such as sponsoring the child for permanent residence, which can lead to citizenship later.
For a child who does not qualify by descent, family sponsorship rules, similar to those in our spousal sponsorship guide, may provide a route to permanent residence.
Adopted Children
Adopted children do not become citizens automatically through descent. Instead, they can apply for a direct grant of citizenship using IRCC’s application for a person adopted by a Canadian citizen. The application has two parts: the Canadian parent’s part and the adopted person’s part, which assesses whether the adoption meets the legal requirements.
Under Bill C-3, a person adopted abroad before December 15, 2025 by a Canadian who was born or adopted abroad may now be eligible. For adoptions on or after that date, the Canadian parent must have spent at least 1,095 days in Canada before the adoption. The adoption must also be genuine and must not have been arranged mainly to gain immigration or citizenship status.
How to Prove Your Citizenship and Get a Passport
Process
From “Am I Canadian?” to a Canadian Passport
If Bill C-3 made you a citizen, these are the usual steps to prove it.
- 1Map your family line: identify the Canadian ancestor and every birth or adoption between that person and you.
- 2Gather the chain of documents: birth certificates naming parents for each generation, plus proof of the ancestor’s Canadian citizenship.
- 3Apply for a citizenship certificate: the IRCC fee is $75. If you already applied under the interim measure, you do not need to apply again.
- 4Receive your certificate: this is your proof of citizenship. It does not expire.
- 5Apply for a Canadian passport: use the certificate as proof of citizenship, then travel to Canada as a Canadian.
Becoming a citizen by operation of law does not give you a document. To use your citizenship, you need proof. IRCC’s proof of citizenship page explains how to apply for a citizenship certificate. If you applied under the interim measure and your application is still in progress, IRCC will process it under the new rules and you do not need to apply again.
| Application | Who it is for | IRCC fee |
|---|---|---|
| Citizenship certificate (proof) | Anyone who is already a citizen, including by Bill C-3 | $75 |
| Search of citizenship records | Confirming whether a record exists; the letter is not proof of citizenship | $75 |
| Citizenship for an adopted person, under 18 | Children adopted abroad by a Canadian citizen | $100 |
| Citizenship for an adopted person, 18 or older | Adults adopted abroad by a Canadian citizen | Adult processing fee plus the right of citizenship fee |
| Renunciation | Citizens who wish to give up Canadian citizenship | $100 (a simplified process exists for some Bill C-3 citizens) |
Checklist
Documents for a Descent-Based Application
Applications succeed or fail on the paper trail. Each generation must be linked.
- Your long-form birth certificate naming your parents
- Your parent’s birth certificate, and the same for each earlier generation back to the Canadian ancestor
- Proof of the ancestor’s Canadian citizenship, such as a Canadian birth certificate, citizenship certificate or naturalization record
- Marriage, name-change or divorce records that explain different names across generations
- Adoption orders and related court records, if anyone in the line was adopted
- For children born on or after Dec 15, 2025: proof of the parent’s 1,095 days in Canada, such as school, tax, employment, lease and travel records
- Government photo identification and certified translations of any document not in English or French
Giving Up Citizenship You Did Not Ask For
Not everyone wants to be Canadian. Some people may live in a country that restricts dual citizenship or have other reasons for not wanting it. According to IRCC, people born before December 15, 2025 who became citizens automatically under Bill C-3, and were not previously granted citizenship, can use a simplified renunciation process. Renunciation is a serious step that can affect your children’s citizenship too, so get advice before applying. Note also that citizenship obtained through false information can later be revoked, so accuracy in every application matters.
If Your Application Is Refused or Delayed
Descent cases can be complicated: missing records, name changes, adoptions, older citizenship laws and the question of whether a parent truly met the 1,095 days. If IRCC refuses a citizenship certificate or grant, you can apply to the Federal Court for leave and judicial review, generally within 30 days. Our guide to refusals and judicial review explains how that process works. Lengthy delays can sometimes also be challenged in court.
How Lewis & Associates Can Help
Lewis & Associates LLP has helped families with Canadian citizenship and immigration matters for more than 30 years, including citizenship certificate and grant applications, complex descent and adoption cases, and Federal Court challenges through our immigration litigation practice. An experienced Canada immigration lawyer can review your family history, identify the documents you need and spot problems before they cause a refusal.
If you think Bill C-3 may have made you or your children Canadian, or you are a Canadian born abroad planning to have or adopt a child outside Canada, contact us. You can book a consultation, meet our lawyers, or contact our office.
Frequently Asked Questions
What is Bill C-3?
Bill C-3, An Act to amend the Citizenship Act (2025), changes the first-generation limit on citizenship by descent. It received royal assent on November 20, 2025 and came into force on December 15, 2025.
I was born abroad to a Canadian parent who was also born abroad. Am I Canadian now?
If you were born before December 15, 2025, you are, in most cases, now a Canadian citizen automatically, with no residence requirement. Individual family histories vary, so it is worth confirming your position before you apply for a passport.
What is the 1,095-day rule?
For a child born or adopted abroad on or after December 15, 2025, a Canadian parent who was also born or adopted abroad must have been physically present in Canada for at least 1,095 days in total before the child’s birth or adoption. The days are cumulative and do not have to fall within a particular five-year window.
Does the 1,095-day rule apply if my parent was born in Canada?
No. If your Canadian parent was born in Canada or became a citizen by naturalization, you are a first-generation Canadian born abroad and are a citizen by descent without any presence test.
Are there exceptions to the 1,095-day rule?
Yes. The rule does not apply where, at the time of the birth, a parent was working abroad for the Canadian Armed Forces, the federal public administration or a provincial public service, other than as a locally engaged employee. Related exceptions apply to the children of such Crown servants.
How do I prove I became a citizen under Bill C-3?
Apply to IRCC for a citizenship certificate. The fee is $75. Once issued, the certificate is your proof of citizenship and can be used to apply for a Canadian passport.
I applied under the interim measure. Do I need to apply again?
No. IRCC has said that applications still in progress under the interim measure will be processed under the new rules, and a new certificate application is not required.
Can my adopted child become a Canadian citizen?
If you are a Canadian citizen and adopted a child abroad, the child may apply for a direct grant of citizenship. Where the adoptive parent was born or adopted abroad and the adoption happens on or after December 15, 2025, the parent must meet the 1,095-day presence requirement.
Can I give up citizenship I received automatically?
Yes. People born before December 15, 2025 who became citizens automatically under Bill C-3, and were not previously granted citizenship, can use a simplified renunciation process. Get advice first, because renunciation has lasting consequences.
What if IRCC refuses my citizenship certificate?
A refusal can be challenged by applying for leave and judicial review at the Federal Court. The deadline is short, generally 30 days, so get legal advice as soon as you receive the decision.
This article provides general information about Canadian citizenship law as of November 2026 and is not legal advice. Rules, fees and IRCC practices change, and every case depends on its own facts. Speak with a lawyer before applying, travelling or renouncing citizenship.
