Canada on Monday announced the implementation of fairer rules related to citizenship by descent, with Bill C-3, An Act to Amend the Citizenship Act (2025) coming into effect.
The legislation, which had received royal assent earlier in November this year, had proposed modernizing laws related to citizenship by descent to be "reflective of how Canadian families live today, both in and outside Canada".
With it now in effect, people born on or before 15 December 2025, who would have been Canadian citizens if not for the 'first-generation limit' or other outdated rules, can now apply for citizenship certificates.
"For many, this moment has been long awaited. Today’s changes affirm their place in the Canadian family and strengthen the sense of belonging that citizenship represents," Immigration, Refugees and Citizenship Canada said in a statement.
What changes for prospective Canadian citizens?
The previous rule in Canada, which was implemented in 2009, imposed a strict, automatic 'First-Generation Limit' that had placed restrictions on citizenship on people born outside the country.
Under the previous rule, if you were born outside Canada to a Canadian parent who was also born outside Canada, you would not automatically be eligible to be a Canadian citizen at birth.
Regardless of an outside-born Canadian parent's ties to Canada, it was not possible to pass on citizenship to children, if these children were born abroad.
The new rule, effective 15 December 2025, removes this First-Generation Limit, enabling a Canadian parent born abroad to pass citizenship to their child born abroad. The parent, however, has to meet the new 'Substantial Connection' test.
What is the 'Substantial Connection' test?
A Canadian parent born abroad looking to pass citizenship to their children born abroad must demonstrate that they have substantial ties to Canada.
They can do so by proving physical presence in Canada for a cumulative total of 1,095 days (three years) before their child's birth or adoption.
Retrospective restoration for 'lost Canadians'
Children who were born between 2009 and 2025 to Canadian parents affected by the earlier rule were legally excluded from citizenship at birth.
Under the new rule's restorative provision, these excluded people are now automatically recognized as Canadian citizens, meaning they don't need to meet the 'Substantial Connection' test and can immediately apply for a Proof of Citizenship certificate.
Does anything change for adopted children?
Children born abroad and adopted by Canadian parents were also previously subject to the 'First-Generation Limit' restrictions.
Now, however, these children too are eligible for citizenship, provided their parents can meet the 'Substantial Connection' criteria, i.e., having lived in Canada for three years prior to adoption.
