Canada’s New Citizenship by Descent Explained

Bill C-3, An Act to Amend the Citizenship Act, came into force on December 15, 2025, introducing major changes to Canada’s citizenship-by-descent rules.

What Changed Under Bill C-3

The Act permanently removes the first-generation limit to Canadian citizenship to those born or adopted abroad to a Canadian parent prior to December 15, 2025. As a result, many people who were previously excluded from Canadian citizenship are now Canadian citizens.

In practical terms, a person born or adopted outside Canada before December 15, 2025 is now considered Canadian if that person (the “Relevant Person”) is the second or later generation of a Canadian citizen who was born in Canada or who was naturalized prior to the Relevant Person’s birth or adoption. Citizenship is recognized retroactively, meaning it is considered to have existed since the individual’s date of birth or adoption. There is no generational limit to how far citizenship is recognized. Grandparents and great grandparents who previously lost or were denied Canadian citizenship under past laws are also Canadian.

Moving forward, for any person born or adopted after December 15, 2025, there is a clear framework to pass Canadian citizenship to their children beyond the first generation. An individual who was born abroad to a Canadian (who was also born abroad or naturalized) must demonstrate that their parent meets a substantial connection test. The parent must prove they were physically present in Canada for a cumulative period of 3 years (1,095 days) prior to their child’s birth or adoption.

How to apply if born or adopted before December 15, 2025

Individuals of the second generation or later who are Canadian under the amended Act can now apply for proof of Canadian citizenship. For those adopted in the second generation or later, they can apply for Canadian citizenship through a direct grant for adopted people. Once the applications are approved, a Citizenship Certificate is issued showing the date of citizenship to match their date of birth or adoption.

Individuals must establish a clear familial lineage to their Canadian parent, grandparent, or great-grandparent using supporting documentation. This may include:

• Birth certificates
• Adoption records
• Marriage certificates
• Census records
• Immigration or naturalization documents
• Other official records proving both the family relationship and the Canadian ancestor’s place of birth or naturalization

As of the date of writing this article, individuals applying under these amendments are instructed to submit paper applications. Processing times for proof of citizenship are expected to increase significantly as thousands of people worldwide become aware of the amended Act and discover their eligibility.

Implications of Bill C-3

The significance of Bill C-3 will not be fully realized until Canada can provide data on the number of citizenship certificates issued over the next few years. Nevertheless, there are important implications to those who are now recognized as Canadian.

• Lost Canadians: “Lost Canadians” are individuals who lost or were denied citizenship under previous versions of the Citizenship Act. Because Bill C-3 retroactively removes the first-generation limit, citizenship for many Lost Canadians has now been restored. The Act also provides clearer rules for future generations, reducing the risk of similar exclusions going forward.

• Travel requirements to Canada: Canadian law requires all Canadian citizens to enter or transit through Canada using a Canadian passport if traveling by air. This rule applies to dual citizens as well, with a limited exception for U.S.–Canadian dual nationals, who may travel with either a U.S. or Canadian passport. Individuals who are now automatically Canadian under Bill C-3 must first obtain a citizenship certificate and then apply for a Canadian passport.

• Renouncing Canadian Citizenship: Some individuals may not wish to hold Canadian citizenship. Reasons could include restrictions on dual nationality in their home country, potential tax implications, or the administrative burden of maintaining a Canadian passport. In such cases, individuals must formally apply to renounce Canadian citizenship. Renunciation results in the loss of all rights and privileges associated with citizenship. Importantly, renunciation may also prevent a future generation from being Canadian. If an individual renounces Canadian citizenship prior to the birth of their child or adoption of a child abroad, their child may not have the right to Canadian citizenship.

• Canadian Talent Pool: Canada’s available talent pool is now bigger and extends beyond the country’s borders. Once Canadians have their citizenship certificate, they can apply for a social insurance number (SIN), which is used for employment, taxes, government programs, student aid and other Canadian benefits.

• Tax implications: Newly recognized Canadian citizens may wish to purchase property, move assets, invest, or establish businesses in Canada. Because cross-border tax rules can be complex, it is strongly advised to seek professional tax advice in both Canada and the individual’s country of residence.

• Buying real estate: At the time of writing this article, the Prohibition on the Purchase of Residential Property by Non-Canadians Act is in effect until January 1, 2027. Those with Canadian citizenship may be now exempt from the prohibition.

• International Student Fees: Canadian citizens are usually exempt from international student fees, which are often 3 to 4 times higher than domestic student fees.

• Processing times: The benefits of Canadian citizenship are numerous; however, one significant challenge Canadians face in accessing these benefits is the processing time required to obtain a citizenship certificate, passport, and eventually a Social Insurance Number (SIN). Furthermore, because these individuals are already Canadian citizens, they are not eligible for a visitor record, work permit, or study permit. As a result, they may be left in limbo while waiting for proof of their citizenship. 

• Migration: With potentially hundreds of thousands of people abroad now recognized as Canadian citizens under Bill C-3, Canada may see population growth that falls outside its annual immigration targets. These individuals are not immigrants in the traditional sense, but citizens who now have the unrestricted right to live, work, and settle in Canada.

We are following government reports and announcements closely to understand their response to some of the consequences we highlight above. Currently, we advise individuals to submit their proof of citizenship applications as soon as possible, ensuring they are completed accurately and include all necessary evidence to establish citizenship by descent.

Next Steps

To discuss the amended Act and how it impacts you and your family, we encourage a consultation with a professional. Contact us at immigration@bellalliance.ca to book.

Sources

Bill C-3: An Act to amend the Citizenship Act (2025) comes into effect

Statutes of Canada 2025 Chapter 5 An Act to amend the Citizenship Act (2025)

Dual Canadian citizens need a valid Canadian passport