(CANADA) Canada has approved a major overhaul of its rules on citizenship‑by‑descent, clearing the way for many children of Canadian parents born abroad to finally be recognized as citizens. The reform, contained in Bill C-3, received Royal Assent on November 20, 2025, and will end the long‑criticized “first‑generation limit” and “second‑generation cut‑off” that blocked citizenship for thousands of people born outside the country. The new law will apply worldwide but is expected to have a particularly strong impact on Indian‑origin families with long‑standing ties to Canada 🇨🇦.
What the old rules did — and why they were criticized
Under the earlier rules, Canada generally allowed citizenship‑by‑descent only for the first generation born abroad. That meant a child born outside Canada could become a citizen if at least one parent was a citizen who was either born in Canada or naturalized there.
If the Canadian parent had themselves been born outside Canada to Canadian parents, the chain stopped. Children in this situation were often labelled “second‑generation abroad” and were denied citizenship purely because they were one more step removed from Canadian soil, even when their families had deep emotional and economic links to the country.
Supporters of reform argued the first‑generation limit was both harsh and arbitrary, treating all second‑generation children abroad the same regardless of real ties to Canada.
What Bill C-3 changes
Bill C-3 replaces the strict generational barrier with a residency‑based standard for some parents, allowing citizenship to be passed down indefinitely but with a key condition: a substantial connection test.
Key features:
– No rigid first‑generation cut‑off — citizenship can now flow beyond a single generation born abroad.
– The substantial connection test applies when the Canadian parent was also born outside Canada.
– That parent must show at least 1,095 days (three years) of physical presence in Canada before the child’s birth or adoption.
The government says this brings Canada closer to approaches used in countries such as the United States, the United Kingdom, and Australia, where some form of physical presence or residence is often required.
The new model tries to align legal status with genuine life ties by focusing on actual time spent in Canada rather than an arbitrary generational cutoff.
How the substantial connection test works
- 1,095 days (three years) is the threshold.
- Cumulative days count — they do not need to be continuous.
- Time spent in Canada as a student, worker, or permanent resident before becoming a citizen can count, provided it is actual physical presence.
Table: Substantial connection test at a glance
| Requirement | Detail |
|---|---|
| Days required | 1,095 days (cumulative) |
| Counting method | Cumulative physical presence (not necessarily continuous) |
| Qualifying periods | Time as student, worker, permanent resident, or citizen — must be physical presence |
| Applies when | The parent passing on citizenship was born outside Canada |
This cumulative approach is particularly helpful for people who moved back and forth between Canada and countries such as India, the UAE, or Singapore for studies, work, or family reasons.
Retroactivity and “lost Canadians”
One of the most important features of Bill C-3 is that it is retroactive. The law is designed to restore citizenship to people who would have been Canadians if the first‑generation limit (introduced in 2009) had not blocked them.
- This group is often referred to as “lost Canadians.”
- Many of them are of Indian origin who believed they had a right to Canadian status through parents or grandparents but discovered the law cut them off.
- Under Bill C-3, these individuals will be treated as if the 2009 limit had never existed, opening a path to recognition and restoration of citizenship.
Practical example (Indian‑origin family)
Consider a Canadian citizen of Indian origin who:
– Was born in Dubai to Canadian parents,
– Later studied and worked in Toronto,
– Then moved to Bengaluru for a job while retaining ties to Canada.
Under the old rules, a child born in India to that parent would likely not qualify for citizenship-by-descent because the parent was “second‑generation abroad.” Under Bill C-3, if the parent can show 1,095 cumulative days of physical presence in Canada before the child’s birth, the child will now be entitled to citizenship — even though both parent and child were born abroad.
What evidence will matter
Because the test centers on proof of 1,095 days in Canada, documentation of travel and residence history will be important.
Bill C-3 is retroactive and aims to restore citizenship for many ‘lost Canadians.’ Stay tuned to IRCC guidance for precise eligibility and filing steps once the law takes effect.
Useful evidence may include:
– Passports with entry and exit stamps
– Old study permits and work permits
– Tax records
– School or university transcripts
– Employment records and rental/utility bills
Families from cities like Brampton, Surrey, or Winnipeg who moved abroad will need to gather these documents for the Canadian‑born‑abroad parent to pass citizenship to a child born overseas.
If a family does not meet the substantial connection test, other immigration routes (e.g., sponsoring a child for permanent residence) may still be available, but those are outside the scope of Bill C-3.
Implementation timeline and next steps
- Bill C-3 will come into force on a date to be set by the Governor in Council (federal cabinet acting on the Minister’s recommendation).
- The implementation date has not yet been announced, but officials expect it to be soon.
- Once in effect, people who believe they are “lost Canadians” or who have previously ineligible children born abroad will be able to apply to confirm or obtain citizenship.
According to analysis by VisaVerge.com, the retroactive feature is likely to generate a wave of applications from families who have been waiting for this reform.
How to apply and where to get official guidance
The practical details and application forms will appear in government guidance. Many applicants will start with materials from Immigration, Refugees and Citizenship Canada (IRCC).
- See IRCC’s citizenship portal: IRCC’s official citizenship page
- For adults applying once citizenship is restored or recognized, IRCC currently uses the Application for Canadian Citizenship – Adults (CIT 0002) and related instruction guides, downloadable from the IRCC site.
Emotional and community impact
The changes carry emotional weight beyond legal language. For many Indian‑origin Canadians — especially those whose parents or grandparents left India decades ago — formal citizenship has been a way to keep a thread to Canada while spending long periods abroad.
- The 2009 first‑generation limit felt like a sudden closing of a door for many families who had paid taxes, studied, or served in Canada.
- Bill C-3 seeks to balance two goals: tying citizenship to real ties while no longer punishing families for having lived part of their lives abroad.
Who may still be left out
Not everyone will benefit equally:
– Some Indian‑origin Canadians who built careers almost entirely outside Canada and did not meet the 1,095‑day physical presence threshold may still find their children ineligible for citizenship‑by‑descent.
– The law reinforces that at least one generation must have a solid, provable period of life in Canada for citizenship to flow to children born overseas.
Others who lived or studied in Canada for many years before moving abroad may already meet the 1,095‑day benchmark, even if they did not keep close track of days at the time.
What to expect next in the community
In the coming months:
– Lawyers, community groups, and advocacy networks will study the fine print of Bill C-3 and explain implications.
– Indian‑origin communities in Canada and abroad will focus on:
– How to document past residence,
– How the retroactive parts of the law will work in practice,
– How to handle people who believed themselves to be Canadian but lack formal proof.
For many families, the passage of Bill C-3 marks the start of a new and long‑awaited chance to secure the Canadian citizenship status they always believed should have been theirs.
Bill C-3, given Royal Assent on November 20, 2025, removes Canada’s first‑generation limit and introduces a substantial connection test requiring 1,095 cumulative days of physical presence for parents born abroad. The law is retroactive, enabling many previously excluded people — notably Indian‑origin families — to apply for citizenship restoration. Implementation details and the effective date will be set by the Governor in Council; applicants must compile travel, tax and residency documents to demonstrate eligibility.
