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Canada

Canada Extends Citizenship by Descent to Children Born Abroad under C-3

Effective Dec. 15, 2025, Bill C-3 retroactively grants citizenship to many previously excluded descendants and adoptees. New cases require a parent born or adopted abroad to show 1,095 days of residence in Canada to confer citizenship; adopted children are explicitly included and a simplified renunciation process is available. Applicants must still obtain citizenship certificates with supporting documents.

Last updated: December 16, 2025 7:35 am
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📄Key takeawaysVisaVerge.com
  • Bill C-3 took effect Dec. 15, 2025 and recognizes many retroactive citizens born or adopted abroad.
  • For births/adoptions on/after Dec. 15, 2025, parent must show 1,095 days residence in Canada.
  • Law adds an easier renunciation option for new citizens who do not want conferred citizenship.

(CANADA) Canada 🇨🇦 has brought new citizenship rules into force that widen who can claim citizenship when they were born or adopted outside the country, a change that takes aim at the long-criticized “first-generation limit” and is expected to help many families who live and work abroad. The reforms are set out in Bill C-3, An Act to Amend the Citizenship Act (2025), which came into force on December 15, 2025, after receiving Royal Assent on November 20, 2025, according to the source material.

Background: the first-generation limit and why it mattered

At the heart of the change is how Canada’s Citizenship Act treats children born beyond its borders. Under earlier rules, including changes introduced in 2009, a Canadian citizen could usually pass citizenship by descent to only one generation born abroad. In plain terms, if a Canadian parent was also born or adopted outside Canada, that parent often could not automatically pass Canadian citizenship to a child who was also born outside Canada.

Canada Extends Citizenship by Descent to Children Born Abroad under C-3
Canada Extends Citizenship by Descent to Children Born Abroad under C-3

Families and advocates said the rule split relatives into different legal classes and left some people with deep Canadian ties without formal status. Legal pressure on Ottawa intensified after the Ontario Superior Court of Justice weighed in.

In December 2023, the court ruled that parts of the first-generation limit were unconstitutional, finding they created unfair outcomes for families living abroad. The case is Bjorkquist v. Canada (2023 ONSC 7152) and the court found the limit unconstitutional under section 15 of the Charter because it created unequal citizenship classes.

The government agreed with the court’s findings and moved to revise the law, setting the stage for Bill C-3’s rollout.

What Bill C-3 changes — overview

The law introduces two main streams of change:

  • Retroactive relief for many people born or adopted before December 15, 2025.
  • A new test for future births or adoptions (on or after December 15, 2025) that requires a demonstration of a substantial connection to Canada in some circumstances.

Retroactive recognition (born or adopted before Dec 15, 2025)

For people born or adopted before December 15, 2025, the law recognizes that those who “would have been citizens if not for the first-generation limit or other outdated provisions” are now recognized as Canadian citizens. These people can seek official proof of citizenship without having to reapply under the old approach.

  • This group includes those often called “Lost Canadians” — individuals with Canadian ancestry who were left outside the law because of technical rules and changes over time.
  • While the law changes status on paper, families still need practical documents (e.g., citizenship certificates) to interact with employers, schools, border officers and other institutions.

Future births and adoptions (on or after Dec 15, 2025): the substantial-connection test

For births and adoptions on or after December 15, 2025, the new system requires a demonstration of a real tie to Canada when a Canadian parent was also born or adopted abroad.

Bill C‑3 — At a glance
Came into force
December 15, 2025
Bill C‑3 took effect on this date (Royal Assent: November 20, 2025).
Retroactive recognition
Applies to births/adoptions before Dec 15, 2025
People who “would have been citizens” but were excluded by the first‑generation limit are recognised as Canadian citizens and can seek proof.
Substantial‑connection test
1,095 days (3 years) residence
Required for parents born/adopted abroad for births/adoptions on or after Dec 15, 2025; evidence can include education, employment, travel records.
Adopted children
Explicitly covered
Adoptees born abroad are eligible under the same rules; the 1,095‑day test applies to adoptive parents when relevant.
Renunciation option
Simplified renunciation available
A route to give up automatically acquired citizenship is included for those who choose to do so.

  • The parent must show a “substantial connection to Canada,” defined as at least 1,095 days (three years) of residence in Canada before the child’s birth or adoption.
  • Acceptable proof can include:
    • Education records
    • Employment documents
    • Travel records

The aim, supporters say, is to keep citizenship anchored to life in Canada while still fixing the harsh results of the prior rule.

Adopted children

The updated rules explicitly recognise adopted children born abroad and allow Canadian parents to pass citizenship to adoptees under similar terms.

  • When the 1,095-day requirement applies, it also applies to adoptive parents.
  • Adoption cases are often document-heavy; the statutory clarity helps families confirm citizenship outcomes before finalizing adoptions or accepting overseas postings.

Renunciation option

Not everyone who gains citizenship will want it. The new law includes a simplified way to renounce automatically acquired citizenship.

  • Reasons someone might renounce include:
    • Tax implications
    • Military-service obligations in another country
    • Personal preferences about holding multiple passports
  • The renunciation option lets individuals choose whether to keep or give up Canadian citizenship obtained under these rules.

Political context and rationale

In Senate debate, supporters described the reform as a middle path between broad access and maintaining the value of citizenship.

Senator Mary Coyle, who sponsored Bill C-3 in the Senate, said it “strikes an important balance, ensuring fair access while protecting the value of Canadian citizenship,” according to the source material.

That balance is reflected in the law’s structure: broad relief for past cases and a targeted test for future cases aimed at preserving ties to Canada.

Who is likely to be affected

The impact is expected to be wide because many Canadians live abroad for school, work, family or long-term postings.

  • Major groups likely to benefit:
    • NRIs and diaspora families with multi-country histories
    • Canadians studying or working overseas for extended periods
    • Families with mixed birth/adoption locations across countries

Why it matters practically:
– Citizenship affects eligibility to live in Canada, access domestic tuition, health care when eligible, and travel on a Canadian passport.
– For families considering long-term residency decisions (including those with U.S. H-1B, F-1 status, or green card interests), the 1,095-day threshold may influence how long a parent chooses to spend in Canada before a child is born overseas.

Documentation and practical steps

Even with automatic citizenship for many past cases, paperwork still matters. The source material stresses the need for a Canadian citizenship certificate — the proof used for passport applications and other status checks.

Common documents applicants will need to gather:
– Birth registrations from multiple countries
– Old passports
– Adoption orders
– School records
– Employment records
– Travel histories (to show periods of residence)

These records can span decades and multiple jurisdictions, so applicants should prepare for careful review.

How to apply / where to start

Immigration, Refugees and Citizenship Canada (IRCC) is the main department handling applications. Applicants should look for official guidance as the new rules are implemented.

  • Start with IRCC’s official information on applying for a citizenship certificate, including the application package for CIT 0001, on the Government of Canada site at:
    Apply for a citizenship certificate (proof of citizenship)

According to analysis by VisaVerge.com, families with complex birth-and-adoption histories are likely to see the biggest gains from the reform, though they should expect careful document review where the substantial-connection test applies.

Key takeaways

  • Bill C-3 took effect on December 15, 2025 and removes many harsh effects of the first-generation limit retroactively.
  • For births/adoptions on or after Dec 15, 2025, a parent born/adopted abroad must show 1,095 days of prior Canadian residence to pass citizenship.
  • Adopted children born abroad are explicitly covered.
  • A simplified renunciation route is available for people who do not want automatically conferred citizenship.
  • Practical proof (a citizenship certificate) remains essential — expect detailed document-gathering and review.

If you want, I can:
1. Summarize the new rules into a checklist you can use to prepare documents; or
2. Create a sample documents table showing typical evidence for the 1,095-day substantial-connection test.

📖Learn today
Bill C-3
A 2025 amendment to Canada’s Citizenship Act that broadens descent-based citizenship and adds new conditions.
First-generation limit
A previous rule restricting transmission of citizenship to one generation born abroad, now largely removed.
Citizenship certificate
Official document proving Canadian citizenship, required for passports and many services.
Substantial connection (1,095 days)
Requirement showing a parent lived in Canada at least 1,095 days before a child’s birth/adoption.

📝This Article in a Nutshell

Bill C-3, effective December 15, 2025, removes many consequences of the first-generation limit by recognizing retroactive citizenship for eligible people born or adopted abroad. Future births or adoptions require a parent born or adopted abroad to prove a substantial connection — 1,095 days of Canadian residence — to pass citizenship. Adopted children are covered and a simplified renunciation option exists; applicants should gather extensive documentation for citizenship certificates.

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Oliver Mercer
ByOliver Mercer
Chief Analyst
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As the Chief Editor at VisaVerge.com, Oliver Mercer is instrumental in steering the website's focus on immigration, visa, and travel news. His role encompasses curating and editing content, guiding a team of writers, and ensuring factual accuracy and relevance in every article. Under Oliver's leadership, VisaVerge.com has become a go-to source for clear, comprehensive, and up-to-date information, helping readers navigate the complexities of global immigration and travel with confidence and ease.
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