Citizenship Law Change: Change to First-Generation Limit on Citizenship by Descent

Throughout Canada’s history, the law on citizenship has changed numerous times. In late 2025, the law in Canada regarding citizenship changed again when the Government of Canada passed Bill C-3, An Act to Amend the Citizenship Act (2025), which changed the law regarding citizenship by descent.

How Is Canadian Citizenship Acquired?

Before discussing the ramifications of Bill C-3 and how citizenship by descent has changed, it is vital to understand how Canadian citizenship can be acquired.

Put most simply, obtaining Canadian citizenship is a process that allows individuals who are not Canadian citizens to become citizens of Canada. There are several ways to become a Canadian citizen, and the specific process an individual must follow depends on their circumstances and background.

Eligibility for Citizenship

The most common way to become a Canadian citizen is by birth in Canada. According to the 2021 census, over 74% of Canadian citizens were born in Canada. If an individual is born in Canada, they are considered a Canadian citizen, with some narrow exceptions.

A person can become a Canadian citizen through naturalization. Another way to become a Canadian citizen is through immigration to Canada. Individuals who immigrate to Canada and are granted permanent resident status can apply for Canadian citizenship after living in Canada for a specified period and meeting other requirements.

Citizenship by Descent

Those born outside of Canada to Canadian citizen parents can also be considered Canadian citizens in certain circumstances, called citizenship by descent. A person born outside of Canada can be a Canadian citizen by descent if one or both of their parents were born in Canada or were naturalized Canadian citizens before the child was born.

Citizenship by descent has long existed in Canadian law. However, amendments that came into force in 2009 introduced a “first-generation limit,” which generally prevented Canadians who were themselves born abroad from automatically passing citizenship to children also born abroad.

Applying for Citizenship

To apply for Canadian citizenship (by grant), most adults must be a permanent resident and have been physically present in Canada for at least 1,095 days (3 years) within the 5 years immediately before signing the application. Applicants aged 18–54 generally must show adequate ability in English or French and complete the citizenship knowledge test process. In addition to meeting these general requirements, individuals must also pass a citizenship test.

Once an individual has met all the requirements and their citizenship application has been approved, they will be invited to attend a citizenship ceremony. At this ceremony, they will be required to take the oath of citizenship, in which they pledge their loyalty to Canada and its laws. Upon completing the oath, they will become a Canadian citizen.

Bill C-3: An Act to Amend the Citizenship Act (2025)

On December 15, 2025, the law regarding citizenship by descent was changed. This change will allow more people to become Canadian citizens.

Background of Bill C-3

The changes to citizenship by descent have been in the works for a few years. The impetus for the change in the law came after the Ontario Superior Court ruled on December 19, 2023, that many provisions of the first-generation limit on citizenship by descent for those born abroad were unconstitutional. The Federal Government agreed with this ruling from the Ontario Superior Court, which set into motion the process that led to the change in the law.

Following the ruling, Bill C-71 was introduced in May 2024. Bill C-71 contained many of the same provisions as the current Bill C-3 regarding extending citizenship by descent. Ultimately, the Bill did not pass and was supplanted by the current Bill C-3.

Bill C-3, An Act to amend the Citizenship Act (2025), received Royal Assent on November 20, 2025 and came into force on December 15, 2025, changing how the first-generation limit to citizenship by descent applies.

Changes to Citizenship by Descent

Bill C-3 profoundly changes citizenship by descent, extending it beyond the first generation. The most significant change made by Bill C-3 is that Canadian parents born or adopted abroad can now pass on citizenship to their child, born or adopted outside Canada, today or in the future. Bill C-3 removed the first-generation limit in some situations and created a framework that can extend citizenship by descent beyond the first generation, including a substantial connection to Canada requirement for certain cases going forward.

The Government of Canada describes the change as more inclusive and protective of the value of Canadian citizenship, while supporting fairness and clarity for Canadian families abroad. Other implications that arose out of the passage of Bill C-3 are as follows:

• People who automatically became Canadian citizens under the new law can apply to get proof of Canadian citizenship.
• People adopted abroad before December 15, 2025, by a Canadian parent born or adopted abroad can apply for Canadian citizenship for an adopted child.
• People born or adopted abroad on or after December 15, 2025, to a Canadian parent also born or adopted abroad must demonstrate that their Canadian parent has spent three years in Canada when applying for proof of Canadian citizenship, or applying for Canadian citizenship for an adopted child.
• People born before December 15, 2025, who automatically became Canadian citizens under the new law and were not previously granted citizenship, and who now want to give up (renounce) Canadian citizenship, can apply through a simplified renunciation process.

A substantial connection to Canada for the purposes of Bill C-3 means that the person applying for citizenship must show that their Canadian parent born or adopted abroad has at least 1,095 days (three years) of cumulative physical presence in Canada before the applicant’s birth or adoption.

Anticipated Impacts of Bill C-3

Overall, Bill C-3 should result in more people becoming Canadian citizens, as the first-generation limit has previously restricted many people born abroad from receiving Canadian citizenship. The Canadian Government has stated that this change supports fairness and clarity for Canadian families abroad, and surely those impacted by the change will agree with that assessment.

Obtaining Canadian citizenship is a process that requires careful planning and attention to detail. Individuals must understand the requirements and gather all necessary documentation before beginning the process. Those wishing to apply should enlist the help of a professional to ensure the application is submitted correctly.

Contact Garson Immigration Law in Toronto for Help with Applying for Canadian Citizenship

Garson Immigration Law is a Toronto-based law firm that helps people find solutions for their immigration needs, such as obtaining Canadian citizenship, permanent residence in Canada and overcoming inadmissibility.

Our focus on immigration allows us to understand our clients’ unique concerns and obstacles. Our skilled immigration lawyers have extensive expertise in all immigration matters, including work permits, student visas, and US immigration from Canada. If you have any questions about an immigration matter, do not hesitate to contact us online or call us at 416-321-2860.