Canada Suspends Processing of Citizenship by Descent Applications
Garson Immigration LawCanadian citizenship as a status was established in 1947 when the Canadian Citizenship Act came into force. Thereafter, a new Citizenship Act was enacted in 1977, and it has been amended several times since. Notably, in 2009, the Act was amended to introduce a first-generation limit on citizenship by descent, meaning that Canadian citizen parents could pass on citizenship to children born outside Canada if the parent was born in Canada or naturalized before the child’s birth. This limit meant that Canadian citizens born outside Canada could not pass on citizenship to children born outside Canada.
The first-generation limit was a point of contention in recent years and was ultimately found to be unconstitutional in 2023 by the Ontario Superior Court of Justice. The Government of Canada did not appeal the decision and decided to remove the first-generation limit. The result of this was Bill C-3, An Act to Amend the Citizenship Act, which came into effect on December 15, 2025.
Bill C-3 Expands Citizenship by Descent
Bill C-3, the most recent amendment to the Citizenship Act, resulted in a major shift in how citizenship by descent is considered for Canadian citizenship, extending it beyond the first generation.
As a result of the changes made by Bill C-3, Canadian parents born or adopted outside Canada can pass citizenship on to a child who is also born or adopted outside Canada. Bill C-3 removed the first-generation limit in many 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.
Applying for Citizenship or Proof of Citizenship
People who automatically became Canadian citizens under the new law can apply for proof of Canadian citizenship. People adopted abroad before December 15, 2025, by a Canadian parent who was born or adopted abroad can also apply for Canadian citizenship for an adopted child.
However, people born or adopted abroad on or after December 15, 2025, to a Canadian parent who was also born or adopted abroad must demonstrate that their Canadian parent spent three years in Canada when applying for proof of Canadian citizenship or citizenship for an adopted child.
Renouncing Citizenship Under the New Rules
People born before December 15, 2025, who automatically became Canadian citizens under the new law, were not previously granted citizenship, and now wish to renounce their Canadian citizenship can apply through a simplified renunciation process.
The Substantial Connection Test
A substantial connection to Canada under Bill C-3 means that the person applying for citizenship must show that their Canadian parent, who was born or adopted abroad, accumulated at least 1,095 days, or three years, of physical presence in Canada before the applicant’s birth or adoption. This is known as the substantial connection test.
The Government of Canada indicated that its decision not to challenge the Ontario Superior Court of Justice decision, and its subsequent decision to change the law, were driven by the need for a more inclusive, fair, and clear process for determining who qualifies for Canadian citizenship. However, as seen in the recent news discussed below, citizenship-by-descent applications have continued to involve uncertainty, causing distress for some applicants.
IRCC Suspends Some Citizenship Certificates
On June 15, 2026, the Government of Canada suspended the Canadian citizenship certificates of some people who had recently applied under the changes brought into force by Bill C-3. Some applicants who had already received citizenship certificates were emailed by Immigration, Refugees and Citizenship Canada and directed to return them while their files were reviewed.
The email informed recipients that IRCC had information indicating they might not be entitled to a Canadian citizenship certificate. However, the notices did not provide a detailed explanation beyond referring to possible concerns with the information used to issue the certificates.
The action caused significant concern among affected applicants, many of whom believed they had become Canadian citizens after receiving their certificates.
Thousands of Applications Under Review
Around one week after the suspensions began, Immigration Minister Lena Diab addressed the situation. The Minister confirmed that approximately 4,100 successful applications were being reviewed as part of the investigation.
The Minister also confirmed that new applications were not being finalized while the review was underway. This has created additional uncertainty for applicants as the backlog of citizenship certificate applications continues to grow.
Processing Times and the Growing Backlog
Since Bill C-3 came into effect, the estimated processing time for citizenship certificates has reportedly more than tripled to approximately 18 months. Processing times may continue to increase unless additional resources are devoted to addressing the backlog, with almost 100,000 applicants awaiting decisions.
There was some positive news, however. Some people who initially received suspension notices later received follow-up emails confirming their citizenship. It remains unclear what information was reviewed or provided before IRCC confirmed their status.
Guidance for Citizenship Applicants
The Minister stated that IRCC was taking the issue seriously and understood that affected individuals were concerned about their citizenship status.
Given the ongoing uncertainty, people considering a Canadian citizenship application should ensure that their materials are complete, detailed, and accurate. A legal professional may assist applicants with preparing and submitting the required documentation.
Garson Immigration Law: Toronto Immigration Law Expert Advising on Canadian Citizenship
Garson Immigration Law is a Toronto-based law firm that helps people find solutions for their immigration needs, such as obtaining 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 experience 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.
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