On December 15, 2025, Parliament passed Bill C-3, amending the Citizenship Act and changing the first-generation limit on citizenship by descent. If you were born outside Canada to a Canadian parent, or your grandparent was Canadian, this change may affect you directly.
What the first-generation limit was
Before Bill C-3, a Canadian citizen who was themselves born outside Canada generally could not pass citizenship to a child also born outside Canada. Citizenship by descent stopped at the first generation born abroad. In December 2023, the Ontario Superior Court of Justice ruled that this limit was unconstitutional for many people, and IRCC ran an interim measure while Parliament worked on a fix.
If you were born before December 15, 2025
In most cases, if you were born outside Canada to a Canadian parent before December 15, 2025, you are now automatically a Canadian citizen, even in the second generation or later. This also applies to children of people who themselves became citizens because of these changes. If you do not want Canadian citizenship, you can apply to renounce it.
If you were born on or after December 15, 2025
For births abroad in the second generation or later going forward, there is a substantial connection test: the Canadian parent (who was born or adopted abroad) must have spent at least 1,095 days physically in Canada before the birth. Similar rules apply to children adopted abroad, who can apply through a direct grant of citizenship.
How to prove you are a citizen
Citizenship under Bill C-3 is automatic in law, but you still need to prove it. The path is: apply for a citizenship certificate, then use it to apply for a Canadian passport, and travel to Canada on that passport. IRCC also confirmed that applications filed under the 2025 interim measure are now being processed under the new rules, no need to reapply.
A lawyer’s note
The hardest part of these files is usually evidence: proving a parent’s or grandparent’s citizenship, documenting the 1,095 days of physical presence, and untangling older rules for people born before 1977 or affected by the 2009 and 2015 amendments. If your family history spans several countries and generations, have it assessed before you apply, the right supporting record can save months. Learn more on our citizenship services page.
Official source: IRCC: Change to citizenship rules in 2025.
This article is general legal information, not legal advice. Immigration rules change frequently and every case is different. For advice about your situation, book a consultation.
About the author
Miguel Martins Pereirinha is a Canadian immigration lawyer and partner at Slayen Immigration Law in Vancouver, British Columbia. He practises Canadian immigration law exclusively — work permits, permanent residence, family sponsorship, citizenship and inadmissibility — and works with clients in English and Portuguese.
