Canada on Monday announced the introduction of fairer rules on citizenship by descent, with Bill C-3, the Citizenship Amendment Act (2025) coming into force.
The legislation, which received royal assent in early November of this year, proposed modernizing laws related to citizenship by descent to “reflect how Canadian families live today, both inside and outside of Canada.”
Now in effect, people born on or before December 15, 2025, who would have been Canadian citizens but for the “first generation limit” or other outdated rules, can now apply for a certificate of citizenship.
“For many, this moment has been long overdue. Today’s changes affirm their place in the Canadian family and strengthen the sense of belonging that citizenship represents,” Immigration, Refugees and Citizenship Canada said in a statement.
What changes for potential Canadian citizens?
Canada’s previous rule, introduced in 2009, imposed a strict, automatic “first-generation limit” that limited citizenship to people born outside the country.
Under the previous rule, if you were born outside of Canada to a Canadian parent who was also born outside of Canada, you would not automatically be eligible to be a Canadian citizen at birth.
Regardless of the Canadian parent’s ties to Canada, citizenship could not be passed on to children if those children were born abroad.
The new rule, effective December 15, 2025, removes this first-generation limit and allows a foreign-born Canadian parent to pass citizenship to their foreign-born child. However, the parent must meet the new ‘Substantial connection’ test.
What is the “substantial connection” test?
A foreign-born Canadian parent who wants to pass on citizenship to their foreign-born children must demonstrate significant ties to Canada.
They can do so by demonstrating physical presence in Canada for a cumulative total of 1,095 days (three years) prior to the birth or adoption of their child.
Retrospective Restoration for ‘Lost Canadians’
Children born between 2009 and 2025 to Canadian parents affected by the former rule were legally excluded from citizenship at birth.
Under the restorative provision of the new rule, these excluded people are now automatically recognized as Canadian citizens, meaning they do not have to meet the “substantial connection” test and can immediately apply for a certificate of citizenship.
Is anything changing for adopted children?
Children born abroad and adopted by Canadian parents were also previously subject to the ‘First-Generation Limit’.
However, these children are now also eligible for citizenship, provided their parents meet the “substantial connection” criteria, i.e. they lived in Canada for three years prior to adoption.
