In short:
- Under the 2015 Amendment to the Canadian Citizenship Act, the citizenship by descent of Canadians born or adopted outside Canada was limited to the first generation only.
- This deprived the right of any Canadian born or adopted outside Canada to pass on their citizenship to their children also born or adopted abroad, prompting the Ontario Superior Court to declare this provision unconstitutional back in December 2023.
- The recently passed Bill C-3, An Act to amend the Citizenship Act (2025), will remove this first-generation limit to citizenship by descent applicable to the biological or adopted children of Canadians abroad.
- Their citizenship-by-descent will be granted if they can prove that their Canadian parent, born or adopted abroad, had a substantial connection to Canada. This means that the parent must prove they had resided in Canada for a cumulative period of 3 years or 1095 days.
Canada has finally fixed the legal lacuna that had denied citizenship to numerous Canadians born abroad. Up until now, the first-generation limit meant that children born to Canadians abroad, who themselves were born outside Canada, were not automatically considered Canadian citizens. With the passing of Bill C-3, An Act to amend the Citizenship Act (2025), this unfair barrier to Canadian children attaining citizenship is all set to be removed.
Background
The Canadian Citizenship Act of 1947 set the legal framework for Canadian citizenship and laid down the legal procedures for non-Canadians to obtain citizenship through naturalization. However, some of the Act’s provisions excluded many from Canadian citizenship or rendered them ineligible to apply for one.
In 2009, amendments were introduced to rectify some of the issues in the 1947 Act. However, the first-generation limit was also introduced in the 2009 Amendment, which clarified that a child born or adopted outside Canada by Canadian parents, who were themselves born or adopted outside Canada, will not receive Canadian citizenship by descent. There were some exceptions for those Canadians whose first-generation limit was the result of their Canadian grandparents or parents being deployed abroad as part of the Canadian Armed Forces, the federal public administration, or the provincial or territorial public service.
A further amendment to the Act in 2015 also did not extend citizenship by descent to all such children born or adopted abroad. On December 19, 2023, the Ontario Superior Court of Justice ruled that the provision limiting citizenship by descent to only the first generation of Canadians born or adopted outside of Canada was unconstitutional.
The court observed that this limit effectively created a second class of Canadian citizens who were unable to pass on their citizenship to their children born abroad. The federal government did not appeal the judgment and accepted the court’s observation that this anomaly in the Citizenship Act has to be rectified through legislation. Bill C-71 was initially floated to make the necessary amendments to the Citizenship Act. However, the subsequent announcement of the federal elections put an end to that attempt.
Key takeaways from the new amendment
The new Bill C-3, An Act to amend the Citizenship Act (2025), has already passed through the House of Commons and the Senate and subsequently received the Royal Assent on November 20, 2025. As per the provisions of this new amendment, citizenship by descent can be passed to the Canadian children born or adopted abroad if it can be proven that their parent, who was also born or adopted abroad, had a “substantial connection” to Canada.
The substantial-connection test refers to the parent living in Canada for three years, or 1095 days cumulatively, before the birth or the adoption of the applicant. They will have to submit proof, such as the lease or rental agreements, academic or employment records, to substantiate the physical presence of their parent in Canada. It is important to note here that this proof of residency applies to the parent and not to the applicant.
Also, the substantial-connection test will be applicable only to those who will be born or adopted after this Act comes into effect. All the children born or adopted before the Act came into effect will become eligible for citizenship-by-descent if they can prove the citizenship of their parent. The Amendment does not specify any requirement for them to prove the substantial connection of their parent to Canada. The Act grants them their citizenship, which has been unfairly denied to them so far under the “unconstitutional” provisions as observed by the Ontario Superior Court.
Conclusion
The Bill has already received the Royal Assent, and it will come into effect after the Governor’s Order in Council, the date for which is yet to be announced. As mentioned above, the current wording of Bill indicates that the substantial-connection test applies only to those who will be born after the Bill comes into effect. There is no specific cut-off mentioned in the Bill for how far back the descendants of Canadians abroad can apply for proof of citizenship. It seems that the issue of citizenship for the “lost Canadians” will be resolved once and for all.
How can our immigration lawyers help you?
If you are planning to apply for your proof of citizenship under the new amendment or planning to upgrade your immigration status to citizenship, get in touch with our immigration legal team to figure out the latest eligibility requirements and legal procedures applicable in your case. Our experienced immigration lawyers stay up-to-date with all such legal changes, and we can effectively guide you throughout the process.
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