New Canadian Citizenship by Descent Law: Major Changes for Families Abroad
- What Changed: Bill C-3 has received royal assent, officially ending the restrictive "first-generation limit" on Canadian citizenship by descent.
- Who is Affected: The new law impacts Canadians born abroad and their children, both retroactively granting citizenship to those previously excluded and establishing new rules for future generations.
- Key Date: The bill became law on November 21, 2025, but it is not yet in effect. The government will announce a future date when the new rules will officially come into force.
On November 21, 2025, Immigration, Refugees and Citizenship Canada (IRCC) confirmed that a significant legislative change to Canada's citizenship laws has been finalized. Bill C-3, an Act to amend the Citizenship Act, has received royal assent, paving the way for a major overhaul of the rules governing Canadian citizenship by descent. This new law aims to restore fairness for Canadian families living abroad and provide a clear, modern path to citizenship for their children.
Who Does This Affect?
These changes will have a profound impact on several groups of people connected to Canada. The new law applies to:
- Individuals born outside Canada to a Canadian parent who was also born outside Canada. Many of these individuals were previously unable to claim citizenship due to the first-generation limit introduced in 2009.
- Canadian parents born abroad who are planning to have children or adopt outside of Canada in the future.
- Families who were previously separated by what the government now acknowledges were "outdated rules of past legislation."
It is important to note that while the bill has received royal assent, the changes will only come into force on a date set by an order in council. Until that official announcement, IRCC has stated that the current interim measures for those affected by the first-generation limit remain in place.
Detailed Breakdown of the Changes
The new law introduces two distinct frameworks: one for those born before the law comes into effect, and another for those born after.
Retroactive Citizenship for Past Generations
The legislation will automatically extend Canadian citizenship to people born before the bill officially comes into force who would have been citizens if not for the first-generation limit. This move is designed to correct long-standing issues and restore citizenship rights to many "Lost Canadians" who were unfairly excluded by previous versions of the Citizenship Act.
New Rules for Future Generations
For children born or adopted outside Canada on or after the date the law comes into force, a new test will apply. A Canadian parent born abroad can pass on citizenship to their child, provided the parent can demonstrate a "substantial connection to Canada." The government has not yet released specific details on what will constitute a "substantial connection," but this approach is intended to ensure that citizenship by descent is tied to a genuine link to the country.
Context and Implications (The "Why")
This legislative change was prompted by a court ruling. On December 19, 2023, the Ontario Superior Court of Justice declared that the first-generation limit to citizenship by descent was unconstitutional. The Government of Canada agreed with the court's findings, acknowledging that the law had "unacceptable outcomes for children of Canadians who were born outside the country," and chose not to appeal the decision. Bill C-3 is the government's official response, designed to align the Citizenship Act with modern realities and constitutional principles of fairness.
For applicants, this means the end of a major barrier to citizenship for their children. It acknowledges the global nature of many Canadian families and reinforces the value of Canadian citizenship by linking it to a tangible connection rather than just the location of one's birth.
How to Prepare
While the law is not yet in effect, affected individuals can take several preparatory steps:
- Monitor Official Channels: Keep a close watch on the official IRCC website for the announcement of the date the new law will come into force. You can find more information in the .
- Gather Documents: While the definition is pending, begin collecting documents that could help demonstrate a "substantial connection" to Canada. This might include school transcripts, tax records, or proof of physical time spent in Canada.
- Review Current Measures: If you have an urgent need, familiarize yourself with the interim measures currently in place for those impacted by the first-generation limit.
Conclusion
The royal assent of Bill C-3 marks a historic and welcome change to Canada's citizenship laws. By eliminating the first-generation limit, the government is providing a fair and clear process for thousands of families with deep ties to Canada. While affected individuals must wait for the official implementation date, this development offers new hope and a concrete path forward for many who have long sought to claim their Canadian heritage.