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🇨🇦Law change · Canada

Canada Bill C-3 (2026): do you still qualify for citizenship by descent?

As of 2026-06-01 · informational, not legal advice

Yes — and for most people Bill C-3 made it easier. Since it came into force on December 15, 2025, Canada removed the old "first-generation limit" on citizenship by descent. If you were born outside Canada before December 15, 2025 to a Canadian-citizen parent, in most cases you are now automatically a Canadian citizen — even in the second generation or beyond (grandchildren and great-grandchildren of Canadians), as long as you can document the lineage. Only children born abroad on or after December 15, 2025 face a new condition: their Canadian-by-descent parent must have spent at least 1,095 days physically in Canada.

Key facts

In forceDecember 15, 2025 (Royal Assent November 20, 2025; S.C. 2025, c. 5)
What changedRemoved the first-generation limit on citizenship by descent, after the courts struck it down (Bjorkquist v. Canada, 2023 ONSC 7152)
Born abroad before Dec 15, 2025 (2nd gen+)In most cases automatically a citizen — no physical-presence test
Born abroad on/after Dec 15, 2025 (2nd gen+)Parent needs a "substantial connection": 1,095 days cumulative (not continuous) physical presence in Canada before the birth
Proof-of-citizenship feeCAD $75 (official IRCC fee)
Lineage anchorAncestor must have been a Canadian citizen after January 1, 1947 (after April 1, 1949 for Newfoundland and Labrador)

Likely still eligible

  • Born outside Canada before December 15, 2025 to a Canadian-citizen parent — including grandchildren and great-grandchildren — where the lineage can be documented
  • Remaining "Lost Canadians" and their descendants restored by the reform
  • Children born abroad on/after December 15, 2025 whose Canadian-by-descent parent met the 1,095-day substantial-connection test

Newly restricted

  • Distant Canadian ancestry alone is not enough — you must document the unbroken citizenship chain to an ancestor who was Canadian after 1947
  • For children born abroad on/after December 15, 2025 in the second generation or beyond, the parent's 1,095-day presence is required

Frequently asked

Did Bill C-3 make citizenship by descent harder or easier?
Easier for people in the second generation and beyond who already existed — it removed the first-generation cap, so many became citizens automatically. It adds a physical-presence condition only for children born abroad from December 15, 2025 onward.
Can I claim Canadian citizenship through a grandparent or great-grandparent?
Generally yes, if you were born before December 15, 2025 and can document the citizenship chain back to a Canadian citizen (after 1947). There is no fixed generational cap, but the lineage must be proven — distant ancestry by itself does not qualify.
Is the "substantial connection" test three years of living in Canada?
It is 1,095 days of cumulative (not necessarily continuous) physical presence in Canada — and it applies to the parent of a child born abroad on or after December 15, 2025, not to people born before that date.
What does it cost and how long does it take?
The official IRCC proof-of-citizenship application fee is CAD $75. Processing times vary by case — check the current figure on IRCC's processing-times tool before you rely on it.

Related routes

Compiled from primary legal and official sources (below) — not legal advice. Citizenship law and fees change and turn on your exact documents; confirm with the competent authority or a licensed professional before acting. Verified as of 2026-06-01.

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Sources