Guide

Canadian citizenship by descent after Bill C-3

Updated

For years the first-generation limit ended a Canadian claim at the first child born abroad. Bill C-3 changed that, and the test that replaced it is a day count.

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What the limit was, and what replaced it

Canadian citizenship by descent passed to children born outside Canada to a Canadian citizen, and stopped there. A child born abroad to a parent who was themselves born abroad was excluded, however Canadian the family was in every other sense. Canada.ca states that Bill C-3 passed on 15 December 2025 and removed that limit in some situations, taking effect the same day.

The 1,095 day substantial connection test

The second generation born outside Canada may now qualify where the Canadian parent was also born abroad and that same parent spent at least 1,095 days in Canada before the birth. Roughly three years, and the days need not be continuous. This is now the question the whole claim turns on, so it is the one to answer before doing anything else.

Evidencing the days is the real work

A day count is only as good as the records behind it. School enrolment, employment and payroll records, tax filings and travel history are the ordinary evidence, and they are easier to gather while the people who lived them can still help. Start there rather than with the application form.

How this came about

Canada.ca records an interim measure announced in March 2025, following a December 2023 Ontario court ruling that found the first-generation limit unconstitutional for many applicants. That measure supported affected people while the law was amended. With Bill C-3 now in force, canada.ca states that pending applications are processed under the new rules.

What you actually apply for

Not a grant of citizenship, but proof of one you already hold: a citizenship certificate, which canada.ca describes as a document that proves your Canadian citizenship, used to access services and benefits such as a pension or to apply for a passport. The fee is $75 CAD. Applying from outside Canada and the United States can add several months for mailing and processing.

Check before you apply

This area of law moved in December 2025 and the implementing guidance is still settling. Everything above is read from canada.ca on 15 August 2026, and it is worth re-reading the current page before you file anything.

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Sources

  1. Government of Canada, Changes to citizenship rules 2025 (Bill C-3, in force 15 December 2025)
  2. Government of Canada, Proof of Canadian citizenship (citizenship certificate)
  3. Government of Canada, About the citizenship certificate
  4. Ireland Department of Foreign Affairs, registering a foreign birth (Foreign Births Register)
  5. Italian Ministry of Foreign Affairs, citizenship
  6. Italian consulate notice, citizenship by descent under the new rules
  7. Polish Ministry of Foreign Affairs, consular and citizenship matters
  8. gov.pl, confirmation of possession or loss of Polish citizenship
  9. German Federal Office of Administration (BVA), citizenship
  10. German Nationality Act (StAG), sections 5, 15 and 38
  11. Ministério da Justiça (Portugal), new nationality law in force 19 May 2026

Find out which line qualifies

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