Bill C-3: New Citizenship by descent Rules

As of 2026, major changes to Canadian citizenship law have expanded eligibility for citizenship by descent. For the first time, certain individuals born or adopted abroad to a Canadian parent or grandparent may now qualify for Canadian citizenship.

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Who is Eligible for Canadian Citizenship?

You may be eligible for Canadian citizenship by descent if:

  1. One of your parents or grandparents was a Canadian citizen when you were born or adopted
  2. You were previously excluded under the former first-generation limit
  3. You lost or never received citizenship under the outdated provisions of Canadian law

The “Substantial Connection” Requirement

For children born or adopted abroad on or after December 15, 2025, to a Canadian parent who was also born or adopted outside Canada, a substantial connection requirement applies.

This means the Canadian parent must have lived in Canada for at least three years (1,095 days) before the child’s birth or adoption.

Applying for Proof of Citizenship

Eligible individuals must apply for a Proof of Canadian Citizenship certificate, which formally confirms citizenship status.

After receiving the citizenship certificate, you may apply separately for a Canadian passport. A passport is a travel document and cannot be issued without proof of citizenship.

Required Documents

Documentation requirements vary by case but commonly include:

  1. Birth certificate or adoption documents 
  2. Proof of Canadian citizenship of a parent (or, in some cases, a grandparent)
  3. Marriage certificates or legal name-change documents (if applicable)
  4. Pay a $75 fee 

If the applicant was born after December 15, 2025, proof of the Canadian parent’s residence in Canada (to meet the substantial connection rule) will also be required.

Alternative documents may be accepted if original records are unavailable. Working with a qualified Canadian immigration attorney can help advise you on the requirements you will need, as well as advise you on the best strategy for obtaining or supplementing any missing documentation. 

How Long Does it Take to Apply for Canadian Citizenship?

Processing times typically range from 11 to 15 months, depending on case complexity.

Each application is individually assessed, taking into account:

  • Family history
  • Birth and adoption records
  • Prior citizenship determinations
  • Any past government decisions

Canadian Citizenship Benefits

Canadian citizenship provides:

  • The right to live and work anywhere in Canada
  • Access to public healthcare and social benefits (after provincial residency requirements are met, often about three months)
  • The right to vote or run in Canadian elections
  • Eligibility to apply for a Canadian passport

Immigration Tip 💡

Canada allows dual citizenship. For example, U.S. citizens may generally hold both U.S. and Canadian citizenship simultaneously, as U.S. law does not require choosing one nationality over the other.

Tax obligations depend on residency status — citizenship alone does not automatically create Canadian tax liability if you do not reside in Canada.

The End of the First-Generation Limit

Previously, Canada’s “first-generation limit” prevented Canadian citizens born abroad from passing citizenship to their children born abroad.

As a result, citizenship by descent generally ended after one generation born outside Canada.

With the coming into force of Bill C-3, this restriction has been removed for many individuals, expanding eligibility to those with a Canadian parent or grandparent.

These changes also address longstanding issues affecting individuals often referred to as “Lost Canadians” — people who were excluded under prior versions of the law.

FAQ

Can I inherit citizenship from a grandparent?

Yes. Bill C-3 expanded eligibility to include certain second-generation individuals born abroad.

Does Canada allow dual citizenship?

Yes

Does the US allow dual citizenship?

Yes. The United States does not require individuals to renounce citizenship when acquiring another nationality.

Is there an age limit to apply?

No. You may apply for proof of citizenship at any age.

Can I claim citizenship through my step-parent?

No. Citizenship by descent requires a biological or legal (adoptive) parent-child relationship.

Does the 1,095-day or three-year rule apply to my parent or grandparent?

Only if you were born on or after December 15, 2025, and your Canadian parent was also born abroad.

Does my spouse get citizenship if I do?

No. Citizenship by descent does not extend to spouses. You would need to sponsor them for permanent residence once you become a citizen.

Can I pass citizenship to my existing children?

Possibly. If they were born before December 15, 2025, they may qualify automatically depending on your status. If they are dependent children, you may be eligible to sponsor them for Canadian permanent residence. 

Do I have to pay Canadian taxes?

Only if you are a “factual resident” of Canada for tax purposes

Can I apply for a passport immediately?

No. You must first receive your Citizenship Certificate.

Even if applying for Canadian citizenship by descent under Bill C-3 may seem straightforward, the reality is often more complex.

Every family history is unique. You may need to trace and document your lineage, determine whether you qualify under the updated rules, and ensure that all required documentation is properly prepared and submitted. Even minor errors or missing records can lead to significant delays — or even refusal.

At the Canadim Law Firm, we manage the entire process on your behalf from start to finish. We assess your eligibility, carefully review your documentation, prepare a complete and strategic application, and address any complications that may arise.

Cases involving missing records, prior citizenship issues, or complex family circumstances require particular care and legal insight.

Contact us today for a consultation and move forward with confidence and peace of mind.

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