New Canada Citizenship Law To Make It Easier For Children Born Abroad

Last Updated On 26 November 2025, 9:45 AM EST (Toronto Time)

On November 21, 2025, Bill C-3, An Act to Amend the Citizenship Act (2025), received royal assent, completing a crucial step toward restoring fairness and clarity for families whose children and grandchildren were born abroad.

The modernized legislation replaces the rigid “first-generation limit,” which has prevented many Canadians from passing citizenship to their children born abroad.

By establishing a new approach based on substantial connection to Canada, the law ensures that citizenship by descent reflects both fairness for families and respect for genuine ties to the country.

Although the legislation has officially become law, it is not yet in force. A coming-into-force date will be set by order-in-council, and until then, an interim measure continues to support those currently affected by the first-generation limit.

Nevertheless, the shift marks a profound change for tens of thousands of people abroad who have long maintained Canadian connections but were unable to claim citizenship.

This comprehensive article explains Canada’s new citizenship law in detail, outlines eligibility, analyzes its impact on families, reviews the interim process, and highlights how Canada is reshaping citizenship by descent for the modern era.

Why Canada Modernized Citizenship By Descent

Citizenship by descent has been a challenging and often contentious area of Canadian law for decades, primarily because earlier versions of the Citizenship Act had provisions that unfairly excluded people based on gender, birthplace, or parental circumstances.

The first Citizenship Act, introduced in 1947, reflected the legal norms of its time, but many of its rules left people uncertain about whether they were actually Canadian.

Individuals lost citizenship automatically through marriage to foreign spouses, prolonged residence abroad, or failure to satisfy retention requirements. Others never acquired citizenship at all despite having Canadian parents or grandparents.

In 2009 and 2015, the federal government amended the Citizenship Act to address many of these injustices.

More than 20,000 individuals came forward to seek citizenship certificates after the reforms recognized various categories of so-called lost Canadians.

However, the 2009 amendments also introduced a new restriction: the first-generation limit.

This rule stated that Canadian citizens born or adopted abroad could not automatically pass on their citizenship to their children if those children were also born abroad.

The first-generation limit resulted in thousands of families facing legal exclusion even when they maintained strong lifelong ties to Canada.

In some cases, children grew up abroad because of their parents’ employment, study, or temporary residency outside Canada, yet remained connected to Canadian culture, education, and identity.

Families often discovered the impact of the first-generation limit only when they attempted to obtain Canadian passports, apply for citizenship certificates, or regularize their status.

The rule created particular difficulties for internationally mobile families, dual-country households, and Canadians working abroad, including those in humanitarian, educational, or diplomatic roles.

In December 2023, the Ontario Superior Court of Justice declared sections of the first-generation limit unconstitutional.

The judgment emphasized that the law produced arbitrary and unfair outcomes for children of Canadians simply because of generational circumstances beyond their control.

The federal government chose not to appeal the decision, acknowledging that those outcomes were no longer acceptable.

By 2024 and 2025, the government was working toward a comprehensive legislative solution.

Bill C-3, which has now become law, is the final product of that effort, and it fundamentally reshapes how Canada recognizes citizenship by descent.

What the New Citizenship Law Changes

The new law takes a modernized, inclusive approach to citizenship while maintaining the integrity of what it means to be Canadian.

Instead of using a strict generational limit, the law recognizes citizenship for those born abroad if their Canadian parent has a substantial connection to Canada.

The law includes two major changes:

It restores or grants citizenship to individuals who would already have been citizens if not for the first-generation limit or outdated historical rules.
It establishes a consistent future rule for passing on citizenship to children born or adopted abroad by Canadian citizens who meet substantial connection requirements.

These reforms ensure that families with genuine ties to Canada no longer face discrimination or exclusion solely because of circumstances of birth or international mobility.

Restoring Citizenship for Past Generations

The law applies retroactively to people born before the new provisions come into force.

Anyone who would have been a Canadian citizen at birth but was prevented from obtaining citizenship because of the first-generation limit or former citizenship rules will finally be recognized as Canadian.

This change is particularly significant for:

Grandchildren of Canadians whose parents faced barriers under older rules
People who lost citizenship because of expired retention requirements
Canadians born abroad whose children were barred from citizenship solely due to generation
Individuals whose grandparent was Canadian but whose parent was impacted by past discriminatory provisions

The government has emphasized that citizenship recognition will not be automatic for administrative purposes.

Individuals will still need to obtain proof, typically through a citizenship certificate. However, the legal entitlement will be clear and finally consistent.

A New Path Going Forward Based on Substantial Connection

For children born or adopted outside Canada after the law comes into force, the rule changes entirely.

A Canadian parent born or adopted abroad will be allowed to pass on citizenship if they demonstrate a substantial connection to Canada.

This replaces the rigid first-generation limit with a more flexible and fair system.

By focusing on actual ties to Canada, the law ensures Canadian citizens living abroad for legitimate reasons can pass citizenship to their children, while preventing the creation of generations of citizens with no real connection to the country.

Canadian Citizenship Eligibility Criteria Under the New Law

The government will publish detailed regulations once the law is ready to come into force.

However, based on the text of the legislation and the official descriptions, these are the core eligibility criteria under the new system.

Eligibility for Those Born Outside Canada Before the Law Takes Effect

You may qualify for citizenship under the new law if:

You were born outside Canada before the law becomes effective, and
You had at least one parent who was a Canadian citizen at the time of your birth, and
You were previously excluded because of the first-generation limit or prior citizenship laws.

Once the law takes effect, people in this category will generally become citizens by operation of law, subject to the administrative step of applying for proof.

Canada Citizenship Eligibility for Children Born Outside Canada After the Law Takes Effect

Children born or adopted outside Canada after the coming-into-force date may be citizens if:

At least one parent is a Canadian citizen at the time of the child’s birth or adoption, and
That parent either
- was born or naturalized in Canada, or
- was born or adopted abroad but has a substantial connection to Canada.

This is the central innovation of the new law, replacing generation-based exclusion with a meaningful-ties test.

Substantial Connection to Canada

While the final regulatory definition will be released later, the government has already signalled that a substantial connection to Canada will generally involve:

A minimum of 1,095 days of physical presence in Canada before the child’s birth or adoption

This total does not need to be continuous, and it can include time spent in Canada as a temporary resident, permanent resident, or citizen, depending on the final regulations.

Time abroad as a crown servant or time spent accompanying a crown servant will also be considered, reflecting the unique circumstances of Canadians serving the country internationally.

Adopted Children Born Outside Canada

The new law brings adopted children into full equality with biological children by providing:

Citizenship for those adopted outside Canada before the law becomes effective if their adoptive parent was Canadian
Citizenship for future adopted children if their Canadian parent meets the substantial connection requirement or was born or naturalized in Canada

By harmonizing adoption-related rules with biological descent rules, the law eliminates inequities faced by adoptive families that lived or worked abroad.

People Who Lost Citizenship Due to Old Retention Rules

A lesser-known issue is that previous versions of the Citizenship Act required certain Canadians born abroad to apply for retention of their citizenship before a specific age.

Those who did not apply — or whose application was refused — lost citizenship.

The new law restores citizenship for individuals who lost it solely due to failure to meet former retention requirements.

Crown Servant Exceptions

Crown servants have long been exempt from certain citizenship limitations because their work requires them to serve Canada outside its borders.

Under the new law, these exemptions continue, ensuring:

Children of crown servants remain eligible for citizenship regardless of generational circumstances
Time spent abroad accompanying a crown servant counts toward substantial connection

This maintains a consistent approach that acknowledges service to Canada.

The Interim Measure: What Applies Until the New Law Is in Force

Even though the law has passed, IRCC is yet to outline the full detailed process to apply.

The date it becomes effective will be publicly announced once set by order-in-council.

Until then, IRCC has put a structured interim measure in place to support those already affected by the first-generation limit.

The Online Questionnaire

The government provides an online tool to assess whether the first-generation limit affects an individual’s situation. The tool asks questions such as

Were you born outside Canada?
Was your Canadian parent also born or adopted outside Canada by a Canadian parent?
Was your parent or grandparent serving Canada abroad as a crown servant?
What is the status of your other parent?
Did adoption occur inside or outside Canada?

Based on your answers, the tool will explain whether:

You may already be a Canadian citizen and should apply for proof, or
The first-generation limit may apply and you can seek relief under the interim measure

Applying Under the Interim Measure

If you are affected by the first-generation limit, you may apply now through the interim process.

Depending on your circumstances, this may involve applying:

For a citizenship certificate
For a grant of citizenship as an adopted person
For a discretionary grant of citizenship

Applicants may also submit documentation showing their parent’s or grandparent’s connection to Canada.

This includes proving substantial connection, which will be central to new decisions once the law comes into force.

If you apply under the interim measure, your application will automatically move forward under the new law when it becomes effective. There will be no need to apply again.

Urgent Processing

If your situation is urgent — for example, if a lack of citizenship affects your legal status, health coverage, employment, or ability to travel — you may request priority processing.

IRCC will evaluate urgent requests individually and may ask for supporting documentation.

How the New Law Changes Real-Life Scenarios

To understand the impact of the new law, it helps to look at how it affects typical family situations that were previously impossible under the first-generation limit.

Second-Generation Canadians Born Abroad

A Canadian citizen born abroad to Canadian parents may have grown up, lived, studied, and worked in Canada for many years.

Later, due to professional or personal circumstances, they may have children abroad.

Under the first-generation limit, those children were not eligible for citizenship.

Under the new law, as long as the parent shows a substantial connection to Canada—generally three years of physical presence—the child can obtain citizenship by descent.

Grandchildren of Canadians Who Lost Citizenship Under Old Rules

Many Canadians born between the 1940s and 1970s were affected by old laws that stripped or denied citizenship.

When the government corrected those errors in 2009 and 2015, their children often became citizens, but their grandchildren born abroad remained excluded.

Under the new law, those grandchildren may now obtain citizenship if their parent was a Canadian at the time of their birth or adoption, even if past laws previously disqualified them.

Adopted Children Born Abroad

Families adopting children abroad faced additional barriers under the old system, particularly beyond the first generation.

Under the new law, adopted children are treated equally and can obtain citizenship if their Canadian parent meets the substantial connection requirement.

Crown Servant Families

Families of government employees, military members, and those in similar positions posted abroad were more protected under the old law, but inconsistencies still existed.

The new law preserves and extends protections for crown servant families.

What Easier Citizenship Law Actually Means

The new law is described as making citizenship easier for those born abroad, but it does so without creating a disconnected, generational chain of citizens with minimal ties to Canada.

The new approach focuses on fairness and connection:

Fairness, because it corrects decades of inequitable and sometimes discriminatory rules
Connection, because it ensures future generations have genuine ties to Canada

The substantial connection model ensures Canada remains inclusive while maintaining meaningful citizenship standards.

What To Do If You Think You Are Affected

If you believe you or your child may be affected by the changes:

Use IRCC’s online questionnaire to determine if the first-generation limit applies.
Begin collecting proof of your connection to Canada, such as school records, employment records, travel documents, and tax records.
Consider applying under the interim measure.
Watch for the official coming-into-force date, which will be announced publicly.

Canada’s new easier citizenship law represents a historic correction to decades of exclusions created by outdated legislation.

It creates a clearer and more just system for citizenship by descent, ensuring children born or adopted abroad can be recognized as Canadian when their parents have real connections to the country.

When the law comes into force, thousands of families will finally gain access to citizenship they were previously denied.

For many, this will close a painful chapter and restore a long-awaited sense of identity, belonging, and fairness.

Frequently Asked Questions (FAQs)

Will my child automatically become a Canadian citizen now that Bill C-3 has royal assent?

Not immediately. The bill has royal assent, but it still needs a formal coming-into-force date set by order-in-council. Until that date, the old rules and the interim measure continue to apply, and you may still need to apply for a citizenship certificate or discretionary grant of citizenship.

If I apply under the interim measure, will I have to re-apply under the new rules?

No. IRCC has confirmed that those who apply using the interim measure will not need to re-apply. Their pending applications will be processed under the new rules once Bill C-3 is in force.

Do I need a lawyer or immigration consultant?

The government has designed the online tool and interim measure so that many people can navigate the process on their own. However, because some family histories are complex — especially where older laws, adoptions, or crown service are involved — some individuals may still choose to seek professional legal advice. The government does not require this, but it may be helpful for complicated cases.

What if I have urgent reasons to get citizenship recognized?

If your situation is urgent — for example, you risk losing immigration status, facing family separation, or missing essential benefits — IRCC allows urgent processing requests. You will need to include a letter explaining the urgency and relevant documentation when you submit your application.

Gagandeep Kaur Sekhon

Gagandeep Kaur Sekhon moved to Canada in 2010 on a study visa. She navigated through the ups and downs of her student life and gained her permanent residency in 2015. Today, she is a proud Canadian citizen residing in Calgary, Alberta. She is mother of 2 beautiful daughters and making her difference through writing and guidance at INC – Immigration News Canada.