Canada: Proposed Law Seeks to Expand Citizenship by Descent Eligibility

Update December 15, 2025: Effective December 15, 2025, Canada’s amended citizenship framework, as outlined in Bill C-3, has been approved and is now in effect as law. The changes automatically recognize as Canadian citizens individuals born before December 15, 2025, who were previously excluded due to the first-generation limit or other outdated provisions, allowing them to apply for proof of citizenship. The legislation also establishes a more modern framework for citizenship by descent. Canadian parents who were born or adopted abroad may now pass citizenship to children born or adopted outside Canada, provided the parent can demonstrate three years (1,095 days) of physical presence in Canada prior to the child’s birth or adoption. For more details, visit the citizenship section of the Canadian government’s official website.

June 5, 2025: The Minister of Immigration, Refugees and Citizenship Canada (IRCC) has introduced Bill C-3, a legislative proposal that would significantly amend Canada’s citizenship laws. The bill seeks to automatically grant Canadian citizenship to persons born abroad to a Canadian parent who is also born abroad. Currently, citizenship can only be passed to a child born outside Canada if the Canadian parent was either born in Canada or naturalized before the child’s birth. It also proposes a new framework for citizenship by descent, allowing individuals born abroad beyond the first generation to acquire Canadian citizenship if their Canadian parent can demonstrate a substantial connection to Canada - defined as at least 1,095 cumulative days (approximately three years) of physical presence in the country prior to the child’s birth or adoption. According to IRCC, the previously implemented interim measures, allowing an expansion of citizenship, will continue to be available while Parliament considers the proposed bill. Further details will be available if the bill is passed by Parliament and receives royal assent, which is anticipated soon.