The Canadian government has taken the final steps to overhaul its citizenship by descent rules, officially passing Bill C-3, An Act to amend the Citizenship Act (2025). This landmark legislation restores Canadian status to thousands of individuals worldwide who were previously excluded by an unconstitutional restriction known as the “first-generation limit” (FGL).
While the law has received Royal Assent (November 20, 2025), it is not yet officially “in force” as Immigration, Refugees and Citizenship Canada (IRCC) works to implement the necessary administrative changes, with an expected timeline of early 2026. However, the legal mechanism to grant citizenship retroactively is now established, offering clarity and certainty to families separated from their Canadian heritage by decades of flawed legislation.
On this page you will find
- How Bill C-3 changes citizenship by descent
- The end of the first-generation limit and who qualifies
- Examples of multigenerational citizenship restoration
- How automatic and retroactive citizenship works
- New substantial connection rules for future births
- Steps to apply for proof of citizenship under interim measures
- How many people could be affected by these new rules?
- Why legal advice can help with complex ancestry cases
The Unconstitutional Barrier: The First-Generation Limit
Since 2009, Canadian law generally imposed a rigid rule: citizenship could only be passed down for one generation born outside of Canada.
This created the class of “Lost Canadians” – descendants of Canadian citizens who, through no fault of their own, were cut off from their birthright because their Canadian parents had also been born abroad. This limit was successfully challenged in court as being discriminatory, leading directly to the creation of Bill C-3.
The key breakthrough of the new law is that it grants citizenship retroactively to people born before the coming-into-force date who were affected by the FGL, effectively removing the generational limit for them.
Multigenerational Restoration: Citizenship Through Ancestry
Bill C-3’s retroactive provision now allows for citizenship to flow beyond the first generation, recognizing the entire chain of descent provided there is an original anchor (an ancestor who was a Canadian citizen, either by birth in Canada or by naturalization).
For individuals who were born outside Canada before the bill takes effect, the process is now focused on proving the direct lineal link to the Canadian ancestor.
Canadian Citizenship Descent Table
| Generation | Ancestor Status | Impact of Bill C-3 (Retroactive) |
| Generation 1: Great-Grandparent | The Anchor Canadian Citizen | Must be proven to have been a Canadian citizen (by birth in Canada or naturalization). |
| Generation 2: Grandparent | Child of Anchor Born abroad | Automatically recognized as a Canadian citizen (as they were born to a citizen). |
| Generation 3: Parent | Grandchild of Anchor Born abroad | Automatically recognized as a Canadian citizen (as they were born to the newly newly recognized Gen 2 Canadian). |
| Generation 4: Applicant | Great-grandchild of Anchor Born abroad | Automatically recognized as a Canadian citizen (as they were born to the newly newly recognized Gen 3 Canadian) |
Example 1: Citizenship Through a Grandparent (The Common Case)
In this scenario, the applicant is the grandchild of the original citizen.
- Generation 1 (Original Citizen): Your Grandparent was a Canadian Citizen.
- Generation 2 (Your Parent): Born abroad, but was a citizen by descent until the FGL cut the link for the next generation.
- Generation 3 (You, the Applicant): Born abroad, and was previously excluded by the FGL.
The Result Under Bill C-3: Because Bill C-3 retroactively cancels the FGL for those born in the past, your Parent is now deemed to have retained their citizenship, and therefore, you were born to a Canadian citizen and are now recognized as a Canadian citizen from birth.
This resolution holds true even if your parents never claimed or applied for their Canadian citizenship status. The key is that they would have been a citizen but for the FGL.
Example 2: Reaching Back to the Great-Grandparent (The Farthest Reach)
The new law allows the restored citizenship to travel up the family tree and flow back down, reaching individuals whose connection is three generations removed from the original Canadian anchor.
- Generation 1 (Original Citizen): Your Great-Grandparent was a Canadian Citizen.
- Generation 2 (Your Grandparent): Born abroad.
- Generation 3 (Your Parent): Born abroad.
- Generation 4 (You, the Applicant): Born abroad, previously excluded.
The Result Under Bill C-3: The law will sequentially recognize citizenship in the lineage:
- The Grandparent is retroactively recognized as a citizen.
- The Parent is retroactively recognized as a citizen.
- You are now recognized as a Canadian citizen at birth.
This is a significant victory for people tracing their lineage, as the law, for past births, does not set an arbitrary limit on how far back the Canadian ancestor can be.
The Nature of the Claim (Automatic & Retroactive)
The individuals targeted by Bill C-3, are not applying for a “grant” of citizenship that has an expiration date. Instead, an applicant is applying for “proof of citizenship” (a Citizenship Certificate) for a status that the law now recognizes the claimant has held since birth.
- Status: A claimant’s citizenship status is deemed automatic and retroactive. The new law corrected the historical errors that previously cut off one’s right to citizenship.
- No Deadline: Because citizenship is a recognized right, there is no deadline to file the application to claim a Citizenship Certificate. One can apply at any time in the future.
The New Framework: A “Substantial Connection” Requirement
While Bill C-3 repairs the past, it also establishes a new, clearer framework for future citizenship transmission to protect the value of Canadian citizenship and ensure a meaningful link to the country.
For children born on or after the date the bill officially comes into force, a new requirement will apply if the Canadian parent was also born abroad (i.e., citizenship is being passed on past the first generation once again):
The Canadian parent must demonstrate a Substantial Connection to Canada, defined as having accumulated at least 1,095 cumulative days (three years) of physical presence in Canada before the child’s birth or adoption.
This means:
- Citizens born in Canada or naturalized in Canada: Still pass citizenship automatically to their children born abroad.
- Citizens born abroad (who now pass on citizenship): Must demonstrate their three years of physical residence in Canada for their children born after the bill’s in-force date to acquire citizenship at birth.
Next Steps for Claimants
Individuals who believe they qualify for citizenship through a grandparent or great-grandparent based on the retroactive changes should take action now:
- Gather Documentation: Collect birth certificates, marriage certificates, and the proof of citizenship for the original Canadian ancestor (whether it is a grandparent or great-grandparent).
- Apply via Interim Measures: The government has established interim measures allowing individuals affected by the FGL to file for a Citizenship Certificate now. Applicants doing so will have their files processed under the new, favorable rules once the system is fully updated, avoiding the need to re-apply.
Bill C-3 is not just a legislative fix; it is a foundational reset that acknowledges the profound cultural and emotional ties of “Lost Canadians” to their ancestral home, ensuring that citizenship by descent is fair, inclusive, and reflective of modern global family mobility.
Working with a Licensed Immigration Lawyer
While Bill C-3 simplifies the legal standard (by removing the generational limit for past births), the application process itself remains an exercise in complex document retrieval and legal interpretation. Working with a licensed immigration lawyer is crucial for those tracing multigenerational descent for the following reasons:
a) Verification and Legal Admissibility
For individuals tracing their ancestry back to a grandparent or great-grandparent, the challenge is not legal theory but documentary proof. A trained lawyer specializes in reviewing the entire family timeline against various versions of the Citizenship Act that were in effect at the time of each ancestor’s birth (e.g., the 1947 Act, the 1977 Act, etc.).
Your application relies on proving that every ancestor in the chain, from the original Canadian down to you, would have been a Canadian citizen at the time of the next generation’s birth. A lawyer can pinpoint what documents are missing, correctly calculate dates of citizenship loss/retention, and address complications such as name changes, boundary shifts, and dual citizenship issues that could break the chain of descent.
b) Mitigating Risk and Maximizing Efficiency
Given the volume of expected applications under Bill C-3, the government is highly likely to reject applications that are incomplete, poorly organized, or lack essential supporting affidavits. A legal representative ensures:
- Accurate Application: They ensure that the specific forms for “Proof of Citizenship” are correctly completed, avoiding the long delays associated with IRCC returning an incomplete package.
- Handling Complexity: Cases involving death (where the ancestor never claimed citizenship), adoption, or births that occurred under complex old laws require specialized legal arguments and documentary submissions that go far beyond standard application forms.
- Leveraging Interim Measures: By filing the application now under the interim discretionary grant measure, a lawyer ensures your application is “in queue” and can be processed under the favorable Bill C-3 rules as soon as they are fully implemented, potentially saving months or years of waiting.
In summary, while Bill C-3 clears the legal path, a qualified lawyer acts as the expert navigator, ensuring your family’s unique history is correctly documented and legally admissible to secure your automatic recognition as a Canadian citizen.
Frequently Asked Questions
Who qualifies for citizenship under Bill C-3?
People born outside Canada before the new law takes effect who lost or were denied citizenship because of the first-generation limit may now be recognized as Canadian citizens. They must demonstrate a direct line of descent from an original Canadian ancestor, such as a grandparent or great-grandparent.
Is citizenship automatic under the new law?
For past births, yes. Under Bill C‑3, eligible individuals are recognized as citizens from birth. They are not applying to become citizens but rather to obtain official proof of the citizenship they already possess. Once the lineage is verified, IRCC will issue a Citizenship Certificate confirming this status.
Do I need to wait until the law is fully in force to apply?
No. IRCC has created interim measures allowing eligible applicants to submit proof-of-citizenship applications now. These applications will be processed under Bill C-3 rules once the system updates are complete.
How far back can ancestry go for a citizenship claim and is there a statutory date when applications must be submitted?
There is no fixed generational limit on past births. Citizenship may be traced through a Canadian great-grandparent or even earlier, provided the lineage is clearly documented. Each generation must be supported by reliable evidence—such as birth, marriage, and citizenship records—that establish an unbroken chain of descent.
What changes for children born after the law comes into force?
Children born outside Canada to Canadian parents who were also born abroad will now be subject to a new substantial connection requirement. To automatically transmit citizenship to their child, the parent must have been physically present in Canada for at least 1,095 days before the child’s birth.
How many people are likely affected by the new Citizenship-by-Descent Rules Under Bill C-3?
Various reports estimate that between 350,000 and 500,000 individuals may become Canadian citizens under the new citizenship-by-descent rules introduced by Bill C-3. This figure does not include their accompanying dependents, who could become eligible for permanent residence through Family Class sponsorship and, in turn, may later qualify for citizenship through naturalization under the Citizenship Act. The vast majority of this cohort is believed to reside primarily in the United States, the United Kingdom, and other countries.
