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Citizenship by descent after Bill C-3: can your child born abroad be Canadian?

Since December 15, 2025, Canadian citizenship can pass to children born abroad beyond the first generation. People born before that date to an affected Canadian parent became citizens automatically. For children born or adopted abroad on or after that date, the Canadian parent who was also born abroad must have spent 1,095 days in Canada before the birth or adoption.

Key takeaways

  • Bill C-3 came into force on December 15, 2025 and changed the first-generation limit
  • Many people born abroad before that date in the second or later generations became citizens automatically
  • For a child born or adopted abroad on or after December 15, 2025, the Canadian parent born abroad needs 1,095 days (3 years) of physical presence in Canada before the birth or adoption
  • Nobody lost citizenship because of the new law
  • You prove citizenship with a citizenship certificate; the fee is $75 (October 2026)

What changed with Bill C-3?

Before December 15, 2025, Canada had a first-generation limit. A child born outside Canada to a Canadian parent was a citizen only if that parent was born in Canada or naturalized. If the Canadian parent was also born abroad to a Canadian, the child usually did not get citizenship. Courts found this rule unconstitutional, and Parliament passed Bill C-3, An Act to amend the Citizenship Act (2025). It came into force on December 15, 2025 (IRCC).

The new law does two things:

  • It restores or gives citizenship to many people born abroad before December 15, 2025 who were cut off by the old limit, including some "Lost Canadians".
  • It sets a substantial connection test for future generations born or adopted abroad.

Born before December 15, 2025

If you were born outside Canada before December 15, 2025 and were not a citizen only because of the first-generation limit, you may have become a citizen automatically when the law came into force. You do not apply to "become" a citizen. You apply for proof of citizenship (a citizenship certificate).

One rule still applies: you are not automatically a citizen if your parent became a Canadian citizen only after you were born. Your parent must have been a citizen at the time of your birth.

People adopted abroad before December 15, 2025 by a Canadian parent who was born or adopted abroad do not get citizenship automatically. Their parent can apply for citizenship for them through the adoption process.

Born or adopted on or after December 15, 2025: the 1,095-day rule

For a child born or adopted outside Canada on or after December 15, 2025, to a Canadian parent who was also born or adopted abroad, the parent must show a substantial connection to Canada:

At least 1,095 days (three years) of cumulative physical presence in Canada before the child’s birth or adoption.

  • The days are cumulative: they do not need to be in a row.
  • The days must be before the birth or adoption. Time in Canada after the baby is born does not count.
  • The test is about the Canadian parent, not the child.
  • Only physical presence counts. Time abroad, even while living in Canada on paper, does not.

If the Canadian parent was born in Canada or naturalized in Canada, the 1,095-day test does not apply: the child born abroad is a citizen by descent, as before.

IRCC has not published a day-counting tool for this test. Collect proof of your days in Canada now: passports with stamps, school records, tax returns, leases, pay slips and travel history from the CBSA.

Quick check: is my child Canadian?

The Canadian parent was…Child born abroad before Dec 15, 2025Child born abroad on or after Dec 15, 2025
Born in CanadaCitizenCitizen
Naturalized in Canada before the birthCitizenCitizen
Born abroad to a Canadian (citizen by descent)Likely citizen automatically under Bill C-3Citizen if the parent had 1,095 days in Canada before the birth
Naturalized only after the birthNot automaticNot automatic

Adopted children follow separate rules. Try our citizenship by descent checker and confirm with IRCC’s "Am I a Canadian citizen?" tool.

How to get proof of citizenship

  1. Apply for a citizenship certificate through IRCC’s proof of citizenship service. The fee is $75 (IRCC fee list, checked October 5, 2026).
  2. Prove the family line. You need certified official records: birth certificates showing parents, marriage records, adoption records, legal name changes, court records or official archive documents.
  3. Prove the parent’s days in Canada if the 1,095-day test applies.
  4. Then apply for a passport. A citizenship certificate is not a travel document.

Processing takes months and demand is high. In June 2026, IRCC reviewed some certificates issued under Bill C-3 because guidance on acceptable documents had been unclear, and it updated its document checklist. Genealogy website printouts and family trees are not enough. Send certified records from official sources.

Start by ordering certified birth records for each generation in the line, from you back to the Canadian ancestor. Records from other countries may need a certified English or French translation.

If you plan to have children abroad

If you are a Canadian citizen who was born abroad and you plan to live outside Canada, count your days in Canada now. If you have fewer than 1,095 days, a child born abroad after December 15, 2025 would not get citizenship by descent. Options include spending more time in Canada before the birth, or giving birth in Canada. A child born in Canada is a citizen by birth, whatever the parents’ status (the main exception is children of foreign diplomats).

If you are a permanent resident, your child born abroad is not Canadian through you until you become a citizen before the birth. See citizenship basics and the citizenship days calculator. Leaving Canada with PR? Read will I lose my PR.

Dual citizenship and other countries

Canada allows dual and multiple citizenship. Your other country may not. Some countries require you to choose at 18 or 21, or do not let you keep a foreign passport. Check the rules of the other country before you apply for a Canadian certificate or passport for your child.

Canadian citizens, including citizens by descent, must use a Canadian passport to fly to Canada. A citizen by descent cannot enter on another country’s passport with an eTA. So once your child is confirmed as a citizen, apply for a Canadian passport before you plan a trip to Canada.

This page is general information, not legal advice. Citizenship cases with adoption, old records or several generations can be complex. Speak to a licensed lawyer or a regulated Canadian citizenship consultant.

Common questions

Is the first-generation limit gone?
It was changed on December 15, 2025. Many people born abroad before then in later generations became citizens automatically. For children born or adopted abroad after that date, the Canadian parent born abroad needs 1,095 days in Canada before the birth or adoption.
Do the 1,095 days have to be in a row?
No. IRCC describes them as cumulative physical presence in Canada, counted before the child’s birth or adoption.
How much does proof of Canadian citizenship cost?
The citizenship certificate fee is $75 as of October 2026. A passport is a separate application with its own fee.
Did anyone lose citizenship under Bill C-3?
No. The new law gives or confirms citizenship. It did not take citizenship away from anyone.
My parent became a citizen after I was born. Am I Canadian?
Not automatically. Your parent must have been a Canadian citizen when you were born. You may be able to immigrate or apply through another route.
Can I use a family tree from a genealogy website as proof?
No. IRCC asks for official records such as certified birth, marriage and adoption documents, court records or official archive documents.

Sources

Checked against these sources on October 5, 2026. Spotted something out of date? Tell us.

General information, not legal advice. Immigration rules change often and depend on your situation. Check IRCC or speak with a licensed consultant (RCIC) or lawyer before you apply.