On December 15, 2025, Bill C-3 changed who can be a Canadian citizen by descent. Many people born outside Canada to a Canadian parent who was also born abroad are now citizens. Children born abroad from that date on can be citizens too, if their Canadian parent spent at least 1,095 days in Canada before the birth or adoption.
What changed
Since 2009, Canada had a “first-generation limit.” A child born outside Canada was a citizen by descent only if their Canadian parent was born in Canada or naturalized. If the parent was also born abroad to a Canadian, the child usually was not a citizen.
Courts found this rule unconstitutional, and Bill C-3 replaced it. There are now two groups:
| You were born or adopted abroad | What the new law says |
|---|---|
| Before December 15, 2025 | If you were left out only because of the first-generation limit (or certain older rules), you are generally now a citizen. |
| On or after December 15, 2025 | You are a citizen by descent if your Canadian parent had at least 1,095 days of physical presence in Canada before your birth or adoption. |
The 1,095-day connection test
For children born or adopted abroad on or after December 15, 2025, the Canadian parent must show a “substantial connection” to Canada:
- at least 1,095 days (three years) physically present in Canada;
- counted in total, not necessarily in a row; and
- all before the child’s birth or adoption.
Keep records that prove time in Canada, such as school records, tax returns, employment records and passport stamps. The parent may need them when applying for the child’s proof of citizenship.
Am I already a citizen?
If the new law applies to you, you do not apply to become a citizen. You apply for proof of citizenship (a citizenship certificate). That certificate is what you need to get a Canadian passport.
You will usually need:
- your birth certificate showing your parents;
- proof that your parent (and sometimes grandparent) was a Canadian citizen; and
- for children born on or after December 15, 2025, proof of the parent’s 1,095 days in Canada.
Common situations
- Born in the United States or India to a parent who was born abroad to a Canadian. You may now be a citizen. Apply for a citizenship certificate.
- Your child was born abroad in 2026. Check whether you have 1,095 days in Canada before the birth. If you do, apply for your child’s certificate.
- You were refused a certificate before December 15, 2025. The law has changed, so a new application may succeed.
- You were adopted abroad. Separate rules may apply, including a direct grant of citizenship. Get advice on which route fits.
When to get legal help
Most straightforward cases can be done with a careful application. Get advice if your family history spans several generations, records are missing, you were adopted, or a previous application was refused.
Our immigration lawyers in Abbotsford, Surrey and Vancouver help families across Canada and abroad with citizenship questions. See our citizenship lawyers page, or book a consultation.
FAQ
What is Bill C-3?
Bill C-3 amended the Citizenship Act to remove the first-generation limit on citizenship by descent. The changes took effect on December 15, 2025.
Do I need to apply to become a citizen?
If the new rules make you a citizen, you apply for proof of citizenship, not for a grant of citizenship.
Does the 1,095-day test apply to me?
It applies to children born or adopted outside Canada on or after December 15, 2025, to a Canadian parent who was also born abroad.