New Amendments Propose Tougher Rules for Citizenship by Descent
Many children of Canadian citizens could soon lose automatic eligibility for citizenship by descent if the latest amendments to Bill C-3 are passed into law.
The proposed changes to Canada’s Citizenship Act would significantly tighten the rules for children born or adopted outside Canada. Under the amended version, citizenship by descent beyond the first generation would face new restrictions for children born or adopted after the legislation comes into force.
However, children born or adopted before the new law takes effect would still qualify for Canadian citizenship under the current rules.
Key Change: Three-Year Residency Requirement
According to the latest draft of Bill C-3, children born or adopted abroad to Canadian citizens by descent would only acquire citizenship at birth or adoption if their Canadian parent has physically lived in Canada for at least three years within the five years before the child’s birth or adoption.
This requirement replaces the earlier “substantial connection to Canada test,” which allowed parents to count three years of residence at any point in their lives, without the five-year restriction.
New Restrictions Under the Amendments
The revised Citizenship Act amendments also introduce two new conditions not present in earlier drafts:
1. Security Assessment
Applicants aged 18 or older seeking proof of Canadian citizenship by descent will need to undergo an official review to ensure they are not involved in issues related to national security, human rights violations, criminal activity, or economic sanctions.
2. Knowledge of Language and Culture
Applicants between 18 and 55 years old will be required to demonstrate sufficient knowledge of English or French, as well as an understanding of Canadian culture, values, rights, and responsibilities.
Understanding Citizenship by Descent
Citizenship by descent allows children born outside Canada to inherit citizenship from their Canadian parent — either at birth or through adoption.
However, since 2009, the first-generation limit (FGL) has restricted this right. Under the current law, children of Canadian citizens born or naturalized in Canada can gain citizenship by descent, but children of citizens by descent cannot pass citizenship to their own children born abroad.
In December 2023, the Ontario Superior Court of Justice ruled that this FGL restriction was unconstitutional, prompting the federal government to introduce Bill C-3 to modernize the Citizenship Act.
Accountability and Reporting Requirements
The updated Bill C-3 amendments also require the Minister of Immigration to submit an annual report to Parliament detailing:
- The number of people who obtained citizenship through the new law, and
- Cases where security assessments were waived.
The federal government has until November 20, 2025, to finalize the amendments to the Citizenship Act.
For Bill C-3 to become law, it must still pass its third reading in both the House of Commons and the Senate, followed by Royal Assent.
Interim Measures for Lost Canadians
Until the new law takes effect, individuals affected by the first-generation limit can apply for discretionary grants of citizenship.
To do so, applicants must:
- Submit an online application for proof of citizenship, and
- Include all required documentation.
The Immigration, Refugees and Citizenship Canada (IRCC) will review each submission to determine eligibility.
As of 2025, the average processing time for citizenship applications is approximately eight months; however, individuals facing hardship may request expedited processing.
Proposed Amendment on Birthright Citizenship Rejected
During committee discussions, a proposal by Conservative MP Michelle Rempel Garner to end birthright citizenship in Canada was voted down.
Had it passed, children born in Canada would only receive citizenship if at least one parent was a Canadian citizen or permanent resident at the time of birth.
Currently, birthright citizenship remains protected under Canadian law — meaning all children born in Canada automatically become citizens, regardless of their parents’ immigration status, except in limited cases (such as children of foreign diplomats).
This policy of jus soli (citizenship by birth) is a longstanding practice across the Americas, while many other regions, such as Europe and Asia, follow stricter citizenship-by-parentage systems similar to the one proposed in Garner’s amendment.
