How to Claim Canadian Citizenship by Descent Under Canada's New Citizenship Act Bill C-3
Bill C-3 is now in force. If your parent, grandparent, or great-grandparent was Canadian, you may already be a citizen - regardless of where you were born. Here is exactly how to claim it.
Canada has permanently removed the barrier that prevented thousands of people from being recognised as citizens - even though their parent, grandparent, or great-grandparent was Canadian.
At IPJ Immigration Solutions, we have been following Bill C-3 closely since it was introduced. The legislation came into force on December 15, 2025 - and it is not a future promise or a policy intention. It is settled law. If you qualify, you are already a Canadian citizen. You simply need to apply for the document that proves it.
This guide covers what changed, who qualifies, how the new rules work for children born after the law came into force, and what practical steps to take to secure your citizenship certificate.
What Bill C-3 Changed
Before December 15, 2025, Canadian law imposed the first-generation limit (FGL): citizenship could only be passed down for one generation born outside Canada. If your parent was born outside Canada - even if they were a Canadian citizen by descent - you were cut off. The law treated it as the end of the line.
This created the class of "Lost Canadians" - people who had a genuine ancestral connection to Canada but were denied citizenship solely because of where their parent happened to be born. Courts found the rule discriminatory, and Bill C-3 was Parliament's permanent legislative response.
The two key changes are:
- For people born before December 15, 2025: The first-generation limit is retroactively removed. Citizenship now flows through the full ancestral chain back to the original Canadian citizen, regardless of how many generations were born abroad.
- For children born on or after December 15, 2025: A new "substantial connection" requirement applies where a Canadian parent was also born abroad. The parent must have spent at least 1,095 cumulative days (three years) in Canada before the child's birth or adoption.
Who Qualifies Under Bill C-3 - The Retroactive Restoration
Bill C-3 works by retroactively recognising the citizenship of everyone in the ancestral chain who would have been a citizen but for the first-generation limit. This recognition cascades from the original Canadian ancestor down through each generation to the current applicant.
The chain requires one qualifying anchor: an original Canadian citizen, either born in Canada or naturalized. From that anchor, citizenship now flows forward through each subsequent generation born abroad. Your parent or grandparent does not need to have ever applied for or claimed Canadian citizenship during their lifetime - what matters is whether they would have been a citizen.
Citizenship by Descent - Generational Table
| Generation | Relationship to Applicant | Ancestor Status | Result Under Bill C-3 |
|---|---|---|---|
| Generation 1 | Great-grandparent (the Anchor) | Born in Canada or naturalized Canadian | Must be proven. This is the foundation of the entire claim. |
| Generation 2 | Grandparent | Born abroad to Generation 1 | Retroactively recognized as Canadian citizen from birth |
| Generation 3 | Parent | Born abroad to Generation 2 | Retroactively recognized as Canadian citizen from birth |
| Generation 4 | Applicant | Born abroad to Generation 3 | Recognized as Canadian citizen from birth - eligible to apply for citizenship certificate |
Two Worked Examples
Example 1: Citizenship Through a Grandparent
Your grandparent was born in Canada and is your Canadian anchor. Your parent was born abroad but was a Canadian citizen by descent - however, the first-generation limit cut the line before it reached you.
| Generation | Who | Status Under Bill C-3 |
|---|---|---|
| Generation 1 | Your grandparent | Born in Canada. Canadian citizen. This is the anchor. |
| Generation 2 | Your parent | Born abroad. Was a Canadian citizen by descent - but the FGL cut the next generation off. |
| Generation 3 - You | The applicant | Born abroad. Previously excluded. Under Bill C-3: your parent is retroactively deemed to have retained citizenship, so you were born to a Canadian citizen and are now recognised as a Canadian citizen from birth. |
Example 2: Citizenship Through a Great-Grandparent
Your great-grandparent was born in Canada. Bill C-3 allows citizenship to flow sequentially through each generation until it reaches you.
| Generation | Who | Status Under Bill C-3 |
|---|---|---|
| Generation 1 | Your great-grandparent | Born in Canada. Canadian citizen. The anchor. |
| Generation 2 | Your grandparent | Born abroad. Retroactively recognised as Canadian citizen. |
| Generation 3 | Your parent | Born abroad. Retroactively recognised as Canadian citizen (born to a now-recognised Generation 2 citizen). |
| Generation 4 - You | The applicant | Born abroad. Recognised as Canadian citizen from birth. Can apply for citizenship certificate. |
Proof of Citizenship vs Grant of Citizenship
This distinction matters practically. If you qualify under Bill C-3, you are not applying for citizenship - you already have it. You are applying for proof of citizenship: a Canadian citizenship certificate that documents a status the law recognises you have held since birth.
- No deadline to apply: Because Bill C-3 recognises citizenship retroactively as a legal right, you can apply at any point in the future without your status lapsing. There is no cutoff date.
- No expiry on your citizenship: Your status does not lapse if you fail to apply promptly. The certificate proves what the law already recognises.
- Processing time in 2026: IRCC is currently quoting approximately 9-12 months for citizenship certificate applications. Application volumes have increased significantly since Bill C-3 came into force, and files are trending toward the upper end of that range.
- Government filing fee: CAD $75 per person as of 2026.
Paper applications recommended for most Bill C-3 claims. The IRCC online portal was designed around the former first-generation limit and may not handle complex multigenerational family histories reliably. Where there is any doubt, submit by paper - it allows you to fully explain your circumstances and submit all supporting documents.
The New Rule for Children Born After December 15, 2025
Bill C-3 corrects the past - but it also establishes a new framework for future citizenship transmission. If you are a newly recognised Canadian citizen (born abroad yourself) and plan to have children born abroad after December 15, 2025, those children will not automatically inherit your citizenship unless you meet the substantial connection test.
What the Substantial Connection Test Requires
- The Canadian parent must have spent at least 1,095 cumulative days (three years) physically present in Canada before the child's birth or adoption.
- The days do not need to be consecutive - they can be accumulated at any point in the parent's life.
- Citizens born in Canada or naturalized citizens are not subject to this test - they pass citizenship automatically.
How This Plays Out Across a Family
| Child | Born | Outcome |
|---|---|---|
| Older child (e.g. Luc) | Before Dec 15, 2025 | Automatically Canadian - Born before the in-force date. Substantial connection test does not apply. |
| Younger child (e.g. Camille) | After Dec 15, 2025 | NOT automatically Canadian - Parent must have spent 3 years in Canada. If parent has never lived in Canada, Camille does not inherit citizenship. |
The Jus Soli Option: Having Your Child Born in Canada
Canada grants automatic citizenship to anyone born on Canadian soil, regardless of the parents' immigration status. This is birthright citizenship - known legally as jus soli. For newly recognised Canadians who plan to have children and have not yet spent three years in Canada, this is a meaningful and entirely legal option.
As a Canadian citizen, you have the right to enter and remain in Canada. A child born on Canadian soil becomes a Canadian citizen from birth - no substantial connection test applies, no physical presence calculation is required for the parent.
This workaround applies to birth, not to international adoption. A child adopted from abroad after December 15, 2025 remains subject to the substantial connection test. Families considering international adoption should seek legal guidance on how the test applies to their situation.
What Documents Are Needed to Claim Your Citizenship
Every link in the ancestral chain must be evidenced - there is no room to skip a generation. Common requirements include:
- Birth certificate for the applicant and every person in the chain
- Marriage certificates wherever a surname changed across generations
- Adoption documents, where applicable, for any person in the chain
- Proof that the original Canadian ancestor was a citizen - a Canadian birth certificate, naturalization papers, a Canadian passport, or military records
- Certified copies and translations where records come from multiple countries
Where records have gaps, name discrepancies, or span multiple jurisdictions, additional legal documentation - such as sworn affidavits - may be required to bridge the chain. Small inconsistencies across historical records can affect outcomes even where eligibility is clear, which is why careful preparation matters before submission.
Paper Application or Online?
IRCC's online citizenship certificate portal was designed around the former first-generation limit. For most Bill C-3 claims - particularly multigenerational ones, cases involving Lost Canadians, or situations where any ancestor was adopted - a paper application is the safer choice.
A paper application allows you to fully explain your circumstances and attach all supporting documents. It gives IRCC officers the flexibility to assess cases that fall outside the standard templates built into the online system. Retroactive claims depend on historical facts rather than simple checkboxes - and paper is the format that accommodates that complexity.
When a Citizenship by Descent Claim Becomes Complex
Most Bill C-3 claims are not simply a matter of submitting a form. Eligibility depends on historical facts - which version of the Citizenship Act applied at the time of each ancestor's birth, whether citizenship was lost or retained under earlier laws, and whether every documentary link in the chain is legally admissible.
Situations that require careful legal assessment include:
- Ancestors born under pre-1947 Canadian citizenship law (before Canada had its own citizenship act)
- Name changes, multiple marriages, or discrepancies in how names appear across historical records
- Ancestors who may have had criminal history or inadmissibility issues that affected their citizenship status
- Cases where an ancestor's citizenship status is uncertain due to early emigration before formal records existed
- International adoption at any point in the generational chain
Our immigration lawyer reviews the full family timeline against the versions of the Citizenship Act in effect at each relevant date - identifying exactly what is needed and what may create a gap in the chain before you submit.
What You Can Do Once Your Citizenship Is Confirmed
A Canadian citizenship certificate opens doors beyond a passport. Once your citizenship application is confirmed and your certificate is issued, you acquire the same rights as any Canadian citizen - including the right to sponsor immediate family members for permanent residence in Canada.
The most common step our clients take after confirming citizenship by descent is sponsoring their spouse or partner. Spousal sponsorship currently takes approximately 15 months outland (applying from outside Canada) and includes an Open Work Permit for the sponsored partner during processing. Sponsoring your spouse is a separate legal process from your citizenship claim and requires its own application and service agreement.
Other family sponsorship options - including sponsoring dependent children or, when the program reopens, parents and grandparents - also become available once Canadian citizenship is confirmed.
Immigration Services We Offer in Mississauga
IPJ Immigration Solutions is based at 601-165 Dundas St. W., Mississauga, ON. Our licensed RCICs and immigration lawyer serve clients across the GTA and Canada on every major immigration program.
| Service | What It Covers |
|---|---|
| Express Entry in Mississauga | Federal skilled worker, Canadian experience class, and skilled trades PR pathways - CRS profile building through to PR confirmation. |
| Canadian Experience Class in Mississauga | PR for workers already in Canada with at least one year of skilled Canadian work experience. |
| Federal Skilled Worker Program in Mississauga | PR for internationally trained professionals applying from outside Canada through Express Entry. |
| Federal Skilled Trades Program in Mississauga | PR pathway for certified tradespeople with a job offer or Canadian trade certificate. |
| Spousal Sponsorship in Mississauga | Sponsorship of a spouse or common-law partner for permanent residence. Outland and inland options available. |
| Family Sponsorship in Mississauga | Sponsorship of family members including dependent children, parents, and grandparents. |
| Parent and Grandparent Sponsorship in Mississauga | Sponsoring parents or grandparents for permanent residence when the federal PGP program reopens. |
| Citizenship Application in Mississauga | Grant of citizenship and proof of citizenship - including citizenship by descent claims under Bill C-3. |
| PR Card Renewal in Mississauga | Permanent resident card renewal and residency obligation compliance assessments. |
| Work Permit in Mississauga | LMIA-based work permits, intra-company transfers, open work permits, and employer-specific permits. |
| Post Graduation Work Permit in Mississauga | PGWP applications for international graduates of Canadian designated learning institutions. |
| Study Permit in Mississauga | Study permit applications for international students, including extensions and conditions compliance. |
| Visitor Visa in Mississauga | Temporary Resident Visa (TRV) and Super Visa applications for parents and grandparents. |
| Temporary Resident Permit in Mississauga | TRP applications for individuals who are otherwise inadmissible but have a compelling reason to enter Canada. |
| Criminal Rehabilitation in Mississauga | Deemed or individual rehabilitation applications to resolve criminal inadmissibility to Canada. |
| Inadmissibility to Canada - Mississauga | Legal assessment and resolution of criminal, medical, or misrepresentation-based inadmissibility. |
| Humanitarian and Compassionate Application in Mississauga | H&C applications for individuals facing exceptional hardship if removed from Canada. |
| Conjugal Partner Sponsorship in Mississauga | Sponsorship for couples in genuine relationships unable to cohabit or marry due to an immigration barrier. |
Frequently Asked Questions
People born or adopted abroad before December 15, 2025, who were excluded only because of the first-generation limit may now be recognised as Canadian citizens. This includes individuals whose Canadian ancestor is a parent, grandparent, or great-grandparent - provided the chain of descent can be documented back to an original Canadian citizen (born in Canada or naturalized). There is no generational limit for people born before the in-force date.
Your citizenship status is recognised automatically under the law - but you must apply for a citizenship certificate to document that status. The certificate is proof of the citizenship you already hold. There is no deadline to apply - you can do so at any time in the future without your status lapsing. See our citizenship application page for how we manage this process.
That does not prevent your claim. Under Bill C-3, what matters is whether they would have been a Canadian citizen but for the first-generation limit - not whether they applied for proof during their lifetime. The law restores the status retroactively regardless of whether earlier generations ever engaged with IRCC.
The substantial connection test applies to children born or adopted abroad after December 15, 2025, to a Canadian parent who was also born abroad. That parent must have spent at least 1,095 cumulative days (three years) physically present in Canada before the child's birth. It does not affect anyone born before December 15, 2025. Citizens born in Canada or naturalized citizens are not subject to this test.
Yes. Once your citizenship certificate is issued, you have the right to sponsor your spouse or common-law partner for permanent residence in Canada through the spousal sponsorship program. This is a separate process from your citizenship claim and requires a new service agreement. Current outland processing time is approximately 15 months, with an Open Work Permit available during processing.
If you have not met the substantial connection test, your child born abroad after December 15, 2025 is not automatically Canadian by descent. One option is jus soli: if future children are born on Canadian soil, they become Canadian citizens by birth regardless of your physical presence history. As a Canadian citizen, you have the right to enter and remain in Canada for the birth.
Yes, and equally. The retroactive restoration applies to children adopted abroad before December 15, 2025, in the same way as biological children. For adoptions after December 15, 2025, the substantial connection test applies. Note that the jus soli workaround (giving birth in Canada) does not apply to international adoptions - it covers births on Canadian soil only.
As of mid-2026, IRCC is quoting approximately 9-12 months for citizenship certificate applications. Application volumes have increased significantly since Bill C-3 came into force, and in practice many files are tracking toward the upper end of that range. Verify current times using the official IRCC processing time tool.
For most Bill C-3 claims - particularly multigenerational ones or cases involving adopted ancestors - a paper application is the safer choice. The online system was built around the former first-generation limit and may not handle complex family histories reliably. Paper applications allow you to explain your circumstances fully and submit all supporting documents. Where there is any doubt, apply on paper.
Yes. For people born before December 15, 2025, Bill C-3 does not set an arbitrary generational limit on how far back the Canadian anchor can be. As long as each link in the chain can be documented - that every person from the original Canadian ancestor down to you would have been a citizen but for the first-generation limit - citizenship can be recognised regardless of the number of generations involved. The challenge is documentary, not legal.
This article reflects Canada's Citizenship Act as amended by Bill C-3, which came into force on December 15, 2025. Immigration law changes frequently. This article is for informational purposes only and does not constitute legal advice. Every situation is unique. Please book a consultation for guidance specific to your circumstances.
Founder
About the Author
Irena Bartoszewicz Szajna
Senior RCIC - Founder, IPJ Immigration Solutions
Irena has guided families, workers, and professionals through the Canadian immigration process for over 20 years. As founder of IPJ Immigration Solutions and a Regulated Canadian Immigration Consultant (RCIC) licensed through the College of Immigration and Citizenship Consultants (CICC), she brings both the technical rigour and the personal understanding that complex immigration cases demand. Every article she writes reflects real-world file experience, not theory.
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