Canada’s New Citizenship-by-Descent Rules Are Now in Effect: What Families Abroad Need to Know

Canada has officially implemented new citizenship rules that affect Canadians born or adopted outside the country and their children. These changes are now in force under Bill C-3, an amendment to the Citizenship Act, and are intended to make citizenship law clearer and more consistent for modern Canadian families living internationally.

If you were affected by Canada’s “first-generation limit” or older rules that prevented citizenship from passing down to children born abroad, this update may be highly relevant.

What Changed?

1) Some people born before December 15, 2025 may now be Canadian

Under the new law, individuals born before December 15, 2025 who would have been Canadian citizens but for the first-generation limit or earlier legislative rules are now recognized as Canadian.

These individuals can apply for proof of Canadian citizenship.

This change is especially important for people often referred to as “Lost Canadians” — individuals who previously did not receive citizenship due to gaps or inconsistencies in older citizenship laws.

2) A new path for citizenship going forward

The updated law also introduces a forward-looking rule for future generations.

A Canadian parent who was born or adopted outside Canada may now pass citizenship to a child who is born or adopted outside Canada, provided the parent can demonstrate that they spent at least three years physically present in Canada before the child’s birth or adoption.

This approach ties citizenship by descent to a real connection to Canada through prior residence, rather than removing citizenship entirely after one generation.

Why This Update Matters for Canadian Families Abroad

Many Canadian citizens live outside Canada temporarily for work, education, or family reasons. Under the previous rules, some families faced unexpected barriers when trying to pass citizenship to their children.

The new law helps:

  • Canadians born abroad who were unsure of their citizenship status
  • Families whose children were denied citizenship due to the first-generation limit
  • Canadian parents living overseas who want clarity for future children

What About Pending or Past Applications?

Now that the Citizenship Act has been amended, citizenship applications will be assessed under the new rules. In most cases, individuals do not need to submit a brand-new application solely because of the change in law.

However, anyone with a pending application, prior refusal, or complex family history should review their situation carefully before taking next steps.

Background: Why Canada Changed the Law

Canada introduced the first-generation limit in 2009, which generally prevented citizenship from passing automatically to children born or adopted abroad if the Canadian parent was also born or adopted outside Canada.

In 2023, an Ontario court found key aspects of this law unconstitutional. The federal government chose not to appeal that decision, leading to legislative reform and the passage of Bill C-3.

What Should You Do Next?

If you believe you or your child may be affected by these changes, consider the following steps:

  1. Review your family’s citizenship history, including birthplaces and adoption records.
  2. Confirm whether you qualify under the new rules, especially the three-year physical presence requirement for parents.
  3. Apply for proof of citizenship if you may already be a Canadian citizen under the amended law.
  4. Seek legal guidance if your case involves multiple generations, adoptions, or prior refusals.

How NPZ Law Group Can Help

Citizenship-by-descent cases can appear simple but often involve complex family histories and documentation. NPZ Law Group assists clients with:

  • Citizenship eligibility assessments
  • Proof of citizenship applications
  • Review of physical presence evidence
  • Complex multi-generation and adoption cases
  • Resolving prior refusals or uncertainties

If you or your family may be affected by Canada’s updated citizenship rules, our team can help you navigate the process with clarity and confidence.

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information