The long wait is over for thousands of individuals seeking to affirm their place in the Canadian family. On December 15, 2025, Bill C-3, officially known as “An Act to Amend the Citizenship Act,” became law, providing a clear pathway to Canadian citizenship for many who were previously excluded. The Citizenship Act now allows for second-generation children born abroad to Canadians to obtain Canadian citizenship.
The Government of Canada has stated that these changes are designed to make Canadian citizenship law fair, clear, and reflective of how Canadian families live today, whether at home or abroad.
Who are the Second-Generation Born Abroad?
Canadian citizens who have children when they are outside Canada will impart citizenship on their children, even though they were born abroad. If a Canadian parent born in Canada gives birth to a child outside Canada, then this child will be the first generation born abroad. If that first -generation child becomes an adult then has a child of their own which is born outside of Canada, then that child is the second-generation born abroad. Under the new law, the second generation born abroad are also considered to be Canadian citizens, as are further generations born abroad. However, a distinction is made between those born abroad before the passing of Bill C-3 on December 15, 2025. Those second-generation born abroad before December 15, 2025 will automatically be considered citizens, while those born after December 15, 2025 will have to meet a “substantial connection” test, whereby the parent will have to show that they were in Canada for at least 1,095 days (3 years) before the birth of the child.
Why the Law Has Changed
On December 19, 2023, the Ontario Superior Court of Justice decided in Bjorkquist et al. v. Attorney General of Canada, that the “second-generation cut-off” rule at section 3(3)(a) of the Canadian Citizenship Act was unconstitutional, as it infringed on equality rights guaranteed under s. 15 of the Canadian Charter of Rights and Freedoms, and also infringed s. 6 of the Charter, the right to enter and leave Canada. The court ruled that the previous legislation created two classes of Canadian citizens, undermining the right of some citizens to confer their citizenship, to their detriment.
The federal government chose not to contest the ruling, acknowledging that the law had “unacceptable outcomes for children of Canadians who were born outside the country”.
As the current Minister of Immigration Lena Metlege Diab noted, this new legislation strengthens the bond between Canadians globally and reaffirms the values we hold as a nation. Gaining citizenship brings significant benefits compared to permanent residence, including the right to vote in Canadian elections, the right to enter Canada, the inability to be found inadmissible, and eligibility for a Canadian passport.
Who is Recognized as Canadian Now?
The most significant immediate change addresses those known as “Lost Canadians,” people who lost or never acquired citizenship due to what Ottawa has termed “outdated provisions” of its citizenship laws.
Under Bill C-3, anyone born before December 15, 2025, who would have been a Canadian citizen if not for the first-generation limit (FGL) or other outdated rules, is now recognized as Canadian. These individuals can now apply for proof of citizenship. The sources indicate that thousands previously affected by the FGL are now eligible. Immigration, Refugees and Citizenship Canada (IRCC) expects applications over time could reach the tens of thousands, potentially affecting about 115,000 people over the next five years, according to a 2024 assessment.
For those who already took steps to seek recognition, the process is straightforward: If you previously submitted a proof of citizenship application under the interim measures announced in 2023, you do not need to submit a new application now that Bill C-3 is in effect. IRCC will process those applications under the new rules.
A New Path Forward: The Substantial Connection Test
Beyond restoring citizenship to those historically affected, Bill C-3 sets a clear, modern standard for future generations of Canadians born abroad.
For children born or adopted outside Canada on or after December 15, 2025, they will be eligible for citizenship if their parent was a Canadian citizen at the time of their birth and if the parent passes the “substantial connection to Canada” test.
The substantial connection test requires the Canadian parent to prove they spent at least three years (1,095 days) physically in Canada prior to the child’s birth or adoption. This approach is intended to support Canadian families abroad while reinforcing the principle that real, demonstrated ties guide citizenship by descent.
How Can We Help?
The Immigration Law Firm of Matthew Jeffery specializes in permanent residency and Canadian citizenship applications. With over 20 years of experience exclusive to Canadian citizenship and immigration law, our lawyers have the expertise to help our clients navigate the complexities of the Canadian immigration system. Fill out one of our Free Assessment forms or Contact Us to see if we can help you with your immigration matters.
