New Citizenship by Descent Legislation Expands Access for Canadians Born Abroad

New Canadian Legislation for Canadians Born Abroad

Canada Moves to Eliminate First-Generation Citizenship Limit for Children Born Overseas

On June 5, 2025, the Government of Canada announced a significant legislative change that could impact thousands of Canadian families living abroad. The newly introduced Bill C-3, spearheaded by the Honourable Lena Metlege Diab, aims to modernize Canadian citizenship law by allowing citizenship by descent beyond the first generation—a development long-awaited by Canadians with deep international ties.

What Is Citizenship by Descent and Why Is It Changing?

Currently, Canada’s first-generation limit restricts citizenship by descent to children born abroad to Canadian parents who themselves were born or naturalized in Canada. This limitation has prevented many Canadian citizens, especially those born abroad or adopted outside of Canada, from passing citizenship on to their children.

With shifting global family dynamics, this rule no longer aligns with how Canadians live today. Bill C-3 proposes to amend the Citizenship Act, bringing inclusivity and fairness to the process.

Key Changes Introduced Under Bill C-3

The proposed legislation includes two transformative measures:

  • Automatic Restoration of Citizenship – Individuals who would have qualified for citizenship were it not for outdated legal provisions—including the first-generation limit—will now gain Canadian citizenship automatically.
  • New Framework for Citizenship by Descent – Moving forward, Canadians living abroad will be eligible to pass citizenship to their children—beyond the first generation—provided the Canadian parent demonstrates a substantial connection to Canada through at least 1,095 cumulative days (three years) of physical presence in the country before their child’s birth or adoption.

Who Could Be Affected by These Changes?

This legislative update could impact Canadians previously excluded by technicalities of earlier laws, including:

  • Children of Canadians born abroad beyond the first generation
  • Canadians affected by the pre-2009 Citizenship Act provisions
  • Individuals who lost citizenship at age 28 due to former retention rules

If you’re unsure whether Bill C-3 applies to your situation, now is the time to consult with a qualified immigration lawyer in Canada to understand your rights and options.

Why This Matters: The Broader Impact on Canadian Families

This reform is not just about legal status—it reflects the core values of what it means to be Canadian. As Minister Diab stated, “Being Canadian means more than just a place of birth; it’s about belonging, shared experiences, and a commitment to the inclusive and diverse community we all call home.”

Next Steps and Legal Guidance

Once Bill C-3 receives Royal Assent, the government will issue further guidance on how eligible individuals can apply or restore citizenship. In the meantime, families impacted by this change should gather documents and seek immigration legal advice.

How Can We Help

The Immigration Law Firm of Matthew Jeffery specializes in Canadian permanent residency services such as citizenship, family sponsorship, spousal sponsorship and Express Entry. Fill out one of our free assessment forms to see if we can help you with your Canadian immigration matters.