Bill C-3, the Act to Amend the Citizenship Act (2025), came into effect on December 15, 2025, removing the first-generation limit on citizenship by descent and restoring Canadian citizenship to thousands of “Lost Canadians” and their descendants who were previously excluded by law.
At Kingwell Immigration Law, we have guided clients through some of the most consequential changes in Canadian immigration law — and this ranks among the most significant in decades.
Before Bill C-3, only the children of Canadian citizens could claim citizenship by descent if born abroad. The grandchildren or great-grandchildren of a Canadian citizen had no automatic pathway, even if they had deep family ties to Canada.
The Ontario Superior Court ruled this restriction unconstitutional in December 2023 in Bjorkquist et al. v. Attorney General of Canada (2023 ONSC 7152), finding that it violated mobility and equality rights under the Canadian Charter of Rights and Freedoms. The Government of Canada chose not to appeal, paving the way for Bill C-3.
If you believe you may be affected by these changes, speak with a Toronto immigration lawyer at Kingwell Immigration Law.
“Lost Canadians” is the term used to describe people who lost or never obtained Canadian citizenship due to outdated or discriminatory provisions in earlier versions of the Citizenship Act. Many had lived their entire lives believing they were Canadian, only to discover otherwise when applying for a passport or crossing the border.
Legislative changes in 2009 and 2015 restored citizenship to approximately 20,000 people in this situation. However, those changes left out two groups entirely:
Bill C-3 extends citizenship access to both of these remaining groups, as well as to Canadians born or adopted abroad in the second or later generation before December 15, 2025.
Bill C-3 created two distinct categories of eligibility, and which one applies to you depends on whether you were born before or after December 15, 2025.
Born or adopted abroad before December 15, 2025
If you were born abroad and were previously excluded only because of the first-generation limit — or because of certain outdated provisions in earlier citizenship laws — you may now be recognized as a Canadian citizen automatically.
This includes individuals with Canadian parents, grandparents, or great-grandparents, provided an unbroken chain of descent can be traced to a qualifying Canadian ancestor. You do not need to meet any physical presence requirement.
Born or adopted abroad on or after December 15, 2025
For births or adoptions after the law came into force, a new “substantial connection” test applies. Your Canadian parent, who must also have been born or adopted abroad, must demonstrate at least 1,095 cumulative days — approximately three years — of physical presence in Canada before your birth or adoption.
This test ensures that citizenship remains a meaningful bond to Canada for future generations.
| Situation | First-Generation Limit Removed? | 1,095-Day Rule Applies? |
|---|---|---|
| Born abroad before Dec 15, 2025 — Canadian parent born in Canada | Already eligible before Bill C-3 | No |
| Born abroad before Dec 15, 2025 — Canadian parent also born abroad | Yes — now eligible automatically | No |
| Born abroad on or after Dec 15, 2025 — Canadian parent born in Canada | Not applicable | No |
| Born abroad on or after Dec 15, 2025 — Canadian parent also born abroad | Yes — eligible with connection test | Yes |
| Adopted abroad before Dec 15, 2025 by Canadian parent born abroad | Yes — now eligible | No |
📌 Additional reading: giving birth in Canada as a foreigner
The fact that citizenship may be restored “automatically” does not mean the process is simple. Automatic citizenship means that if you meet the legal criteria, you are considered a Canadian citizen in law from the moment Bill C-3 came into effect — but you still need to apply for a citizenship certificate as proof.
Without a citizenship certificate, you cannot obtain a Canadian passport, and you may face significant delays or difficulties at the Canadian border. Applying for that certificate is where many people run into trouble.
💡 Consider this hypothetical: a woman born in the United States to a Canadian father who was also born abroad — his mother was a Canadian citizen, but he was born in England. Under the old rules, she had no claim. Under Bill C-3, she may now be a Canadian citizen by descent. But proving that claim requires tracing her grandmother’s original citizenship, her father’s birth records, and her own — across three countries, potentially spanning decades of documentation.
The most common reason applications for proof of citizenship under Bill C-3 run into problems is documentation, not eligibility. IRCC reviews each application to confirm whether an unbroken chain of citizenship can be established, and the evidentiary requirements are strict.
To support a multi-generational citizenship claim, you will typically need:
Records may span multiple countries and decades. Provincial, territorial, and state archives each have their own requirements and processes for releasing vital records. When documents are missing, destroyed, or unavailable, applicants face the additional challenge of providing alternative evidence that IRCC will accept.
IRCC has confirmed that most Bill C-3 applications will need to be submitted on paper rather than through its online portal, which was designed around the old first-generation framework. Complex family histories involving multiple generations born abroad, adopted children, or section 8 “Lost Canadians” are unlikely to be processable online at this stage.
Our team can assess which route applies to your situation and help you prepare a complete submission from the outset.
If your citizenship application is complex or has already been refused, book a consultation with our team to discuss your options.
Once your application for a citizenship certificate is submitted, IRCC will review your file to confirm whether you are a Canadian citizen under the amended Citizenship Act. If your application is approved, you will receive a citizenship certificate — the official proof of your Canadian citizenship — which you can then use to apply for a Canadian passport.
If IRCC determines that your family’s history does not meet the requirements, your application will be refused. A refusal does not necessarily mean the door is permanently closed, and we can assess whether a judicial review at the Federal Court is the right next step.
Processing times for citizenship certificates are currently estimated at approximately 11 months as of early 2026, with nearly 48,000 applications awaiting decisions, and complex cases may take longer. IRCC does allow for urgent processing of citizenship certificates in certain hardship circumstances — something our team can advise on if your situation requires it.
For individuals who qualify, confirming Canadian citizenship through Bill C-3 opens a range of practical options:
It is also worth noting that obtaining Canadian citizenship through Bill C-3 alone does not automatically trigger Canadian tax obligations — tax residency is determined separately based on actual residence and ties to Canada.
If you have questions about how citizenship may interact with your broader circumstances, our team is well-positioned to help you think through the implications before you apply.
📌 Additional reading: Canada spousal sponsorship requirements
📌 Additional reading: Canada international student work authorization
A citizenship refusal under Bill C-3 can happen even when an applicant genuinely meets the legal requirements. IRCC may refuse an application if it finds the documentation insufficient, if there is a perceived break in the chain of descent, or if an officer disagrees with how the connection between generations has been established.
These cases involve legal interpretation of the Citizenship Act, assessment of historical records, and sometimes a weighing of conflicting evidence — and that is precisely where we can help. At Kingwell Immigration Law, we have represented clients before the Federal Court in complex immigration matters where procedural fairness was at issue.
✔️ In Yasmin v. Minister of Citizenship and Immigration (2018 FC 265), we successfully appealed a decision to the Federal Court on the basis that IRCC had failed to provide our client with evidence of a fingerprint match — a clear breach of procedural fairness. The Court ordered the matter to be reconsidered. That principle — that IRCC must follow fair procedures and disclose relevant evidence — applies with equal force to citizenship certificate applications under Bill C-3.
If you think you may be eligible for Canadian citizenship under Bill C-3, our team is here to guide you — from assessing your eligibility based on your family history to preparing and submitting your application for proof of citizenship.
These claims often involve legal analysis, multi-jurisdictional record gathering, and careful presentation of evidence to IRCC. We work with you to build the strongest possible application from the outset, and if your application has already been refused, we will assess your options for reconsideration or Federal Court judicial review.
Our founding lawyer, Daniel Kingwell, brings over 20 years of experience in Canadian immigration law, including a strong record of Federal Court representation. Only lawyers — not immigration consultants or regulated Canadian immigration consultants (RCICs) — can represent you at the Federal Court level. That distinction matters when the stakes involve your citizenship.
Ready to find out if you qualify under Bill C-3? Book a consultation with Kingwell Immigration Law today, or call 416.988.8853.
Yes. A deceased parent or grandparent does not disqualify you under Bill C-3. Provided they would have met the eligibility criteria at the time of your birth, IRCC will assess your lineage from the documentary record you submit — typically birth certificates, marriage records, and proof of your ancestor’s original Canadian citizenship — to confirm the unbroken chain of descent.
No. Canada permits dual citizenship, so obtaining proof of Canadian citizenship under Bill C-3 does not require you to renounce any other nationality. You can hold Canadian and U.S. citizenship — or Canadian and any other nationality — simultaneously. Whether your other country of citizenship permits dual nationality is governed by that country’s own laws, and our team can help you work through the implications for your specific situation.
A returned application is not a formal refusal, but it does reset your place in the processing queue, adding months to an already lengthy timeline, currently estimated at approximately 11 months as of early 2026. IRCC typically returns applications when documents are missing or forms are incorrectly completed. Our team can review your file, identify the gaps, and prepare a corrected submission to avoid a repeat delay.
These are two separate legal statuses. If you believe you qualify as a Canadian citizen under Bill C-3, applying for a citizenship certificate is separate from and does not affect your permanent residence. If IRCC confirms your citizenship, you would no longer need PR status to live in Canada, since citizens have an unconditional right of abode. Our team can advise on the right sequence for your circumstances.
IRCC currently estimates standard processing at approximately 11 months for citizenship certificates as of early 2026, with nearly 48,000 applications in the queue, and multi-generational and complex cases may take longer.
Expedited processing is available in specific hardship circumstances — such as a medical emergency, risk of harm, or statelessness — and must be specifically requested with supporting documentation. Our team can assess whether your situation qualifies and help you make that request correctly.
