Canadian citizenship by descent allows people born outside Canada to inherit Canadian citizenship through a Canadian parent — even if that parent was also born abroad.
At Kingwell Immigration Law, we help clients confirm and claim this status under Canada’s amended Citizenship Act, including the significant new rules introduced by Bill C-3 on December 15, 2025.
Speak with a Toronto immigration lawyer at Kingwell Immigration Law to find out if you qualify.
For over a decade, Canadian citizenship by descent was limited to the first generation born outside Canada. Under the pre-2025 rules, if your Canadian parent was also born abroad, you could not inherit their citizenship. This rule — known as the first-generation limit — created a class of people known as “Lost Canadians”: individuals who had deep family ties to Canada but were cut off from citizenship by a technicality.
In 2023, the Ontario Superior Court struck down the first-generation limit as unconstitutional in Bjorkquist v. Canada (2023 ONSC 7152), finding it violated equality rights under the Canadian Charter of Rights and Freedoms. The government responded with Bill C-3, which received Royal Assent on November 20, 2025, and came into force on December 15, 2025.
The result is that many people effectively “became Canadian” on December 15, 2025 — even if they had never been told that was possible.
Eligibility under the new rules depends on when you were born and your family’s citizenship history. There are two key categories to consider.
Born or adopted before December 15, 2025: If you were born or adopted outside Canada before Bill C-3 came into force, and your Canadian parent was also born or adopted outside Canada, you are now automatically a Canadian citizen effective from your date of birth.
You are not required to demonstrate a substantial connection to Canada. This applies even if your parent only became Canadian through the 2009 or 2015 amendments to the Citizenship Act.
Born or adopted on or after December 15, 2025: If you were born or adopted outside Canada on or after December 15, 2025, and your Canadian parent was also born abroad, you may qualify for citizenship — but only if your Canadian parent can demonstrate a “substantial connection” to Canada. This means the parent must have been physically present in Canada for at least 1,095 days (three years) before your birth or adoption.
The table below summarises eligibility at a glance:
| Scenario | Born Before Dec 15, 2025 | Born On/After Dec 15, 2025 |
|---|---|---|
| Parent born in Canada | Eligible (first generation) | Eligible (first generation) |
| Parent born abroad, grandparent Canadian | Now eligible automatically | Eligible if parent has 1,095 days in Canada |
| Lost Canadian — citizenship lost under old retention rules | Citizenship restored automatically | Apply under new descent rules |
| Adopted outside Canada by Canadian parent born abroad | Eligible for direct grant | Eligible if parent has 1,095 days in Canada |
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Getting the generational counting right is essential — and it is easy to confuse. Under the Citizenship Act, as amended by Bill C-3:
The same counting system applies to adopted individuals applying for a direct grant of citizenship.
If your family situation spans multiple generations born outside Canada, we can work through the generational counting with you and assess where you stand under the amended rules.
Not sure if you qualify for citizenship by descent? Book a consultation to get clear answers
The term “Lost Canadians” refers to people who lost or never obtained citizenship because of outdated rules in earlier versions of the Citizenship Act. These included:
Most of these cases were partially addressed through amendments in 2009 and 2015. Bill C-3 resolves the remaining cases, restoring citizenship to those individuals and — critically — extending that restoration down through their family lines.
If you believe your family may be affected by any of these historical rules, we can help you trace your citizenship history and determine whether Bill C-3 has changed your status.
For children born or adopted outside Canada on or after December 15, 2025, the substantial connection test determines whether citizenship passes through a Canadian parent who was also born abroad. The Canadian parent must have been physically present in Canada for a cumulative total of at least 1,095 days — three years — before the child’s birth or adoption date.
There are several important things to know about this test:
Where the calculation is close or the documentation is incomplete, the risk of a refused application is real. We can help you assess whether the threshold is met, identify the right supporting documents, and put together an application that gives you the strongest possible foundation.
Citizenship does not come with automatic paperwork. If you became a Canadian citizen under the new rules, you will need to apply for a citizenship certificate — the official proof of your citizenship — before you can apply for a Canadian passport or access other citizenship entitlements.
The application is made using Form CIT 0001, available through IRCC’s citizenship certificate page. The application fee is CAD $75 per person and is non-refundable once processing begins.
Key documents typically required include:
An important note on online versus paper applications: IRCC’s online citizenship certificate portal was built around the former first-generation limit. Complex cases — including second-generation claims, cases involving Lost Canadians, and adopted children — are better suited to paper applications, which allow for fuller explanation and submission of supporting documents that fall outside the standard templates.
We can advise on the right approach for your situation and help you prepare a complete, well-supported application.
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In many cases, citizenship certificate applications under the new rules are expected to proceed without issue. But not all of them. Some applications will be refused — whether because of insufficient documentation, a disputed family history, questions about the substantial connection test, or a straightforward error in how IRCC applied the law.
If IRCC refuses to recognise your citizenship or returns your application, the path forward depends on the circumstances:
This matters because Regulated Canadian Immigration Consultants (RCICs) cannot represent you at Federal Court. If your citizenship claim is challenged and court intervention is needed, you need a lawyer.
At Kingwell Immigration Law, we have represented clients at the Federal Court in citizenship and immigration matters, including cases where IRCC refused to properly consider evidence or applied the wrong legal standard.
📌 In Yasmin v Minister of Citizenship and Immigration (2018 FC 265), we successfully appealed to the Federal Court on the basis that IRCC had failed to provide our client with evidence of a fingerprint match, in breach of procedural fairness.
📌 In A.H. v Minister of Citizenship and Immigration (2020 FC 530), the Court overturned an IRCC decision after finding the officer had failed to consider important evidence and had not conducted a required interview.
The same principles apply in citizenship disputes: an officer who ignores your evidence, applies the wrong legal test, or fails to follow procedural fairness rules can be challenged — and those decisions can be overturned. If you have received a refusal, we can review it with you and advise on the strongest path forward.
Canadian citizenship by descent is one of several routes to citizenship. Each pathway has different requirements, timelines, and eligibility criteria:
| Pathway | How It Works |
|---|---|
| Citizenship by descent | Inherited through a Canadian parent or grandparent; no residency requirement |
| Grant of citizenship (naturalization) | Requires permanent residency and meeting physical presence, language, and knowledge requirements |
| Citizenship for adopted children | Separate process under Section 5.1 of the Citizenship Act; different rules apply |
| Stateless persons | May qualify for a discretionary grant of citizenship under subsection 5(5) of the Citizenship Act |
Citizenship by descent is the only pathway that does not require the applicant to have lived in Canada — a significant advantage for those with family ties to Canada but no history of residence there. If you are unsure which pathway applies to your situation, we can assess your circumstances and help you pursue the most appropriate route.
If you or your family may be affected by Bill C-3 — whether you are a Lost Canadian whose citizenship has been restored, a second-generation applicant working out whether you qualify, or someone who has already received a refused application — Kingwell Immigration Law is here to guide you through the process.
Our team, founded by Daniel Kingwell with over 20 years of experience, handles complex citizenship matters from start to finish: assessing eligibility, building strong applications, and representing clients at Federal Court when IRCC decisions need to be challenged. Citizenship is not just a status — it is the foundation of your future in Canada, and we take that seriously.
Book a consultation or call 416.988.8853 Kingwell Immigration Law to find out where you stand under the new rules.
Yes, you may qualify under Bill C-3. If your Canadian parent was also born abroad, you are automatically a citizen if you were born before December 15, 2025. If born after that date, your parent must show at least 1,095 cumulative days of physical presence in Canada before your birth.
Not necessarily. Bill C-3 restored citizenship to many people excluded by the first-generation limit or outdated retention rules. If you were told you were ineligible before December 15, 2025, your status may have changed automatically. A legal review of your family’s citizenship history is the most reliable way to confirm.
Yes. Canada introduced a simplified renunciation process for people who automatically became citizens under Bill C-3. This is relevant if dual citizenship conflicts with the laws of your country of residence. You must submit the renunciation before applying for a Canadian passport or otherwise acting on your new citizenship status.
No, not from citizenship alone. Canada taxes based on residency, not citizenship, so holding a citizenship certificate while living abroad does not create income tax obligations on its own. Tax exposure arises only if you earn Canadian-source income or become a resident. Independent cross-border tax advice is recommended for complex situations.
Processing times vary by complexity and change regularly. IRCC publishes current estimates on its processing times tool, which is the most reliable source since figures shift as application volumes change. Second-generation claims and complex family histories are likely to take longer than straightforward cases. Incomplete applications are returned, which resets the timeline entirely — making thorough preparation before submission the single most important step.
