Author:Canada’s New Citizenship Law: What Bill C‑3 Means for Generations Born Abroad
On November 20, 2025, Bill C‑3 received Royal Assent, marking a major reform to Canada’s Citizenship Act. This law aims to correct structural inequities created by the so-called “first-generation limit,” and to restore citizenship to many who were previously excluded. But while it brings significant opportunity, it also introduces new tests and ends certain interim protections. Here’s a breakdown of what’s changed and how to navigate the new landscape.
Background: Why Bill C‑3 Was Needed
- The first-generation limit restricted citizenship by descent: under the old law, a Canadian parent born abroad could only pass on citizenship to their first generation born abroad.
- In December 2023, the Ontario Superior Court ruled that key parts of this first-generation limit were unconstitutional.
- The government responded by introducing Bill C‑3 in June 2025, framing it as a fairer, more inclusive way to handle citizenship-by-descent.
What Bill C‑3 Does: Key Changes
Here are the main provisions of Bill C‑3, based on the text of the law and the government’s explanation:
- Automatic Retroactive Citizenship
- Anyone born outside Canada, before the law came into force (i.e., before Nov 20, 2025), to a Canadian parent born overseas, will now be eligible for citizenship by descent.
- Future Generations: “Substantial Connection” Requirement
- For children (or adopted children) born after Bill C‑3 comes into force, if they are beyond the first generation born abroad, their Canadian parent (born abroad) must show a “substantial connection” to Canada.
- Specifically: 1,095 cumulative days (i.e., 3 years) of physical presence in Canada before the child’s birth (or adoption).
- This requirement applies going forward to both biological children and those adopted abroad.
- Restoring “Lost Canadians”
- Bill C-3 restores citizenship to individuals who lost Canadian citizenship under old rules, especially under former section 8 of the Citizenship Act, where people failed to “retain” citizenship.
- It also offers restoration to descendants of these “Lost Canadians.”
- Renunciation Pathway
- Some people who become citizens under this law will be eligible for a simplified renunciation process.
- This allows for renouncing citizenship more easily if desired.
- Ministerial (Discretionary) Grant of Citizenship (Section 5(4))
- The law preserves a discretionary grant mechanism under section 5(4) of the Citizenship Act, but this is intended for exceptional cases only.
- The Minister can grant citizenship when it is “in the special or compelling interests” of the applicant or Canada, particularly when no other regular pathway applies.
- Common grounds for such grants include significant hardship, risk of statelessness, or other compelling humanitarian/fairness-based reasons.
What Happens to the Interim Measures?
Before Bill C‑3 fully came into force, interim measures were in place:
- On March 13, 2025, IRCC announced an expanded interim program: people affected by the first-generation limit could apply for a discretionary grant (section 5(4)).
- Those born or adopted before December 19, 2023, and other specific groups (e.g., people who lost citizenship under section 8) were invited to apply.
- Priority was offered to people born/adopted on or after December 19, 2023, if their Canadian parent had already met the “substantial connection” 1,095-day requirement.
Interim measure have now ended
Important Implications & Risks
- No Guarantee in Discretionary Grant
- Even though the discretionary grant is an option, it remains fully discretionary. There’s no guaranteed right to citizenship under section 5(4).
- Decisions will depend on individual factors: family history, close relatives who are Canadian, and any “compelling humanitarian or fairness-based” arguments.
- Documentation Is Critical
- Given the discretionary nature, applications must be very well documented: show family ties, historical connections, and other evidence that supports a strong case.
- A weak or poorly organized application may be less likely to succeed.
- Substantial Connection Test Going Forward
- For future children born abroad, the “1,095-day rule” can be a significant barrier. Not all parents born abroad will meet that requirement.
- This could limit the ability to pass citizenship to future generations, depending on the parent’s residency history.
- Adoption Concerns
- There has been criticism (including from adoptive parents) that the “substantial connection” test effectively treats internationally adopted children as immigrants, subjecting them to a test to pass citizenship to their own children.
- Some argue this creates unfairness or even violates international adoption standards.
- Timing and Processing
- Because the law just came into force, there may be backlogs or delays at IRCC as policies, processes, and guidance get fully updated.
- For those who applied under interim measures: how their applications will be treated (under old discretionary pathways vs. new automatic citizenship) could depend on how IRCC processes existing applications.
Strategic Advice: Is It Still Worth Applying?
Yes, in many cases, it remains highly worthwhile to apply now, especially for those impacted by the first-generation limit, provided you approach it strategically:
- Prepare a strong, well-documented application: gather proof of family history, ties to Canada, and any fairness or humanitarian arguments.
- Work with experienced help: because the grant process is discretionary, legal or immigration expert support can significantly improve your case.
- Act now: even though Bill C‑3 is law, waiting could be risky. Policies may evolve, and timely applications can help ensure you benefit from the most favorable interpretation.
- Monitor IRCC guidance: keep an eye on IRCC’s website for updated instructions, application forms, and processing guidance under Bill C‑3.
Final Thoughts
Bill C‑3 marks a historic shift in Canadian citizenship law. It removes a longstanding generational barrier, opens doors for many “lost Canadians,” and restores rights that were previously denied. However, it also introduces a new test for those born in future generations, and for discretionary grants, success will depend heavily on the strength of each individual’s case.
For families affected by this change, especially 3rd or 4th generation descendants, the opportunity is real, but not automatic. A thoughtful and well-supported application may make all the difference.
Why Choose Doherty Fultz Immigration
Navigating Canada’s changing citizenship laws requires precision, strategy, and experience. At Doherty Fultz Immigration, we specialize in complex citizenship and ancestry-based cases, including discretionary grants and applications involving multiple generations.
Our team offers:
- Expert guidance on the new Bill C-3 Citizenship Act
- Tailored submissions that clearly demonstrate connection, hardship, and eligibility
- Transparent fees and a streamlined process designed for clients living overseas
We have a proven track record of strong, well-prepared applications, including those involving grandparents, great-grandparents, and earlier Canadian ancestors. If you want clarity, confidence, and professional representation during this pivotal moment in Canadian citizenship law, our team is here to help.
