New Canada Citizenship Law To Make It Easier For Children Born Abroad

Updated on November 26, 2025, 9:45 AM EST (Toronto Time)

On November 21, 2025, Bill C-3, An Act to Amend the Citizenship Act (2025), received royal assent, marking a significant milestone in rectifying issues faced by families with children and grandchildren born abroad.

The new legislation replaces the outdated “first-generation limit,” providing a fairer system for Canadians to pass citizenship to their offspring born outside Canada. By emphasizing a strong connection to Canada, the law ensures that citizenship by descent aligns with principles of fairness and true ties to the nation.

While the law has been passed, it is not yet enforced. A specific commencement date will be determined through an order-in-council. In the meantime, an interim measure remains in place to assist those impacted by the previous restrictions.

This change represents a significant development for numerous individuals overseas who have maintained close ties to Canada but were unable to claim citizenship due to past limitations.

This detailed article delves into the specifics of Canada’s updated citizenship law, discussing eligibility criteria, the impact on families, the transitional process, and how Canada is reshaping citizenship by descent for contemporary times.

Reasons for Modernizing Citizenship By Descent

For many years, citizenship by descent has been a complex and contentious aspect of Canadian law, with earlier versions of the Citizenship Act imposing unfair restrictions based on various factors like gender, birthplace, and parental status.

The first Citizenship Act established in 1947 contained rules that left individuals uncertain about their Canadian citizenship status. Over time, legislative amendments were made to address these issues, culminating in the introduction of the first-generation limit in 2009.

This restriction prevented Canadian citizens born abroad from passing down citizenship to their foreign-born children, causing widespread exclusion among families with deep connections to Canada.

Despite efforts to rectify past injustices, the first-generation limit continued to create challenges for expatriate families, dual-national households, and Canadians working abroad in various capacities.

In December 2023, the Ontario Superior Court of Justice ruled parts of the first-generation limit unconstitutional, highlighting the arbitrary and unjust consequences it had on Canadian families.

Subsequently, the government undertook legislative reforms, leading to the enactment of Bill C-3, which fundamentally transforms how Canada recognizes citizenship by descent.

Key Changes in the New Legislation

The modernized law adopts a more inclusive approach to citizenship, focusing on a substantial connection to Canada rather than strict generational limits. It introduces two significant alterations:

• Restoring or granting citizenship to individuals previously excluded due to the first-generation limit or outdated rules.
• Establishing consistent rules for passing on citizenship to children born abroad to Canadian citizens meeting substantial connection criteria.

These reforms aim to eliminate discrimination and exclusion faced by families with genuine ties to Canada, irrespective of birth circumstances or international mobility.

Recognition of Citizenship for Previous Generations

The new law applies retroactively to individuals born prior to its enactment. Those who would have been Canadian citizens if not for past restrictions or outdated regulations will now be acknowledged as citizens.

This change is particularly beneficial for grandchildren of Canadians affected by previous rules, individuals who lost citizenship due to lapsed requirements, and those impacted by discriminatory provisions in the past.

While citizenship recognition will not be automatic for administrative purposes, affected individuals can obtain proof of citizenship through a citizenship certificate, ensuring clear and consistent legal entitlement.

Future Path Based on Substantial Connection

For children born or adopted abroad after the law takes effect, a new set of rules will govern citizenship eligibility.