On June 5, 2025, Canada’s Minister of Immigration, Refugees and Citizenship introduced legislation that would extend citizenship by descent beyond the current first-generation limit.
Bill C-3 would:
- automatically give Canadian citizenship to any person who would be a citizen today were it not for the first-generation limit or certain outdated provisions of previous citizenship legislation;
- establish a new framework for citizenship by descent going forward that would allow for access to citizenship beyond the first generation based on a Canadian parent’s substantial connection to Canada demonstrated by at least 1,095 cumulative days (i.e., three years) of physical presence in Canada prior to their child’s birth or adoption.
An interim measure will continue to be available for those affected by the first-generation limit while both Houses of Parliament consider amendments to the Citizenship Act
Background
Canada’s Citizenship Act contains a first-generation limit to citizenship by descent for individuals born abroad, which generally means that a Canadian citizen parent can only pass on citizenship to a child born outside Canada if the parent was either born or naturalized in Canada before the birth of the child. Canadians born or naturalized in Canada before adopting a child abroad can apply for a direct grant of citizenship for the adopted child.
As a result of the first-generation limit, in general, Canadian citizens who were born outside Canada and obtained their citizenship through descent cannot pass on citizenship to their child born outside Canada and cannot apply for a direct grant of citizenship for a child adopted outside Canada.
On December 19, 2023, the Ontario Superior Court of Justice declared that key provisions of the first-generation limit for those born abroad are unconstitutional. The Government of Canada did not appeal the ruling.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.