January 14, 2026
New Rules Affecting Canadian Citizenship by Descent Now in Effect
Are you the descendant of a Canadian citizen born outside of Canada? You may now be a Canadian citizen as well! More people than ever may now automatically be Canadian citizens thanks to Canada’s new law regarding Canadian citizenship by descent.
Recent Changes to the Citizenship Act
On 15 December 2025, Immigration, Refugees and Citizenship Canada (IRCC) announced that Bill C-3, An Act to Amend the Citizenship Act (2025) has come into effect.[1] The new law affects not only people born on or after 15 December 2025, but also confirms that people “who would have been citizens if not for the first-generation limit or other outdated rules, will be Canadian and can now apply for proof of citizenship.”[2]
Citizenship by Descent Was Limited to First Generation Before Law Updated
Prior to the new law, individuals born to Canadian citizens (either naturalized or born in Canada) outside of Canada, could not pass Canadian citizenship to their children if they were also born outside of Canada. In other words, citizenship by descent was limited to only the first generation born outside of Canada.
Who is now a Canadian citizen by descent?
Now, individuals born before 15 December 2025 to a Canadian parent outside of Canada, beyond the first generation born outside of Canada, and even later, are automatically Canadian citizens in most cases.[3] This also applies to individuals who were born to a parent who became a Canadian citizen because of the new law.[4]
The new law also makes it possible for children of Canadians in the second generation or later, born on or after 15 December 2025, to be considered Canadian citizens if their Canadian parent spent at least 1,095 days in Canada before their birth, and their grandparent is Canadian.[5] This also applies to adopted individuals.[6] Even if you think you may be a Canadian citizen due to the new changes to the law, you must still apply for a Canadian citizenship certificate as proof.[7] A Canadian citizenship certificate would not only serve as confirmation of citizenship, but would allow an individual to also apply for a Canadian passport.[8]
Key Takeaways
- Canadian citizenship by descent used to be limited to the first generation born outside of Canada
- Now, individuals born before 15 December 2025 to a Canadian parent, may automatically be Canadian citizens
- Individuals born on or after 15 December 2025 may still be considered Canadian citizens if born outside of Canada to a Canadian parent in the second or subsequent generation, if their Canadian parent spend at least 1,095 days in Canada before their birth
- Proof of citizenship (i.e., a certificate) is still required to confirm status as Canadian citizen
If you would like to learn more information about this new law and how it might impact you, feel free to book a consultation with our office.
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Athena Portokalidis
Athena graduated from the Dual J.D. program at Windsor Law in 2017, earning both a Canadian and American J.D.. While in law school, Athena volunteered at the Immigration Law Clinic at the University of Detroit Mercy School of Law, where she assisted clients in downtown Detroit, Michigan. She gained exposure to numerous U.S. immigration matters related to naturalization, permanent residency, asylum, victims of human trafficking, and juvenile migrants. Before law school, Athena received her B.A. (Hons.) with distinction from the University of Toronto, St. George, in Political Science and Philosophy.
Prior to joining Bellissimo Law Group PC, Athena worked both as a student-at-law and associate lawyer at a private immigration law firm where she had gained experience in Canadian immigration law by working on a variety of matters including judicial reviews, applications for temporary residence, permanent residence, and citizenship.