New Canadian Rules Would Allow Inherited Citizenship to Pass Through Generations Born Abroad

Ottawa — Canada is moving toward a major transformation in its citizenship laws that would allow more people born outside the country to claim citizenship through their parents or grandparents. This change follows years of legal and political pressure to revise the rules that limit how Canadian citizenship is passed down to later generations.

Current Citizenship by Descent & Its Limitations

Under Canada’s current citizenship laws, a person born outside the country can only automatically inherit Canadian citizenship from a Canadian parent if that parent was born in Canada or naturalized before the child’s birth. This restriction, known as the first-generation limit (FGL), prevents children of Canadian citizens (born abroad) from passing citizenship to their own children if both generations are born outside Canada.

Because of this rule, many people who might otherwise be considered Canadian citizens are unable to pass on citizenship to their offspring—even when their Canadian identity is inherited.

Court Ruling & Interim Measures

In December 2023, the Ontario Superior Court of Justice ruled that significant parts of the first-generation limit are unconstitutional, effectively recognizing that the law creates a “second class” of citizenship. The government agreed not to appeal the decision and sought to fix the legislation.

As a temporary remedy, interim measures were introduced in 2025. These measures allow some people affected by the FGL to apply for a discretionary grant of citizenship if they meet specific criteria—such as having substantial connection to Canada or being adopted before certain dates.

Bill C-3: What the Proposed Changes Include

To address the gap left by the current law and court ruling, the government introduced Bill C-3, An Act to Amend the Citizenship Act (2025). This proposed legislation aims to:

• Automatically grant citizenship to people who would be citizens if not for the first-generation limit or outdated historical rules.
• Allow children born abroad, even in second or later generations, to acquire citizenship by descent—provided their Canadian parent had a “substantial connection” to Canada (at least 1,095 days of physical presence) before their birth or adoption.

If passed, Bill C-3 would correct historical exclusions and modernize the framework of citizenship by descent.

Who Stands to Benefit

• Individuals born abroad to Canadian parents who were themselves born abroad (i.e., the “second generation” or beyond) would gain the right to citizenship by descent.
• People currently affected by the first-generation limit may be able to reclaim citizenship or obtain it for their children under the revised rules.
• “Lost Canadians” who lost citizenship in the past due to old legal provisions may see their citizenship status restored under the proposed legislation.

What Happens Next & Challenges Ahead

Bill C-3 still needs to pass through the House of Commons, Senate, and receive Royal Assent. If adopted, it will reshape how Canada defines and extends citizenship across generations born outside the country.

Some of the challenges include defining the proof and eligibility requirements for “substantial connection,” processing applications retroactively, and ensuring fairness for people whose lives and identities were shaped under the old rules.

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