Citizenship by descent · Practice area updated for 2026

If you have a Canadian grandparent, you may already be a Canadian citizen.

Bill C-3 came into force December 15, 2025, removing the first-generation limit that excluded second-generation and subsequent-generation born-abroad Canadians from citizenship. Hundreds of thousands of “Lost Canadians”, many in the United States, the UK, and Australia, now qualify retroactively. We help you confirm eligibility, gather the documents, and apply for proof of citizenship.

Free 15-min eligibility check · Document review available globally

Dec 15 2025
Bill C-3 in force, first-generation limit removed
1,095
Days of Canadian physical presence required for descent post-Dec 15, 2025
12-18 mo
Typical IRCC processing for proof of citizenship
2-3 wks
Urgent processing for documented emergencies
Quick facts · verified May 2026
  • Law in force: Bill C-3 received Royal Assent November 20, 2025; came into force December 15, 2025.
  • Predecessor: Bill C-71 died when Parliament was prorogued in March 2025; Bill C-3 is the version that passed.
  • Retroactive scope: Affects second and subsequent generations born outside Canada to Canadian-citizen parents before Dec 15, 2025.
  • Prospective rule: Children born/adopted abroad on or after Dec 15, 2025 require parent to have 1,095 days of Canadian physical presence (the “substantial connection” test).
  • Application type: Proof of Canadian citizenship (formerly “search of records + certificate”). Government fee $75 CAD.
  • Processing time: 12-18 months standard; 2-3 weeks urgent processing for documented emergencies.
What Bill C-3 changed

The first-generation limit is gone. Citizenship by descent now flows down the family tree.

Before December 15, 2025, Canadian citizenship by descent stopped after the first generation born abroad. A Canadian who was themselves born outside Canada could not pass citizenship to their child born outside Canada. The Ontario Superior Court ruled this unconstitutional in December 2023. Bill C-71 was the first legislative response but died in the March 2025 prorogation; Bill C-3 replaced it and came into force December 15, 2025.

Born BEFORE Dec 15, 2025

Retroactive recognition.

If you were born outside Canada to a parent who was a Canadian citizen at the time of your birth, including a Canadian citizen who was themselves born abroad, you may already be a Canadian citizen under Bill C-3’s retroactive provisions.

No “substantial connection” test applies. The 1,095-day rule does not retroactively strip citizenship from anyone already born. You apply for proof of citizenship to confirm your status; you don’t apply to “become” a citizen because you may already be one.

Born ON or AFTER Dec 15, 2025

Substantial connection required.

For children born or adopted abroad after Bill C-3’s coming into force, the Canadian-citizen parent (the one passing on citizenship) must have spent at least 1,095 days, that’s three years cumulative, not consecutive, physically present in Canada before the child’s birth or adoption.

This is the “substantial connection” test. It applies prospectively, not retroactively. Days spent in Canada at any age count, and the 1,095 days do not need to be consecutive.

Who typically qualifies

The three most common Lost Canadian profiles.

If any of these describe you or your family, a proof-of-citizenship application is the first step. We assess the documentary chain before you commit to the full application process.

01

US-born with Canadian grandparent

A common profile: born in the US to a parent who was themselves born outside Canada to a Canadian-born grandparent. The old first-generation limit blocked you. Bill C-3 removes that block. You’re likely a Canadian citizen retroactively.

02

Child of a Canadian who emigrated

Born outside Canada to a parent who was a Canadian citizen by birth but spent most of their adult life abroad. Previously the first-generation limit didn’t affect you, you were already a Canadian. Bill C-3 confirms and clarifies the rules going forward.

03

Adoptee or “Lost Canadian”

Adopted outside Canada by Canadian citizens, or affected by older citizenship-loss provisions (the 1947 Citizenship Act, the 1977 Act, etc.) that stripped or denied citizenship to certain second-generation born-abroad Canadians. Bill C-3 restores citizenship to many people in this group.

How the process works

From “I think I might be Canadian” to a citizenship certificate.

01

Free 15-minute eligibility check

You describe your family’s Canadian connection. We confirm whether Bill C-3 likely applies and what documentation you’ll need. No retainer required at this stage.

02

Document mapping

We trace the chain of descent from you back to a Canadian-born ancestor. Required documents typically include birth certificates, marriage certificates, and (where applicable) Canadian citizenship or naturalization records for each link in the chain. We’ll tell you exactly what to order and from which jurisdiction.

03

Proof of citizenship application

We complete IRCC’s application for proof of citizenship, include a covering memo explaining the chain of descent under Bill C-3, and submit. Government fee is $75 CAD. Our professional fee depends on file complexity:

Simple
$1,500

Direct line of descent, all documents available, no translations or record corrections needed.

Standard
$2,500

Multi-jurisdiction document ordering, foreign-language translations, urgent processing request.

Complex
$3,500+

Record corrections, adoption documents, older citizenship-loss provisions, contested family history.

Scope and fee confirmed in writing after the initial assessment. No surprises.

04

Certificate and passport

IRCC issues a Canadian citizenship certificate. With that and proof of identity, you can apply for a Canadian passport. The citizenship is confirmed as having been yours all along under Bill C-3; the certificate is documentary proof of pre-existing status.

Related practice areas

If you confirm citizenship through descent and later want to relocate, Express Entry is irrelevant, you’re already a citizen and just need a Canadian passport. If you have Canadian heritage AND are working in the US on H-1B, see our US-to-Canada practice page. If you speak French, the Francophone pathways may offer faster routes for relatives without descent claims.

Find out in 15 minutes.

Tell us about your Canadian family connection. We’ll tell you in one call whether Bill C-3 likely applies and what documents you’ll need to confirm citizenship. No retainer to start.