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NOVEMBER 20TH UPDATE: LOST CANADIANS PROCESS
This is an update to our last citizenship blog post regarding Canadian citizenship by descent for subsequent generations born outside of Canada. Bill C-3: An Act to amend the Citizenship Act (2025) was first introduced following an extension granted by Justice Albarali of the Ontario Superior Court of Justice to suspend the declaration of invalidity of current sections of the Citizenship Act to November 20, 2025.
In the recent Bjorkquist et al. v. Attorney General of Canada decision, Justice Albarali agreed to a new extension to January 20, 2026, consented to by both parties. She noted that it is quite possible that the legislation would come into effect by the end of the year. This is looking very likely considering that the Bill has now passed through both the House of Commons and the Senate and is simply awaiting Royal Assent at this time to become law.
Bill C-3 offers a path to citizenship by descent for individuals who have been previously barred from being recognized as citizens due to the first generational limit.
Under Bill C-3, citizenship can be passed by a Canadian parent to a subsequent generation born outside of Canada, beyond the previous first generational limit. Children born abroad beyond the first generation after the passage of the Bill, however, would have to show that their parent had a substantial connection to Canada before their birth.
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