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24 March 2026

Canadian Citizenship: Changes To The First-Generation Limit

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Moodys Private Client Law LLP

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On December 15, 2025, the Government of Canada passed Bill C-3, An Act to amend the Citizenship Act, reforming the present Citizenship Act...
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On December 15, 2025, the Government of Canada passed Bill C-3, An Act to amend the Citizenship Act, reforming the present Citizenship Act to change the first-generation limit on citizenship by descent. Before Bill C-3, Canadian citizenship by descent was limited to the first generation born outside Canada. Now, those previously impacted by this limit may be able to claim Canadian citizenship by descent.

Historically, Canadian citizenship law relied on British precedent and common law, with many local legislatures only enacting more streamlined administrative processes in the mid to late 1800s. It wasn't until 1947 that Canada's first Citizenship Act came into force, bringing Canadian citizenship into existence.

Since then, citizenship law has been reformed to become more equitable, removing restrictions for dual citizenship and permitting children born outside of Canada to derive citizenship from either parent regardless of the parent's marital status at the time of the child's birth.

Here's What You Need to Know

If you were born or adopted before December 15, 2025, your Canadian citizenship may have been restored if you were born outside Canada to a Canadian parent. For individuals with two or more generations born outside of Canada, this means evidencing that each individual in the lineage was born to a Canadian parent. It means showing that not only were you born to a Canadian parent (as a result of the changes to the Citizenship Act), but that they were born to a Canadian parent, and so on, until you reach the Canadian ‘anchor.'

Different criteria, however, apply to those born or adopted after December 15, 2025. In these cases, citizenship can be passed on if their parent was born or adopted outside Canada to a Canadian citizen and that same parent spent at least 1,095 days in Canada before the child's birth. This substantial connection test requires calculating and documenting these days to ensure that Canadian citizenship can be transmitted.

The changes to the first-generation limit have opened a new pathway for many foreign nationals to Canadian citizenship, with many having found a unique opportunity to (re)claim citizenship that may have been lost generations before.

For many, this means diving into the archives and tracking their lineage to a Canadian ancestor. Retrieving official documents to evidence an ancestor's place of birth and parentage will be an important first step for foreign nationals looking to formally request a determination of their Canadian citizenship.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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