Ottawa Plans Tougher Rules for Canadians Claiming Citizenship by Descent

Many children of Canadians born abroad could soon lose the right to citizenship. The federal government introduced new changes to Bill C-3, which aims to update the Citizenship Act. The latest amendments would make it harder for Canadians living overseas to pass on their citizenship to their children.

Under these new proposals, only children born or adopted after the new law takes effect would face the tougher rules. Children born or adopted before the law comes into force would still qualify for citizenship under the current system

Stricter Residency Requirement

The amendments say that a Canadian parent must have lived in Canada for at least three years within any five-year period before the birth or adoption of their child. This replaces the earlier version of the bill, where parents could count three years spent in Canada at any time in their lives.

This change would limit citizenship to parents who recently lived in Canada, not those who left long ago.

New Security and Language Checks

The new version of Bill C-3 also brings in more conditions for citizenship by descent.

Children aged 18 or older who apply for proof of citizenship must pass a security assessment. Officials will check for links to national security issues, human rights violations, criminal activity, or economic sanctions.

Applicants aged 18 to 55 must also show they know enough English or French, and have a basic understanding of Canada’s history, culture, and citizenship responsibilities.

A Response to a Court Ruling

The current Citizenship Act, last updated in 2009, already limits citizenship by descent to the first generation born outside Canada. This rule means that Canadian citizens born abroad cannot pass on citizenship to their own children born outside Canada.

In December 2023, the Ontario Superior Court of Justice ruled this first-generation limit unconstitutional. Bill C-3 is the government’s attempt to fix this issue while keeping tighter control over citizenship by descent.

Reporting and Implementation

The new amendments also require the Immigration Minister to present an annual report to Parliament. This report would list how many people became citizens under the new law and outline any waived security checks.

The deadline to update the first-generation limit in the Act is November 20, 2025. Before becoming law, Bill C-3 must pass third readings in both the House of Commons and the Senate, and then receive royal assent.

Support for Lost Canadians

Until new laws pass, people affected by the old first-generation limit can apply for discretionary grants of citizenship. They must submit an online proof of citizenship application with required documents. Processing usually takes about eight months, but those in hardship can request faster processing.

Rejected Amendment

During discussions, a proposal by a Conservative MP, Michelle Rempel Garner, to end birthright citizenship did not pass. Her amendment would have allowed citizenship only if at least one parent was a Canadian citizen or permanent resident.

Currently, any child born in Canada automatically becomes a citizen, except in rare cases such as children of foreign diplomats. This principle of birthright citizenship remains unchanged and continues to apply across the country.