It is rare, in today’s immigration landscape, to come across a pleasant surprise that could grant citizenship benefits people may not even realize they are eligible for. But a new law in Canada appears to do exactly that.
The legislation, which came into effect late last year, has potentially opened new citizenship pathways for many individuals who were previously excluded from obtaining Canadian citizenship. Under Canada’s updated Citizenship Act (Bill C-3), many people born abroad to a Canadian parent may now be able to claim citizenship, even if they were not born in Canada.
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The new provision eliminates the “first-generation limit” for citizenship by descent and could allow many individuals to discover they are already eligible for Canadian citizenship without realizing it. The citizenship-by-descent rule came into effect on Dec. 15, 2025, creating opportunities for thousands of people born abroad to Canadian parents.
“Many individuals who were previously excluded under the old first-generation limit may now already be Canadian citizens without them being aware,” said Valerie Kleinman, senior associate at Green and Spiegel LLP in Toronto, who specializes in citizenship and immigration law.
But like any new law, it is important to understand the legislation, why the new provisions were introduced, and who stands to benefit from them. To better understand the updated Citizenship Act (Bill C-3), The American Bazaar spoke with Kleinman about the law’s key provisions and implications.
The American Bazaar: What is meant by ‘Canadian citizenship by descent’? What are the important changes that anyone with a Canadian parent must know?
Valerie Kleinman: This would mean means that a person is a Canadian citizen by virtue of their birth, having been born to a parent who is a Canadian citizen. This includes children of parents who became naturalized Canadian citizens prior to their birth. Citizenship by descent allows a person born or adopted outside Canada to become (or to be recognized as) Canadian because at least one parent is a Canadian citizen.
How would this be different from naturalization?
This is different from naturalization. Citizenship by descent is automatic if you meet the criteria. You do not have to “apply for citizenship,” you apply only for proof of the citizenship you already have.
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Can you tell us what was the first-generational limit and how things changed with the removal of this limit?
Under legislation that was in place from 2009 to 2025, a Canadian citizen born abroad could not pass their citizenship on to a child who was also born abroad. Only the first generation born outside of Canada to a Canadian was a Canadian citizen. The 2025 reform now allows many of these individuals, to be recognized as Canadian retroactively, as if the old limit never applied. This only applies to individuals who were born before December 15, 2025. The reform automatically recognizes many individuals who were excluded only because their Canadian parent was born outside Canada.
What are some of the things that Canadian citizens born abroad must keep in mind? Do factors like frequent travel affect eligibility for an individuals’ future children under the new rules?
Frequent travel and living abroad is fine, but it becomes important for Canadian citizens born abroad who want their children to be considered to be Canadian citizens. To pass on citizenship to a child born on or after December 15, 2025, they must be able to demonstrate that they spent 1,095 days of physical presence in Canada before the child’s birth.