In a significant policy shift, the Government of Canada has moved to tighten the eligibility criteria for citizenship by descent, introducing new language, residency, and security requirements for foreign-born descendants of Canadian citizens. The amendments, passed by the House of Commons Standing Committee on Citizenship and Immigration on October 8, 2025, form part of Bill C-3, a proposed update to the Citizenship Act.

Under these new provisions, Canadians who were themselves born abroad will face stricter conditions before passing on citizenship to their children born outside Canada. This update is intended to align citizenship by descent more closely with the requirements for naturalized citizens, ensuring consistency and fairness in how citizenship is granted and inherited.

What’s New in the Citizenship by Descent Rules

The revised Bill C-3 now includes three major additions to the eligibility criteria:

Additionally, all adults inheriting citizenship by descent will be subject to security and admissibility checks, similar to those faced by individuals applying for Canadian permanent residency or naturalization.

Why the Changes Were Introduced

The move comes after a court ruling earlier in 2025 found Canada’s two-generation cut-off rule unconstitutional. Previously, Canadian citizenship could only be automatically passed down to the first generation born outside Canada. Bill C-3 was introduced in June 2025 by Prime Minister Mark Carney’s government to comply with that court order.

However, with the new amendments, the process is no longer automatic for everyone. It now mirrors what’s typically expected of immigrants applying for citizenship through naturalization, emphasizing fairness, national security, and active ties to Canada.

Residency Requirement: A Key Policy Shift

One of the most impactful changes is the new residency rule. Instead of having to live in Canada for three consecutive years before their child’s birth, foreign-born Canadians can now accumulate 1,095 days in any five-year period prior to the birth. This provides more flexibility for Canadians who frequently travel or live abroad for work, yet still ensures a tangible and ongoing connection to Canada.

In simple terms:

• You must have lived in Canada for a total of three years in the five years leading up to your child’s birth abroad.
• If you do not meet this requirement, your child will not automatically inherit Canadian citizenship by descent.

Language and Knowledge Tests: Aligning with Naturalization Standards

The addition of language and knowledge tests brings citizenship by descent in line with the requirements faced by immigrants applying for Canadian citizenship. Those between 18 and 55 years old must prove proficiency in English or French, and demonstrate that they understand the rights and duties of a Canadian citizen. This change ensures that individuals inheriting citizenship have a genuine connection to Canada’s culture, language, and democratic values.

Debate Over Constitutionality and Implementation

The amendments were passed narrowly, with support from the Conservative opposition and the Bloc Québécois, while some officials expressed concerns about potential unintended consequences.

Bloc Québécois MP Alexis Brunelle-Duceppe argued that these changes simply ensure fairness: “Everybody should be happy. The same rules apply to naturalized Canadians so why not here?” However, Uyen Hoang, Director General of Citizenship at Immigration, Refugees and Citizenship Canada (IRCC), cautioned that the move could recreate a new category of “lost Canadians.”

She explained that individuals affected by the two-generation cut-off are not new applicants but people who automatically acquire citizenship by law at birth. Applying new barriers could, therefore, complicate the reinstatement process for those whose citizenship is being restored under Bill C-3. The committee’s final version of the bill will soon be tabled in the House of Commons for debate before its third and final reading.

Who Will Be Affected by the New Law?

According to the current draft of Bill C-3, the changes will only apply to individuals born outside Canada on or after the day the new act comes into effect.

That means:

• If your child was born before the new law takes effect, they will not be impacted.
• For those born after implementation, parents must meet the new residency, language, and security requirements to transmit citizenship.

The federal government must finalize and implement Bill C-3 by November 20, 2025, to comply with the court’s ruling.

Key Takeaways: What This Means for Future Generations

These updates signal a major policy shift from automatic inheritance to earned and qualified citizenship by descent. While Canada remains inclusive, the new approach ensures that citizenship reflects active engagement, knowledge, and connection to the country. For families abroad, this means careful planning before the birth of a child, especially for dual citizens or Canadians living overseas for work.

If you’re unsure about your eligibility under the upcoming Bill C-3, consult a Regulated Canadian Immigration Consultant (RCIC) to assess your situation and understand your citizenship options.

Preparing for the Future of Citizenship by Descent

The upcoming changes under Bill C-3 mark a new chapter in Canadian citizenship by descent one that balances inclusivity with responsibility. By introducing language proficiency, residency, and security provisions, Canada aims to ensure that future generations of citizens, regardless of where they’re born, maintain a strong and genuine connection to the country.

For individuals with questions about citizenship rights or eligibility under the new rules, ImmigCanada’s RCIC experts can help you prepare and plan for the transition with confidence.

FAQs: Citizenship by Descent and Bill C-3

Q1. What is Bill C-3?

Bill C-3 is proposed legislation to amend the Citizenship Act and address the court’s ruling against Canada’s two-generation limit on citizenship by descent.

Q2. What are the new language requirements?

Applicants aged 18–55 must demonstrate adequate proficiency in English or French to inherit citizenship by descent.

Q3. How does the new residency rule work?

A Canadian citizen born abroad must have lived in Canada for 1,095 days (3 years) within any five-year period before their child’s birth abroad.

Q4. When will these changes take effect?

Once the bill passes third reading and becomes law, likely by November 2025.

Q5. Will current citizens lose their status?

No. These changes only apply to future births outside Canada after the law takes effect.

Q6. What if I don’t meet the new requirements?

Your child may not automatically inherit citizenship, but they could still be eligible through naturalization or immigration sponsorship routes.