A Major Change to Canadian Citizenship Law

For years, many people born in the United States to Canadian parents were told they were not entitled to Canadian citizenship. The reason? Their Canadian parent was also born outside of Canada. This was known as the “first-generation limit,” and for thousands of families, it meant their connection to Canada was severed simply because of where they happened to be born. That rule is now gone.

On December 15, 2025, the Government of Canada brought Bill C-3 — An Act to Amend the Citizenship Act — into force. This landmark legislation removes the second-generation cut-off that had existed since 2009, opening the door to Canadian citizenship for a significant number of people who were previously excluded.

What does this mean in practical terms?

If you were born outside Canada before December 15, 2025, and at least one of your parents was a Canadian citizen — even if that parent was also born outside Canada — you may already be a Canadian citizen and simply not know it. The change is retroactive and automatic. You do not apply to “become” a citizen; you apply for a citizenship certificate as proof of the citizenship you already hold.

For those born on or after December 15, 2025, a new framework applies. A Canadian parent who was themselves born abroad can still pass citizenship to a child born abroad, but they must demonstrate a “substantial connection” to Canada — specifically, at least 1,095 days (approximately three years) of physical presence in Canada prior to the child’s birth. This requirement does not apply to those born before the new law came into force.

Why did this change happen?

The courts led the way. In December 2023, the Ontario Superior Court of Justice ruled that the first-generation limit was unconstitutional. The Government of Canada chose not to appeal that decision, agreeing that the law was producing unfair results for Canadian families living and working abroad. After a period of legislative work, Bill C-3 received Royal Assent on November 20, 2025, and came into force on December 15, 2025.

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How many people are affected — especially in the United States?

The numbers are significant. Immigration, Refugees and Citizenship Canada estimates that hundreds of thousands of people around the world have automatically become Canadian citizens as a result of this change. Given the deep historical ties between Canada and the United States — and the large number of Canadians who have lived, worked, and raised families south of the border over the decades — a substantial portion of those affected are American-born individuals with Canadian parents or grandparents. Populations in border states and regions like New England, the Midwest, and the Pacific Northwest are particularly likely to include people who may now qualify. Some estimates suggest that tens of thousands of US citizens may be in a position to claim Canadian citizenship for the first time.

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What should you do next? 

If you believe you or your children may qualify, the first step is to carefully review your family’s citizenship history and determine eligibility. These cases require proper documentation — birth certificates, proof of parental citizenship, and in some cases archival records. Given the surge in applications following Bill C-3, processing times at IRCC are currently running approximately 10 to 12 months for citizenship certificates.

At Achtari Law, we have been helping clients navigate Canadian citizenship matters since 2005. We understand what documents are needed, how to address gaps in the record, and how to put forward the strongest possible application. We will take the time to understand your specific situation and advise you clearly on your options.

If you think you may be eligible for Canadian citizenship under the new rules, we encourage you to contact us for a consultation. You can reach us at www.immigrationcan.com/contact-us or call us directly at (613) 564-0004. Do not navigate this alone — let us help you understand where you stand.

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