Monday, Feb. 16, 2026
Did Canada retroactively expand citizenship by descent in 2025? | Fact brief
In late 2025, Canada passed a law known as Bill C-3 that retroactively recognizes the Canadian citizenship of many people born or adopted abroad to Canadian parents who were previously excluded.
Earlier rules limited automatic citizenship by descent to the first generation born outside Canada. As a result, many children born abroad to foreign-born Canadians did not automatically receive citizenship.
The changes stemmed from court challenges and longstanding concerns about the “first-generation limit.”
With that limit removed, anyone born outside Canada to Canadian parents before Dec. 15, 2025, is now automatically a citizen.
That change also applies to anyone born abroad who can prove their descent from a Canadian ancestor. The law does not limit how far back that ancestor can be.
Those born or adopted outside Canada after Dec. 15, 2025, only qualify if their Canadian parents can prove they were physically present in Canada for over three years previously.
This fact brief is responsive to conversations such as this one.
Sources
- Government of Canada: Change to citizenship rules in 2025
- Government of Canada: Ontario Superior Court of Justice’s Decision on First Generation Limit
- Pryor Cashman LLP: Canada Citizenship By Descent: A New Era of Eligibility
- Immigration.ca: How to Claim Canadian Citizenship by Descent Under Canada’s New Citizenship Act Bill C-3
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Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by newsrooms in the Gigafact network.
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