What is citizenship by descent? Canada offers new way for some to become citizens

National Post

06-06-2025

A new bill introduced in the House of Commons is offering a way for some to obtain Canadian citizenship.
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Bill C-3, An Act to amend the Citizenship Act, was tabled by Minister of Immigration, Refugees and Citizenship of Canada (IRCC) Lena Metlege Diab on Thursday. The bill would automatically grant Canadian citizenship to anyone who would be a citizen today if it weren't for the first-generation limit or 'outdated provisions,' the federal government said in a news release.
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Currently, most Canadian citizens who are citizens by descent cannot pass their citizenship onto a child born or adopted outside the country.
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The bill would also establish a new framework to allow for citizenship based on a Canadian parent's connection to Canada. The connection can be proven by demonstrating they lived in the country for at least three years, or 1,095 cumulative days, before the birth or adoption of a child.
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The Ontario Superior Court of Justice declared that key provisions of the first-generation limit were unconstitutional in Dec. 2023.
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'The Government of Canada did not appeal the ruling because we agree that the current law has unacceptable consequences for Canadians whose children were born outside the country,' per the news release.
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The Court suspended its declaration until November 20, 2025, which means the current rules still apply until further notice, according to the federal government.
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Why was the citizenship by descent bill introduced?
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'The legislative amendments to the Citizenship Act made in 2009 by the Harper Conservatives restrict citizenship by descent to the first generation born abroad,' Diab's office told National Post in an emailed statement.
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'This has meant that individuals with a genuine connection to Canada are not recognized as Canadian citizens and has led to unacceptable consequences for Canadians whose children were born outside the country.'
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The legislation was introduced to 'correct this, to remove the first generation limit, extending Canadian citizenship to 'Lost Canadians' beyond the first generation,' per the minister's office.