Bill C-3: Americans with Canadian Ancestry – Citizenship by Descent Expanded

Canada, like the United States, grants citizenship to individuals born on its soil (birthright citizenship), so if your parent or grandparent was born in Canada, they were a Canadian citizen by birth. Many Americans have Canadian ancestry through a parent or grandparent, and recent changes in Canadian law mean these family connections could make you eligible for Canadian citizenship by descent. In fact, as of December 15, 2025, Bill C-3 has removed the old “first-generation limit” to citizenship by descent in many cases, allowing second-generation and even later-generation descendants of Canadians to claim citizenship where it was previously not possible. Below, we answer some common questions about how these new rules work, including how to count generations, what documents you’ll need, and how multiple family members can apply under Bill C-3.

What Is Bill C-3 and Who Is Eligible?

Bill C-3 (effective December 15, 2025) is an amendment to the Canadian Citizenship Act that extends citizenship by descent to additional generations born outside Canada. Prior to this law, only the first generation born abroad to a Canadian parent was automatically entitled to Canadian citizenship by descent; this was known as the first-generation limit. Children born abroad to Canadian-born parents (the second generation outside Canada) were generally not considered Canadian citizens under the old rules, unless special exceptions applied (such as a parent in government or military service). This left many people – often called “Lost Canadians” – without citizenship despite having Canadian grandparents or great-grandparents.

Bill C-3 removes the second-generation cut-off for those born before its implementation date. In practical terms, this change means people born outside Canada in the second generation or later before December 15, 2025 are now automatically Canadian citizens in most cases. If you were born abroad before that date and have at least one Canadian parent (even if that Canadian parent was also born abroad to a Canadian grandparent), you likely gained Canadian citizenship under the new law. This extension can cascade down through the family line: there is essentially no generational limit on citizenship by descent for those cases, as long as each parent in the chain was Canadian at the time of the next child’s birth.

Example: An American who has a Canadian grandparent (born in Canada) and a parent born abroad (in the U.S.) can now claim Canadian citizenship through that lineage, even if the parent and the American applicant themselves were born outside Canada. Under the old rule, the parent (second generation abroad) would have been cut off from claiming citizenship, which also blocked the grandchild. Under Bill C-3, the parent can obtain Canadian citizenship, and in turn the grandchild (third generation abroad) is also eligible, provided their births occurred before the law’s implementation date (December 15, 2025).

What about children born after December 15, 2025? The new law also introduced a forward-looking rule often called the “substantial connection” test. For children born abroad on or after Dec 15, 2025 in the second generation or beyond, the Canadian parent (who was also born abroad) must have lived in Canada for at least 1,095 days (3 years) for the child to be a Canadian citizen by descent. In other words, if you (a Canadian by descent) have a child abroad after the law came into effect, you need to have spent about 3 years in Canada at some point prior to your child’s birth in order to pass on citizenship. This rule ensures a tangible connection to Canada for future generations. Importantly, this 3-year residency requirement does NOT apply to those born before Dec 15, 2025 – those individuals are covered by the broad generational inclusion of Bill C-3 without any such condition.

How to Count Generations for Canadian Citizenship by Descent

When determining your eligibility through a Canadian ancestor, it’s crucial to count the generations correctly. Here’s how Canada defines the generations in citizenship by descent:

• Canadian citizen (0ᵗʰ generation) – A person who is Canadian by birth (born in Canada) or by naturalization. For example, if your grandparent or great-grandparent was born in Canada, they were a Canadian citizen at birth. This Canadian-born ancestor is the foundation of your claim (in our example scenario, the great-grandfather is the Canadian by birth).
• First generation born abroad – The children of the Canadian citizen who are born outside Canada. For instance, a child born in the United States to a Canadian-born parent is the first generation born abroad. This person is a Canadian citizen by descent under Canada’s laws (the grandparent in our scenario, born in the U.S. to the Canadian great-grandfather, was a Canadian by descent).
• Second generation born abroad – A person born outside Canada to a first-generation Canadian-by-descent parent. In our example, this is the parent (born abroad to the Canadian citizen grandparent). Under the old rule, this second-generation individual would not have been a citizen automatically. Bill C-3 changed that: if they were born before Dec 15, 2025, they are now eligible to be recognized as Canadian citizens.
• Third generation (and beyond) born abroad – A person born outside Canada to a second-generation (or further) Canadian. In the example, this would be you, the great-grandchild of the original Canadian ancestor. Thanks to Bill C-3, you too are potentially Canadian, especially if each link in the chain was born before December 15, 2025. Once your parent (the second generation) is deemed a citizen under the new law, you (the third generation) also qualify as the child of a Canadian parent. There is effectively no limit on how far back the citizenship can be passed under these new rules – it can extend to third, fourth generation and so on, as long as you can prove your line of descent from that original Canadian-.

In summary, you count generations starting from the first person in your family who was born outside Canada to a Canadian citizen. That person is “first generation born abroad”; their child born abroad is second generation, and so forth. Bill C-3 allows all these generations (if born before the cutoff date) to reclaim or acquire Canadian citizenship, ending the previous cut-off that stopped at the first generation.

What Documents Are Required to Claim Citizenship under Bill C-3?

Obtaining proof of your Canadian citizenship by descent (through the Bill C-3 changes) involves assembling clear documentation that links you to your Canadian ancestor. The key is to demonstrate the parent-child relationships through each generation, back to the family member who is a Canadian citizen. You will typically need to provide the following documents with your citizenship certificate application:

• Proof of the Canadian ancestor’s citizenship: Usually a birth certificate if your ancestor was born in Canada (or a Canadian citizenship certificate if they were naturalized in Canada). For example, a copy of your Canadian-born grandparent’s birth certificate serves as evidence that they were a Canadian citizen by birth.
• Birth certificates for each subsequent generation: You must include the birth certificate of each person in the lineage, showing the link from parent to child in each step. For instance, provide your parent’s birth certificate (showing the Canadian grandparent as the parent), and your own birth certificate (showing your parent’s name). If your claim goes through multiple generations, gather birth certificates for grandparent, parent, and yourself, and so on. Each birth certificate establishes the biological/legal parent-child connection to the prior generation.
• Baptismal records: Baptismal records are not a substitute for civil birth certificates, but they may be accepted as secondary evidence in certain situations.
• Name change documents (if applicable): If there have been any name changes due to marriage, divorce, adoption, etc., include the official documents (marriage certificates, change-of-name records, adoption orders) to connect the names on the birth certificates. For example, if your mother’s maiden name on her birth certificate is different from the name on your birth certificate, a marriage certificate can prove it’s the same person.
• Identification documents: Government-issued photo ID for you (and possibly for the parent, if available) to establish identities. This might include a passport or driver’s license, as required by the application guidelines.
• Your children’s birth certificates (if applying for them): If you are also submitting applications for your minor children to claim citizenship, include each child’s birth certificate showing you (the now-recognized Canadian) as their parent. This extends the proof of the chain to the next generation.

When putting together your application, ensure that all names, dates, and places line up consistently across these documents to clearly map out your family tree. Together, the birth certificates from each generation – supplemented by any necessary marriage or name change records – provide a clear paper trail of descent from a Canadian citizen, which is the strongest proof for citizenship by descent. Essentially, you are proving that “I am the child (or grandchild, etc.) of a Canadian citizen,” step by step. Canadian officials will use this evidence to confirm your eligibility under Bill C-3. (Tip: It’s often helpful to include a simple family tree diagram or a written explanation in your application to outline the relationships, especially in complex cases.)

If a required document cannot be obtained, you may submit a written explanation outlining the efforts you made and why the record is unavailable. This can include contacting churches, dioceses, or national archives to request baptismal or civil records.

You should provide supporting proof of those efforts, such as emails, letters, or official responses confirming that records were lost, destroyed, or never created. Clear documentation of reasonable attempts helps immigration officials assess the application fairly.

Can Multiple Family Members Apply at the Same Time under Bill C-3?

Yes. It’s quite common for several members of the same family to apply together (by paper) once they realize they all have a claim to Canadian citizenship. For example, consider a family where a parent, their adult child, and the grandchildren are all eligible due to the new rule – under Bill C-3, each of them can apply for a Canadian citizenship certificate. In these cases, you can submit all the applications at the same time, even in one package.

When doing so, it’s wise to include a cover letter or letter of explanation that clearly lays out the family lineage and the relationship between each applicant. Start by identifying the ancestor who was the Canadian citizen (e.g. “Grandfather born in Canada in 1940”). Then explain how the next generations derive their claim: for instance, “Applicant A is the child of [Canadian parent], and Applicant B is the grandchild of [Canadian parent],” and so on. This letter should effectively map the family chain for the visa officer, so they can easily see how each person is connected to the Canadian ancestor. By providing a detailed explanation and referencing each person’s included documents (birth certificates, etc.), you minimize any confusion and help the processing go smoothly.

Keep in mind that each person must meet the criteria individually, and each will get their own proof of citizenship. There may be separate forms and fees for each applicant. However, sending the applications together with a clear cover letter can ensure that an officer reviews the files in context and understands the big picture. We have found this approach very helpful when families apply concurrently under the Bill C-3 provisions.

Can My Children Obtain Canadian Citizenship Under Bill C-3?

Absolutely. One of the most important features of Bill C-3 is that it lifts the generational limit for those claiming citizenship by descent. There is no longer a hard cutoff at the second generation – meaning your children, grandchildren, and beyond can potentially obtain Canadian citizenship through your Canadian lineage, as long as the chain to a Canadian-born (or naturalized) ancestor is proven. In practical terms, if you have now qualified for Canadian citizenship under Bill C-3 (through your parent or grandparent’s Canadian status), then your children are eligible to be recognized as Canadian citizens as well, even if they are a further generation removed from the original Canadian ancestor.

The question of the date December 15, 2025 is crucial. Bill C-3 grants automatic citizenship to those in the second generation or later born before that date (when the law came into effect). So if your children were born outside Canada before December 15, 2025, and you (their parent) are claiming or have claimed Canadian citizenship through this new law, then your children are also Canadians by descent. For example, let’s say your grandfather was Canadian, your mother was born in the U.S. (making her second generation abroad) and you were born in the U.S. as well (third generation). Under Bill C-3, your mother becomes a Canadian citizen now, which in turn means you are the child of a Canadian and also become a citizen. If your own children were born before the law’s enactment, they too are entitled to Canadian citizenship because you are now considered a Canadian parent. In short, the citizenship can be passed down through all relevant generations under the new rules – there is no generational cap for those born before the cut-off.

For children born after December 15, 2025, as mentioned earlier, the new “substantial connection” requirement will apply. This means if your children are born abroad after the law took effect (and you yourself were born abroad as well), you’ll need to have accumulated 1,095 days of physical presence in Canada for those children to inherit citizenship automatically. Otherwise, they might not be citizens by descent and would need to go through the regular immigration or citizenship process. This aspect mainly affects future planning – for those with Canadian ancestry now claiming citizenship (like you and your currently born children), Bill C-3 has opened the door fully. Future generations will still have access, but with an added residency condition for the Canadian parent if the birth is abroad after 2025.

What is the IRCC filing fee?

The IRCC processing fee for certificate of citizenship (proof) is only $75 CAD per application.

Navigating Your Citizenship Claim (Our Experience)

Gaining Canadian citizenship through ancestry can be life-changing, opening up opportunities in Canada for you and your family. However, the process can also be document-intensive and sometimes confusing, especially with new rules coming into play. At Marin Immigration Law, we have advised applicants on citizenship matters, including those taking advantage of the Bill C-3 changes to the Canadian Citizenship Act. We understand the nuances of Canadian citizenship by descent and have helped clients assemble their applications to clearly demonstrate their family ties to Canada.

While this blog post provides general guidance and answers to common questions (FAQs), every family’s situation is unique. It’s important to ensure you meet the eligibility criteria and prepare your documentation carefully. With the removal of the generational limit, individuals in the U.S. with Canadian ancestry – whether it’s a Canadian parent, grandparent, or even a more distant ancestor – now have a renewed chance to obtain Canadian citizenship for themselves and their children. This alignment of Canadian law with the principle of recognizing jus sanguinis (right of blood, or citizenship by descent) means that Canada is acknowledging those deep-rooted connections, much like it honors jus soli (citizenship by birth on Canadian soil).

If you believe you might be a Canadian through your lineage, consider reaching out for personalized advice. Staying informed of the latest requirements (such as forms, fees, and any updated guidance from IRCC) will smooth the process. With the right preparation, you could soon be joining the ranks of those holding Canadian passports and enjoying the benefits of dual citizenship. The door has been opened – it’s time to explore what Canadian citizenship by descent can mean for you and your family under Bill C-3