Canada Citizenship by Descent: Bill C-71 Latest Updates 2026

Explore the latest 2026 updates on Canadian citizenship by descent. Our guide covers the impact of Bill C-71, eligibility for the second generation born abroad, and how to apply for a citizenship certificate.

2026-05-21

In a landmark move, the Canadian government has passed Bill C-71, officially titled the Citizenship Act, 2024, to restore citizenship rights to many individuals born abroad who were previously excluded. This new legislation, which received Royal Assent on May 20, 2026, automatically confers Canadian citizenship on anyone born outside Canada to a Canadian parent who was also born abroad, a group often referred to as "lost Canadians." The law effectively ends the "second-generation cut-off" rule that had been in place since 2009, impacting thousands of families globally and affirming the principle that a Canadian is a Canadian is a Canadian. The changes address a long-standing grievance for those who, despite a clear and direct connection to Canada, were denied their citizenship rights due to the previous legal framework.

Key Takeaways

Citizenship Restored: Bill C-71, effective May 20, 2026, grants Canadian citizenship to persons born abroad to a Canadian parent who was also born abroad, retroactively removing the "second-generation cut-off."
Substantial Connection Test: To qualify, individuals must demonstrate a "substantial connection" to Canada, which is defined as having cumulatively spent at least 1,095 days (three years) in Canada before the birth of their child.
Immediate Effect: The law is retroactive, meaning those who meet the criteria are now automatically considered Canadian citizens. They can immediately apply for a proof of citizenship certificate.
No More Disadvantage: The changes eliminate the previous system where parents had to navigate complex legal channels or meet specific residency requirements before their children could be recognized as citizens.
Global Impact: This legislation affects thousands of individuals worldwide, particularly in countries with large Canadian expatriate communities like the United States, United Kingdom, and Hong Kong.
New Application Process: Individuals seeking to confirm their newfound citizenship status must apply for a citizenship certificate through Immigration, Refugees and Citizenship Canada (IRCC), providing documents that prove their parent's citizenship and their own birth abroad.

Background

Understanding the current landscape requires looking back at the evolution of Canada's citizenship laws. The concept of citizenship by descent has been a cornerstone of Canadian law, but its application has shifted significantly over the years.

Prior to 2009, Canadian citizenship was generally passed down from a Canadian parent to a child born abroad without limitation on the generation. This changed with the enactment of Bill C-37 in 2009, which amended the *Citizenship Act*. The amendment introduced the "first-generation limit," meaning that a Canadian parent who was themselves born outside Canada could not automatically pass on citizenship to their child born abroad. This rule was intended to prevent "Canadians of convenience" and ensure a meaningful connection to the country. A further amendment, Bill C-6, was passed in 2015, which made some adjustments but maintained the core first-generation limit.

The 2009 rule created a significant group of "lost Canadians"—individuals with a Canadian parent and often Canadian grandparents, who felt deeply connected to Canada but were denied citizenship. The policy was criticized for being discriminatory and for penalizing families where careers in academia, international development, or global business required them to live abroad.

In 2023, the Ontario Superior Court of Justice declared the first-generation limit unconstitutional, ruling that it violated the Charter of Rights and Freedoms. The court found that the broad-brush approach of the law unfairly denied citizenship to individuals with a genuine link to Canada. This landmark court decision prompted the federal government to introduce new legislation to rectify the issue, leading to the creation of Bill C-71.

What Changed / What's New

The most significant change brought by Bill C-71 is the repeal of the restrictive first-generation limit imposed by the 2009 amendments. As of its Royal Assent on May 20, 2026, the *Citizenship Act* now includes a clear and accessible pathway to citizenship for the second generation born abroad.

The new legislation automatically confers citizenship on individuals born outside Canada to a Canadian parent (who was also born abroad) if that parent can demonstrate a "substantial connection" to Canada. This connection is defined in the legislation as having been physically present in Canada for a cumulative total of at least 1,095 days (three years) prior to the birth of their child.

According to a statement from the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, released on May 21, 2026, "This legislation rights a historic wrong. For too long, we have denied citizenship to people with a deep, abiding connection to our country. Today, we welcome them home."

This change is retroactive, which is a critical detail. It means that anyone who meets these criteria is now, by law, a Canadian citizen, regardless of their age or when they were born. Their status as a citizen is recognized from the date of their birth. They do not need to be "granted" citizenship; they need only to apply for a proof of citizenship certificate to formalize their status.

Who Is Affected

This legislation directly impacts a specific but significant group of people around the world.

The primary group affected is:

The Second Generation Born Abroad: Individuals born outside of Canada to a Canadian parent who was also born outside of Canada.

Here are some concrete examples:

An individual born in London, UK, whose mother was born in France to a Canadian-born soldier stationed there after WWII. Under the old rules, this person would not be a citizen. Under Bill C-71, they are, provided their Canadian parent (the mother) lived in Canada for at least 1,095 days before their birth.
A young adult born in New York to a Canadian father who was himself born in Hong Kong while his Canadian parents were working abroad. If the father returned to Canada for university and lived there for four years before moving to the US for work, he would meet the 1,095-day requirement, and his child would now be a Canadian citizen.
So-called "Lost Canadians" who for years have been unable to claim citizenship because of the 2009 rule can now have their status recognized.

Who is NOT affected?

First Generation Born Abroad: The rules for this group remain largely the same. If you were born abroad to a Canadian parent who was born *in* Canada, you are a citizen by descent. This has been the standard for decades.
Adopted Children: The rules for international adoptions and citizenship are governed by a different part of the *Citizenship Act* and are not directly impacted by the "substantial connection" test for citizenship by descent.

How the Process Works

For those who are now Canadian citizens as a result of Bill C-71, the next step is to obtain official proof of their status. This is not a "grant" of citizenship but a recognition of an existing right.

Step 1: Gather Your Documents

The applicant will need to collect several key documents:

Proof of their own identity: Birth certificate listing the parent(s).
Proof of the Canadian parent's citizenship: The parent's birth certificate or citizenship certificate.
Proof of the parent's "substantial connection": This is the most critical new requirement. The parent must provide evidence of having been physically present in Canada for at least 1,095 days. This can be proven through:
School records (transcripts, report cards)
Employment records (pay stubs, tax documents like T4 slips)
Provincial health records
Rental agreements or property ownership documents
Passport stamps and travel history

Step 2: Complete the Application for a Citizenship Certificate

You will need to fill out the IRCC form "Application for a Citizenship Certificate for Adults and Minors (CIT 0001)." It is crucial to use the most up-to-date version of this form from the official IRCC website. The application will need to be filled out with the details of the person seeking the certificate—the child born abroad.

Step 3: Pay the Fees and Submit the Application

As of May 2026, the processing fee for a citizenship certificate is CAD $75. You must pay this fee online and include the receipt with your application package. The complete package is then mailed to the designated IRCC case processing centre in Sydney, Nova Scotia.

Expected Timelines

IRCC has acknowledged that there will be a significant influx of applications due to the new law. While the standard processing time for a citizenship certificate has historically been around 5-9 months, applicants under this new stream should anticipate potential delays. The government has indicated it is allocating additional resources to manage the workload, but initial processing may be slower.

What This Means For You

The passage of Bill C-71 has profound implications for thousands of individuals and families with Canadian ties living abroad.

For Residents of the U.S. and U.K.: Many families with Canadian connections reside in these countries. Children born to Canadian expatriates who were themselves born abroad can now claim citizenship. This opens up opportunities for them to study, work, and live in Canada without needing to go through the immigration process. For example, a student in the U.S. with a Canadian parent born in the U.K. can now apply for Canadian university at domestic tuition rates once they have their citizenship certificate.

For Residents of Australia and Elsewhere: The principle is the same. The key is no longer *where* your Canadian parent was born, but whether they can demonstrate a history of physical presence in Canada. This change recognizes the global nature of modern careers and families.

Reuniting Families: The law will facilitate family reunification, allowing children and grandchildren of Canadians to connect with their heritage and exercise their rights as citizens. It removes a significant barrier that had fractured family identity across generations.

Frequently Asked Questions

1. Is the 1,095-day physical presence rule for me or my Canadian parent?

The requirement to have been physically present in Canada for at least 1,095 days applies to your Canadian parent who was born abroad. This must have occurred *before* your birth.

2. Is the 1,095-day rule continuous?

No, the days are cumulative. Your Canadian parent could have spent summers in Canada as a child, attended university for a few years, or worked in Canada at different times. As long as the total adds up to 1,095 days, the requirement is met.

3. What if my Canadian parent is deceased?

You can still apply for a citizenship certificate. However, you will be responsible for gathering the necessary proof of their citizenship and their physical presence in Canada. This can be challenging for older records and is a key area where applicants may need to do extensive research.

4. I was born before 2009. Does this law still apply to me?

Yes, Bill C-71 is retroactive. It applies to anyone born abroad to a Canadian parent, regardless of their date of birth, as long as the conditions are met. This means many "lost Canadians" who have been fighting for their status for years are now recognized as citizens.

5. Can I pass on citizenship to my own children born abroad?

Yes. Once you have your citizenship certificate, you are a first-generation Canadian born abroad (your citizenship is by descent). You can then pass on citizenship to your own children born outside Canada. This new law effectively "resets the clock" for descent rules for your lineage.

This new legislation marks a significant and welcome change in Canadian citizenship law, emphasizing connection over location of birth. It acknowledges the contributions and ties of global Canadians and ensures that their children are not left behind.

To find out if you may be eligible for Canadian citizenship under these new rules or other provisions, you can check your eligibility in under two minutes with our quick online quiz.

This article is for informational purposes only and does not constitute legal advice.

Canada Citizen Center is not a law firm and does not provide legal advice.