Canada Extends Citizenship by Descent: Bill C-71 & 2026 Updates

By Abhi Mehta, Founder of Canada Citizen Center and Immigration Writer

Canada has officially passed Bill C-71, extending citizenship by descent beyond the first generation. Learn about the new rules, who is eligible, and how to apply.

In a landmark move, the Canadian government has enacted legislation to extend citizenship by descent beyond the first generation born abroad, ending a controversial "second-generation cut-off" that has been in place since 2009. The changes, introduced in Bill C-71 and receiving Royal Assent in June 2026, restore a more inclusive approach to Canadian citizenship for families abroad. This decision directly addresses long-standing legal challenges and criticisms that the previous rules created unfair classes of citizenship, particularly affecting Canadians living and working internationally who wished to pass on their nationality to their children.

Key Takeaways

  • Citizenship Extended: As of June 2026, Canada has amended the *Citizenship Act* to grant citizenship by descent to children born abroad to a Canadian parent who was also born abroad, a group previously excluded.
  • Substantial Connection Test: The new law introduces a "substantial connection" test for the Canadian parent born abroad. To pass on citizenship, they must prove they have resided in Canada for at least 1,095 cumulative days (three years) before the birth of their child.
  • New Application Process: Individuals who are now eligible can apply for a proof of citizenship certificate through a specific process outlined by Immigration, Refugees and Citizenship Canada (IRCC). The process does not grant automatic citizenship; an application is required.
  • Previous Rules Invalidated: The legislation effectively overturns the restrictive rules implemented by the 2009 amendments (under former Bill C-37), which limited citizenship by descent to the first generation born abroad.
  • Who Benefits: The changes primarily benefit "second-generation born abroad" Canadians—individuals born outside Canada to a Canadian parent who was also born outside Canada. This also includes "Lost Canadians" affected by previous restrictive and often discriminatory rules.
  • Processing Times: IRCC is still updating its processing time estimates, but applicants should anticipate delays as the department manages an expected influx of new applications.

Background

The legal framework for Canadian citizenship by descent has undergone significant evolution. Before 2009, Canadian citizenship could generally be passed down through multiple generations born abroad. However, concerns about "Canadians of convenience"—citizens with little genuine connection to Canada who might only use their citizenship to access consular services in times of crisis—prompted legislative changes.

In 2009, the Conservative government passed Bill C-37, which amended the *Citizenship Act*. The most significant change was the introduction of a "first-generation limit." Under this rule, a Canadian citizen parent born outside Canada could *not* pass on their citizenship to their child if that child was also born outside Canada. This created what became known as the "second-generation cut-off."

This rule was immediately controversial. Organizations like the "Lost Canadians" advocacy group argued it created two tiers of citizens and unfairly penalized families of Canadians working abroad for the government, international organizations, or private companies. The policy faced numerous court challenges. Notably, the case of *Bjorkquist et al. v. Attorney General of Canada* saw families argue that Section 3(3)(a) of the *Citizenship Act* violated the Charter of Rights and Freedoms. In May 2023, the Ontario Superior Court of Justice ruled that the second-generation cut-off was unconstitutional, a decision that put significant pressure on the government to amend the law.

In response to the court ruling and sustained advocacy, the federal government introduced Bill C-71, *An Act to amend the Citizenship Act*, in May 2024. The bill moved through Parliament and was officially passed into law, receiving Royal Assent on June 19, 2026.

What Changed / What's New

The most critical change, effective June 19, 2026, is the repeal of the first-generation limit on citizenship by descent. The revised *Citizenship Act* now allows a Canadian parent born abroad to pass on citizenship to their child born abroad, provided the parent can demonstrate a "substantial connection" to Canada.

This connection is defined as having accumulated at least 1,095 days of physical presence in Canada prior to the birth of the child. This equates to three full years. The days do not need to be continuous, allowing for periods of work, study, or vacation to be counted towards the total.

This new provision is retroactive, meaning it applies to anyone born on or after April 17, 2009 (the date the previous restrictive law came into effect), who would have been a citizen if not for the second-generation cut-off. It also applies to those born before that date who were affected by similar, older rules.

As of late June 2026, Immigration, Refugees and Citizenship Canada (IRCC) is in the process of updating its application forms and internal processing guidelines. The department has released initial guidance, stating that new application kits specifically designed for this category of applicants will be available on its website by August 2026.

Minister of Immigration, Refugees and Citizenship, Marc Miller, stated in a press release dated June 20, 2026: "This legislation rights a historic wrong. It ensures that Canadian families are not unjustly divided by outdated and punitive rules. We are implementing a fair system that recognizes a person's tangible connection to our country as the foundation for citizenship."

Who Is Affected

The new law has broad implications for several groups:

  • Second-Generation Canadians Born Abroad: The primary beneficiaries are individuals born after April 17, 2009, to a Canadian parent who was also born abroad. For example, if your mother was born in Germany to her Canadian Armed Forces parents, and then you were born in the United States while she was working there, you were previously barred from citizenship. Under the new law, you are now likely eligible, provided your mother can prove she lived in Canada for at least 1,095 days before your birth.
  • "Lost Canadians": This term refers to people who lost or never received their citizenship due to a complex and often arbitrary series of changes to the *Citizenship Act* between 1947 and today. The new, more inclusive rules based on a substantial connection may help many in this group finally claim their rightful citizenship.
  • Families of International Workers: Canadians employed by global companies, non-profits, and other organizations who are raising families abroad are no longer penalized. The 1,095-day rule allows them to pass on citizenship if they spent a significant part of their life in Canada before their international career.
  • Future Generations: The law establishes a clear and predictable rule for generations to come. A Canadian born abroad will know that if they have children while living outside Canada, their children’s eligibility will depend on the time they themselves have spent physically in Canada.

How the Process Works

Obtaining citizenship under the new rules is not automatic. Eligible individuals must formally apply for a proof of citizenship certificate. This document is the official confirmation of Canadian citizenship.

Here are the expected steps, based on IRCC's initial guidance:

  1. Determine Eligibility: Before applying, you must confirm you meet the criteria. This involves:
  • Having a Canadian parent.
  • Being born outside Canada.
  • Your Canadian parent also being born outside Canada.
  • Your Canadian parent having at least 1,095 days of physical presence in Canada before your birth.
  1. Gather Documents: The application will require extensive documentation. While the new application kit is pending, you should begin gathering:
  • Your original birth certificate, listing your parents.
  • Proof of your parent's Canadian citizenship (e.g., their citizenship certificate or card, birth certificate from a Canadian province, or passport).
  • Evidence of your Canadian parent's physical presence in Canada. This is the most critical and challenging part. Documents can include school records, tax statements (T4s, Notices of Assessment), university transcripts, property rental agreements, employment records, and provincial health card statements. IRCC will be looking for official, third-party documents to verify the 1,095 days. Sworn affidavits alone may be insufficient without supporting evidence.
  • Application Forms: Once available (expected August 2026), you will need to complete the relevant application form (likely a variation of the "Application for a Citizenship Certificate (Proof of Citizenship) under Section 3").
  • Photos: Two passport-style photos meeting IRCC specifications.
  • Fees: A processing fee, payable online.
  1. Submit the Application: Most applications are now submitted online through the IRCC portal. The system allows for uploading digital copies of your documents.
  1. Processing: IRCC will review the application. They will verify the parent's citizenship and meticulously calculate the days of physical presence. They may issue a Request for More Evidence (RFE) if the documentation is not sufficient. Given the newness of the law, processing times are uncertain. While standard proof of citizenship applications currently take 5–7 months, applicants under this new stream should likely expect 12-24 months for a decision, at least initially.

What This Means For You

This legislative change is a significant opportunity for thousands of people with Canadian roots living around the world.

  • For Readers in the U.S.: The United States is home to the largest number of Canadians abroad. Many are academics, tech workers, and business professionals. If you are a Canadian born abroad living in the U.S. and have children, this law may grant them Canadian citizenship. This can provide them with access to Canadian education, healthcare, and the right to live and work in Canada. Given that the U.S. allows dual citizenship, your child can hold both American and Canadian passports.
  • For Readers in the U.K. and Australia: Similar to the U.S., many Canadians reside in the United Kingdom and Australia. These countries also permit dual nationality. The steps are the same: you must prove your own "substantial connection" of 1,095 days in Canada. For your child, securing Canadian citizenship can open up future opportunities for travel, work, or study in North America.
  • Practical First Steps: Do not wait for the new forms to be released. Begin the process of assembling the "physical presence" evidence for the Canadian parent immediately. Contact old schools, former employers, and government agencies to request records. Reconstructing a timeline from years or decades ago can be the most time-consuming part of the entire process.

Frequently Asked Questions

1. Does the 1,095-day rule apply to me if I was born in Canada?

No. If you were born in Canada, you are a citizen by birth (with very few exceptions, such as children of diplomats). You can pass on citizenship to your child born abroad automatically, without needing to meet any physical presence requirement. This new law only affects the ability of a Canadian *born abroad* to pass on citizenship.

2. Do years I spent in Canada as a child count towards the 1,095 days?

Yes. Any time the Canadian parent was physically present in Canada before the applicant's birth can be counted, regardless of their age at the time. This includes time spent attending elementary school, high school, or living in Canada with their parents.

3. What if my Canadian parent is deceased? Can I still apply?

Yes. You can still apply for proof of citizenship. However, the burden of proof is on you, the applicant, to provide the necessary documents to prove your deceased parent met the 1,095-day physical presence requirement. This can be very challenging and may require tracking down old records from various institutions.

4. Is there an age limit to apply under this new law?

No. The law is retroactive. Whether you are a minor or an adult, you can apply if you meet the eligibility criteria. For applicants under 18, the application would be submitted by a parent or legal guardian.

5. I was born before 2009 and was denied citizenship because my Canadian parent was born abroad. Does this new law help me?

Yes, it very likely does. The "substantial connection" test based on 1,095 days of physical presence is being applied retroactively to address cases like yours. The goal of the new legislation is to create a single, clear rule for citizenship by descent that corrects past legislative inconsistencies.

6. My parents are Canadian, but I was born abroad. They were also born abroad. My grandfather was born in Canada. Am I a citizen?

Under the new law, you are likely eligible for citizenship. Your parent who is a Canadian citizen (through your grandfather) can now pass on citizenship to you, provided that parent lived in Canada for a cumulative total of 1,095 days before you were born. Your grandfather's birth in Canada established your parent's citizenship. Now, your parent's time in Canada establishes yours.

This legislative update represents one of the most significant changes to Canadian citizenship law in over a decade. It affirms the principle that a genuine connection to Canada is what matters most. For many families around the world, this is a long-awaited opportunity to finally claim their Canadian heritage.

Ready to see if you qualify? Take our quick online quiz to check your eligibility in under two minutes.

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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.