New Law Ends “Second-Generation Cut-Off” for Canadians Born Abroad

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

A detailed guide to the June 2024 changes to Canada's Citizenship Act. Understand if you and your children are now eligible for Canadian citizenship by descent, how to apply for proof of citizenship, and what the end of the "second-generation cut-off" means for you.

A significant change to Canadian citizenship law took effect on May 28, 2024, ending the "second-generation cut-off" policy that has for years prevented many children of Canadians from automatically inheriting citizenship if they were also born abroad. This long-awaited amendment to the *Citizenship Act*, part of Bill C-71 which received Royal Assent on June 20, 2024, extends citizenship by descent to the first generation born abroad, regardless of where their Canadian parent was born. This policy shift, effective immediately, has profound implications for thousands of families of Canadian expatriates around the world, potentially granting citizenship to individuals who were previously denied it and ensuring their children can inherit their Canadian heritage.

Key Takeaways

  • End of the "Second-Generation Cut-Off": As of May 28, 2024, Canadian citizens born abroad can now automatically pass on citizenship to their children born outside of Canada. This eliminates the previous rule that limited citizenship by descent to the first generation born abroad.
  • Citizenship by Parent's Substantial Connection: The new law grants citizenship to children born abroad if their Canadian parent can demonstrate a "substantial connection" to Canada, defined as having spent at least 1,095 cumulative days (three years) physically present in Canada before the child's birth.
  • Retroactive Effect: The changes are retroactive, meaning they apply to anyone born on or after April 17, 2009, who would have been a citizen if the new rules had been in place at their birth. It also helps many who were born before that date.
  • New Application Process: Those who now qualify for citizenship under the new rules must apply for a grant of citizenship. This is a different process than applying for a "proof of citizenship certificate," which is for those who automatically acquired citizenship.
  • Impact on "Lost Canadians": The amendment addresses several long-standing issues that created "Lost Canadians"—individuals who were unfairly denied or lost their citizenship due to outdated and discriminatory provisions in previous versions of the *Citizenship Act*.

Background

The concept of who is, and who is not, a Canadian has been a subject of continuous legal evolution. Before 2009, Canadian citizenship law was more permissive, allowing Canadians to pass on their citizenship to multiple generations born abroad. However, this led to concerns about "Canadians of convenience"—individuals with little to no connection to Canada holding citizenship.

In response, the government of Prime Minister Stephen Harper enacted Bill C-37, which came into effect on April 17, 2009. This bill amended the *Citizenship Act* to introduce the "first-generation cut-off." Under this rule, a Canadian citizen parent born outside Canada could not automatically pass on citizenship to their child also born outside Canada. The parent had to be born in Canada or have naturalized as a Canadian citizen.

This created a significant and often painful divide. For example, a family that had lived abroad for generations might have maintained strong ties to Canada, but the 2009 law severed the link of citizenship for their newborn children. The Senate Committee on Human Rights noted in 2018 that the law had "disproportionate and negative consequences" on many families.

Further amendments in 2015 under Bill C-24 made minor changes but left the core of the second-generation rule in place. This led to a series of court challenges. In a landmark 2023 decision, the Ontario Superior Court of Justice ruled in *Bjorkquist et al. v. Attorney General of Canada* that the first-generation limit was unconstitutional. The court found that it violated the Charter of Rights and Freedoms by creating two unequal classes of citizens: those who could pass on citizenship and those who could not.

The government chose not to appeal the decision, instead promising legislative action. Bill C-71, the *Act to amend the Citizenship Act (2024)*, is the fulfillment of that promise. As Immigration Minister Marc Miller stated, "This law will unite families and ensure that all Canadians, no matter where they were born, are treated with fairness and equality."

What Changed / What's New

On May 28, 2024, key provisions of the new legislation came into force immediately upon receiving Royal Assent. The central change is the introduction of a new test for passing on citizenship to children born abroad, based on the Canadian parent's "substantial connection" to Canada.

The *Citizenship Act* now includes section 3(3.1), which allows a Canadian parent born abroad to pass on citizenship if they can prove they were physically present in Canada for a cumulative total of at least 1,095 days (equivalent to three years) before the birth of their child.

This replaces the previous, more restrictive rule under section 3(3) of the Act. The 1,095-day requirement is specific and cumulative. It does not need to be continuous. Any day with a physical presence in Canada, even for a short time, counts toward the total. This can include time spent in Canada for education, work, or visiting family.

Another critical change is the automatic restoration of citizenship for certain "Lost Canadians." This includes individuals born abroad to a Canadian parent between 1947 and 1981 who would have been citizens but for the discriminatory rules of the time, such as those that favoured paternal lineage. The new law also restores citizenship to their descendants.

What has not changed is the status of those who are already Canadian citizens. The new law does not take away anyone's citizenship. It is purely inclusive, extending citizenship to those previously excluded.

Who Is Affected

The new rules affect a wide range of individuals, including:

  • Second-Generation Canadians Born Abroad: The most directly impacted group. If you are a Canadian citizen who was born outside Canada, and you have a child who was also born outside Canada, your child may now be eligible for citizenship. For example, a woman born in Hong Kong to a Canadian-born father works in the UK and has a child. Before the change, her child would not have been a Canadian citizen. Under the new law, if she can prove she lived in Canada for at least 1,095 days before her child was born, her child can now become a citizen.
  • "Lost Canadians": The law retroactively grants citizenship to individuals who lost it or were never granted it due to previous, discriminatory versions of the *Citizenship Act*. This primarily helps those born before 1977 under an older legal regime. For example, a person born in the United States in 1965 to a Canadian mother and a non-Canadian father might not have received citizenship automatically. The new law corrects this historical injustice.
  • Descendants of "Lost Canadians": The right to citizenship is also extended to the children of newly recognized "Lost Canadians," allowing families to reclaim a heritage that was legally denied to them.
  • Prospective Parents: Canadian citizens living and working abroad who were themselves born abroad can now plan their families with the knowledge that their children will be able to become Canadian, provided they meet the physical presence requirement.

It is important to note that the law is not a blanket grant of citizenship to everyone with a Canadian grandparent. The key is the parent's substantial connection to Canada. The grandparent's citizenship is the reason the parent is Canadian, but it is the parent's 1,095 days of physical presence in Canada that allows them to pass on that citizenship to their child.

How the Process Works

It is crucial to understand the two different pathways to citizenship that result from this new law: automatic acquisition and a grant of citizenship.

  1. For those who automatically become citizens: This group includes individuals affected by the retroactive correction for "Lost Canadians." If you fall into this category, you are already a Canadian citizen. You do not need to "apply" for citizenship. Instead, you need to apply for a proof of citizenship certificate. This is done using IRCC form IRM 0001. This application requires extensive documentation to prove your identity and your lineage to a Canadian parent or grandparent, depending on the specific historical provision that applies to you.
  1. For those who are now eligible to become citizens: This is the larger group, primarily the children of second-generation Canadians born abroad. These individuals are not automatically citizens. They must apply for a grant of citizenship under the new section 3(3.1) of the Act. The parent will need to submit an application on behalf of their minor child (or the person can apply themselves if they are an adult). The core of this application will be proving the Canadian parent's cumulative physical presence of 1,095 days in Canada before the child's birth.

Evidence for the 1,095-day rule may include:

  • School records (transcripts, report cards)
  • Employment records (pay stubs, tax statements)
  • Official government records (health records, driving records)
  • Travel records (passport stamps, airline tickets)
  • Rental agreements or property ownership documents

IRCC has indicated that processing times for these new applications could be lengthy, potentially 12 to 18 months, as they work through an expected backlog. It is essential to prepare a thorough and well-documented application to avoid delays.

What This Means For You

For Canadians and their families around the globe, this change is life-altering. Here’s what it means for those in major expatriate hubs:

  • In the United States: Many Canadians live and work in the U.S., often starting families there. This change provides a pathway to Canadian citizenship for their children, ensuring a continued connection to Canada and access to benefits like post-secondary education.
  • In the United Kingdom and Australia: Similar to the U.S., many Canadians in the UK and Australia will now be able to secure citizenship for their children. This is particularly important for those who may wish to return to Canada in the future.
  • Globally: For the wider Canadian diaspora, this law is a recognition of their continued connection to Canada. It validates the identities of many who have always felt Canadian but were denied the legal status.

If you believe you or your child might be eligible, the first step is to carefully review the new requirements and start gathering the necessary documentation. Given the complexity of the law and the detailed evidence required, consulting with an immigration lawyer is highly recommended.

Frequently Asked Questions

1. When did this new citizenship law take effect?

The law, part of Bill C-71, received Royal Assent on June 20, 2024, and the key changes affecting citizenship by descent took effect immediately on May 28, 2024.

2. How do I calculate the 1,095 days of physical presence?

You must prove that the Canadian parent spent a cumulative total of 1,095 days in Canada before the child's birth. This is three years in total. The days do not have to be consecutive. You can use school records, tax documents, passport stamps, and other official records to prove physical presence.

3. Is this new law retroactive?

Yes, the law is retroactive and applies to anyone born on or after April 17, 2009. It also addresses historical cases of "Lost Canadians" born before that date.

4. What if the Canadian parent is deceased?

A person can still apply for a grant of citizenship even if their Canadian parent is deceased. The applicant would need to provide the same evidence of their parent's 1,095 days of physical presence in Canada.

5. I have a Canadian grandparent, but my parent was born abroad and never lived in Canada. Am I eligible?

Likely not. The new law requires your *parent* to have a substantial connection to Canada (1,095 days of physical presence). Citizenship by descent from a grandparent is not part of this new rule, though it may apply in some very specific "Lost Canadian" cases from an earlier era.

6. My previous application for my child's citizenship was rejected because of the second-generation rule. What should I do?

You will need to submit a new application under the new rules. If your child is now eligible, the previous rejection does not prevent you from reapplying.

---

The recent amendments to the *Citizenship Act* represent a major step forward in creating a more inclusive and fair definition of what it means to be Canadian. For thousands of families, this opens a door that was once firmly closed. The process requires careful documentation, but the reward is the recognition of a birthright.

To see if you or your children may be eligible for Canadian citizenship under these new rules, take our free online quiz. It takes less than two minutes to complete.

[Check your eligibility now >](/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.