Canadian Citizenship by Descent Changed on 15 December 2025: Most People Born Abroad Before That Date Are Now Citizens, Later Births Depend on a 1,095-Day Test
According to Immigration, Refugees and Citizenship Canada (IRCC), Bill C-3 changed the first-generation limit on Canadian citizenship by descent on 15 December 2025, so most people born abroad before that date to a Canadian parent are now citizens. For the second generation or later born on or after that date, the Canadian parent must have spent at least 1,095 days in Canada before the birth.
On 25 October 2026, the immigration news site CIC News published a piece on what IRCC officers look for in citizenship by descent applications, including birth records for each generation, proof of the Canadian ancestor’s status and, for children born on or after 15 December 2025, evidence of the parent’s time in Canada. Applications for proof of citizenship have surged since the law changed, and many families whose parents once immigrated to Canada and later moved back to Asia are asking the same question: if I was born abroad, am I Canadian?
This guide starts from that question. It explains how the new law decides who is a citizen, how the 1,095 days are counted, and how to apply for a citizenship certificate to confirm your status.
Key Points
- Who should pay attention: anyone born outside Canada to a Canadian parent, including families whose parents immigrated to Canada, became citizens and later returned to Hong Kong, Taiwan or elsewhere, and the children and grandchildren born abroad in those families.
- If you were born abroad before 15 December 2025 to a Canadian parent, in most cases you are already a citizen. You do not apply to become one, but you need a citizenship certificate to prove it.
- If you were born on or after 15 December 2025 and your Canadian parent was also born abroad, that parent must show 1,095 days of physical presence in Canada before your birth.
- Proof of citizenship costs CAD 75 per person, and media reports citing IRCC figures put processing at close to three years, so families with travel or study plans should start early.
What Is Canadian Citizenship by Descent: First and Second Generation
Citizenship by descent is Canadian citizenship acquired through a parent when you are born outside Canada. IRCC explains it in generations:
- First generation: born or adopted outside Canada to a Canadian citizen who was born in Canada or naturalized.
- Second generation or later: born or adopted outside Canada to a parent who is themselves first generation, meaning that parent was also born abroad and is a citizen by descent.
From 17 April 2009, a first-generation limit applied: in general only the first generation born abroad could inherit citizenship, and it could not pass automatically to the second generation. In December 2023, the Ontario Superior Court of Justice ruled the limit unconstitutional for many people. IRCC introduced an interim measure, and Bill C-3 then amended the law.
How the New Canadian Citizenship by Descent Rules Work: The 15 December 2025 Line
Bill C-3, An Act to amend the Citizenship Act (2025), received Royal Assent on 20 November 2025 and came into force on 15 December 2025. The table below is based on IRCC’s “Changes to citizenship rules in 2025” page and section 3 of the amended Citizenship Act:
| Your situation | Date of birth (or adoption) | Result under the new law |
|---|---|---|
| First generation (parent born in Canada or naturalized) | Any date | Already a citizen; not affected by the new law |
| Second generation or later (parent also born abroad) | Born before 15 December 2025 | In most cases, automatically a citizen |
| Second generation or later (parent also born abroad) | Born on or after 15 December 2025 | A citizen only if the Canadian parent spent at least 1,095 days in Canada before the birth |
| Second generation or later, adopted abroad | Adopted before 15 December 2025 | Can apply for a direct grant of citizenship |
| Second generation or later, adopted abroad | Adopted on or after 15 December 2025 | Can apply for a direct grant if the Canadian parent spent at least 1,095 days in Canada before the adoption |
A few details are easy to miss:
- If your parent became a citizen because of these changes, the “born before 15 December 2025” rule applies to you as well.
- Anyone who was already a citizen before the law changed keeps that status.
- According to IRCC, the law also extends citizenship to the remaining “Lost Canadians” and their descendants.
- If you applied under the interim measure and your application is still in progress, IRCC will process it under the new rules. You do not need to apply again.
- If the change made you a citizen automatically and you do not want to be one, you can apply to renounce. People born before 15 December 2025 who were not previously granted citizenship can use a simplified renunciation process.
How the 1,095-Day Substantial Connection Test Is Counted
The second generation or later born on or after 15 December 2025 must show a substantial connection to Canada. Under section 3(3) of the amended Citizenship Act, at least one citizen parent must have been physically present in Canada for at least 1,095 days before the child’s birth. IRCC describes this as cumulative physical presence, so the days do not need to be consecutive and can be added up across several stays.
The calculation uses IRCC form CIT 0555 (How to calculate physical presence in Canada for a Canadian parent): list the entry and exit dates of each stay in Canada, then add up the days. The guide used to say that partial days count as full days, but according to a CIC News report from August 2026, that sentence was removed in the 25 August 2026 form update and IRCC has not defined the point since. Families close to the threshold should take particular care.
According to IRCC’s document checklist (CIT 0014, August 2026 version, as summarised by CIC News), evidence of a parent’s time in Canada can include:
- Employment and education records, such as T4 slips and school transcripts
- Travel records, such as passports and entry and exit records
- Residential records, such as leases, mortgages and insurance
- Federal, provincial, territorial or municipal government records
- Affidavits from religious institutions, unions, volunteer programs or other organizations
- Affidavits from third parties who know about the parent’s time in Canada
Affidavits cannot come from family members, including parents, siblings, spouses, grandparents, aunts, uncles and cousins, even if the relative is a lawyer or notary.
Exceptions to the 1,095-Day Test
Under section 3(5) of the Citizenship Act, the 1,095-day requirement does not apply if a parent or grandparent was employed outside Canada with the Canadian Armed Forces, the federal public administration or a provincial public service (other than as a locally engaged person) at the relevant time. Proof of that employment must be included with the application.
How to Confirm Canadian Citizenship by Descent: Apply for Proof of Citizenship
If you believe you are a Canadian citizen by descent or because of Bill C-3, IRCC recommends applying for proof of citizenship (a citizenship certificate). IRCC reviews the application and, if you are a citizen, issues a certificate. You can use it to apply for a Canadian passport and to access government services, but the certificate itself is not a travel document.
The requirements below are based on IRCC’s proof of citizenship pages, the application package and the online instruction guide:
| Item | Details |
|---|---|
| Fee | CAD 75 per person; non-refundable once processing has started |
| Main forms | CIT 0001 application (adults and minors), CIT 0014 document checklist |
| Additional forms | CIT 0555 if you were born on or after 15 December 2025 and your Canadian parent was born abroad; IMM 5476 if you use a representative |
| Identity documents | Two valid IDs showing your name and date of birth, one with a photo; birth certificates, SIN cards, bank cards and old citizenship certificates do not count |
| Photo | Online applications: one digital citizenship photo plus the photographer’s details |
| Generational documents | Documents from the original issuing authority for you, your Canadian parent and, where needed, earlier ancestors, such as birth certificates naming the parents, Canadian citizenship certificates or naturalization certificates |
| Translations | Documents not in English or French need a translation and a translator’s affidavit; translations by family members are not accepted |
| Format | Clear, legible colour copies |
Online or Paper Application
IRCC allows online applications if you were born on or after 15 February 1977 and were born abroad to a parent who was born in Canada on or after 15 February 1977, or who became a citizen on or after 17 April 2009. Otherwise you apply on paper, for example if your parent was naturalized before 17 April 2009, if you do not know details about your parents or grandparents, or if you are applying for four or more children. Paper applications go to the address set for your country or territory, and a tracked mail or courier service is recommended.
How Long Processing Takes
IRCC updates its processing times tool every month. Applications have surged since the law changed: according to media reports citing IRCC figures, processing for proof of citizenship was about 33 months in September 2026 and about 34 months in October 2026. IRCC also says that applications submitted through a Canadian embassy, high commission or consulate outside Canada and the US need an extra three to four months for mailing, and that minors outside Canada and the US who send their application directly to the Case Processing Centre in Sydney, Nova Scotia, should add six to eight months.
After You Receive the Certificate
IRCC’s suggested order is: get proof of citizenship, use it to apply for a Canadian passport, then enter Canada on that passport. IRCC says dual Canadian citizens cannot fly to or transit through Canada on a non-Canadian passport and need a valid Canadian passport to board (Canadian-American dual citizens have separate arrangements).
Common Misconceptions About Canadian Citizenship by Descent
- “I was born in Hong Kong, so I am not Canadian.” Place of birth is not the only test. If your parent was a Canadian citizen when you were born, you are likely a first-generation citizen by descent. That was already true before the new law; you may simply never have applied for a certificate.
- “I need to apply for citizenship now that the law has changed.” People born before 15 December 2025 who qualify became citizens automatically. What they need is proof of citizenship, not a grant of citizenship.
- “I have to live in Canada for 1,095 days myself.” The requirement applies to the Canadian parent, counted before the child’s birth, not to the child.
- “My parent lived in Canada for more than three years, so it is fine.” IRCC looks at days that can be proven. Each stay needs dates and supporting documents, and all information can be verified.
- “With a citizenship certificate I can fly back to Canada.” The certificate is not a travel document; you need a Canadian passport to fly in.
Common Scenarios for Families in Hong Kong and Taiwan
Scenario 1: Your Parents Became Citizens in the 1990s and Moved Back; You Were Born in Hong Kong
Your parents immigrated to Canada in the 1990s, became citizens and later returned to Hong Kong, where you were born in 2000. You are a first-generation citizen by descent and were already a citizen before the new law. To confirm it, apply for proof of citizenship. Because your parents were naturalized before 17 April 2009, you will generally need to apply on paper, with your parents’ naturalization certificates and a birth certificate naming your parents.
Scenario 2: You Are First Generation and Your Child Was Born in Taiwan in 2020
You were born abroad and are a first-generation citizen by descent. Your child was born in Taiwan in 2020. Under the old rules the child, as second generation, could not inherit citizenship. Under the new law, because the child was born before 15 December 2025, the child is in most cases already a citizen. The application needs documents for your generation and for your Canadian parent to show each parent-child link.
Scenario 3: You Are First Generation and Your Child Was Born in Hong Kong in 2026
Because the child was born after 15 December 2025, you must show that you spent at least 1,095 days in Canada before the birth. If, for example, you studied for four years at a Canadian university and worked there for a while, list each stay on CIT 0555 and attach transcripts, T4 slips, leases and entry and exit records. If you fall short, the child may not be able to inherit citizenship by descent, and you should look at other options with a licensed immigration consultant or lawyer.
Canadian Citizenship by Descent and Proof of Citizenship: FAQ
When did the new Canadian citizenship by descent law take effect?
Bill C-3 (An Act to amend the Citizenship Act (2025)) received Royal Assent on 20 November 2025 and came into force on 15 December 2025. It changed the first-generation limit that had applied since 17 April 2009: most second-generation or later people born abroad before that date became citizens automatically, while those born after it depend on the Canadian parent’s 1,095 days in Canada.
If I have Canadian citizenship by descent, do I still need to apply for citizenship?
No. If you qualify, you are a citizen by law. What you apply for is proof of citizenship (a citizenship certificate), which confirms your status and lets you apply for a passport. It costs CAD 75 per person and is issued after IRCC reviews your file. Only people adopted abroad use the separate direct grant route.
When do the 1,095 days have to be completed, and can they be split up?
They must be completed before the child’s birth (or adoption), and they are the Canadian parent’s days, not the child’s. IRCC describes the test as cumulative physical presence, so the days do not need to be consecutive and can be added up across several stays on form CIT 0555. IRCC currently does not define how partial days are counted.
Is it enough if only one parent is Canadian?
Yes. Citizenship by descent only requires one parent to have been a Canadian citizen when you were born. For the second generation or later born on or after 15 December 2025, only one citizen parent needs to have spent 1,095 days in Canada before the birth.
How long does proof of citizenship take, and can it be sped up?
Processing times are updated monthly in IRCC’s tool. According to media reports citing IRCC figures, the estimate was about 34 months in October 2026, plus three to four months for mailing if you apply through an embassy outside Canada and the US. IRCC accepts urgent processing requests only in specific situations and decides each one, so check its current guidance before you travel.
What if I do not want to be a Canadian citizen?
If the new law made you a citizen automatically and you do not want to be one, you can apply to renounce. People born before 15 December 2025 who were not previously granted citizenship can use a simplified process. Before renouncing, also check the rules of any other nationality you hold.
Want to Confirm a Family Member’s Canadian Status? Ask Zagdim
If you are unsure which generation you or a family member falls into, or how to prepare the documents, tell us your situation at Ask Zagdim. For advice on an individual case, consult a licensed immigration consultant or a Canadian lawyer.
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Important Disclaimer
This article is general information and does not constitute legal, immigration or tax advice. It is based mainly on 2025 and 2026 guidance, forms and instructions from Immigration, Refugees and Citizenship Canada (IRCC), the text of Canada’s Citizenship Act, and media reports from August to October 2026; processing times are as reported in the media citing IRCC figures. Different rules may apply to people born before 15 February 1977, people who renounced or had citizenship revoked, and cases involving adoption or government postings abroad. Check IRCC’s latest guidance for your case and consult a Regulated Canadian Immigration Consultant (RCIC) or a Canadian lawyer.
The rules and fees in this article are current as of 26 October 2026; check IRCC for the latest official updates.
References
Immigration, Refugees and Citizenship Canada – Bill C-3: An Act to amend the Citizenship Act (2025) comes into effect (15 December 2025) / Immigration, Refugees and Citizenship Canada – Changes to citizenship rules in 2025 / Immigration, Refugees and Citizenship Canada – Changes to citizenship rules in 2009 and 2015 / Department of Justice Canada – Citizenship Act (R.S.C., 1985, c. C-29) / Immigration, Refugees and Citizenship Canada – Proof of citizenship: About the document / Immigration, Refugees and Citizenship Canada – Proof of citizenship: How to apply / Immigration, Refugees and Citizenship Canada – Application for a citizenship certificate (CIT 0001) / Immigration, Refugees and Citizenship Canada – How to calculate physical presence in Canada for a Canadian parent (CIT 0555) / Immigration, Refugees and Citizenship Canada – Dual Canadian citizens: travel to Canada / CIC News – What an IRCC officer looks for in your citizenship by descent application (25 October 2026) / CIC News – Canada updates citizenship by descent forms, shares new information on physical presence requirement (26 August 2026) / Moving2Canada – Canadian Citizenship-by-Descent Processing Times Increase Again, Topping 34 Months (13 October 2026)
