Canadian Citizenship by Descent: Bill C-3 and the 1,095-Day Test

Canadian citizenship by descent now reaches past the first generation born abroad. Under Bill C-3, which took effect on December 15, 2025, a Canadian parent who was themselves born outside Canada can pass citizenship to a child also born abroad, provided that parent spent at least 1,095 cumulative days physically present in Canada before the child’s birth or adoption.¹ The old first-generation cutoff, which blocked citizenship from passing to the second generation regardless of family ties, is gone.

Which Rule Applies to You

Bill C-3 splits people into two groups based on birth date, and the difference is significant.

Born Before December 15, 2025

If you were born outside Canada in the second generation or later before December 15, 2025, you are likely already a Canadian citizen. Bill C-3 restored or granted citizenship automatically to people in this category, including descendants of the group commonly called Lost Canadians. You do not need to satisfy the 1,095-day test. You became a citizen by operation of law when the bill took effect. To have official proof, you still need to apply for a citizenship certificate.²

This automatic restoration flows down. If your parent was excluded by the old first-generation limit and Bill C-3 made them a citizen, you may be one too.

Born On or After December 15, 2025

If you were born outside Canada on or after December 15, 2025, to a Canadian parent who was also born abroad, you are Canadian only if that parent had accumulated at least 1,095 days of physical presence in Canada before your birth. The days must be banked before the child is born, not after.²

The 1,095-Day Physical Presence Test

Roughly three years. The days do not have to be consecutive. A parent who lived in Canada for a year in their teens, another year for university, and a third year working in their twenties would meet the threshold.¹

How you count matters. The day you leave Canada and the day you return both count as days present. Only full days spent outside the country count as absences. Leaving on July 1 and returning on July 6 is four days absent, not six.³

If the parent falls short of 1,095 days before the child is born, Bill C-3 offers no alternative pathway. The child does not acquire citizenship by descent, and the family would need to look at other routes such as sponsorship or permanent residency.

Adopted Children

An adopted child born abroad follows a related but separate pathway: a direct grant of citizenship rather than a certificate confirming citizenship already held. The same 1,095-day physical presence requirement applies to the Canadian parent, measured up to the finalization of the adoption.² The forms and fees for a grant differ from those for proof of citizenship, and grant applications cost substantially more. Check the current IRCC fee schedule before applying.

Documents to Gather

A citizenship certificate application needs your birth certificate showing both parents, along with evidence that your parent is Canadian — usually their citizenship certificate or their Canadian birth certificate.⁴

Any document not in English or French needs a translation, a translator’s affidavit, and a certified copy of the original.⁵ Certified birth certificate translations typically run $20 to $25 per page, though prices vary by language.

Proving Your Parent’s 1,095 Days

If you were born on or after December 15, 2025, or if IRCC asks for verification, you need records covering the full three years. The point is to build a timeline showing when the Canadian parent was physically in the country. Useful records include:

Employment records: pay stubs, contracts with Canadian employers, T4 tax slips showing Canadian income
Education records: transcripts and diplomas from Canadian schools or universities
Residential records: leases, mortgage statements, utility bills at a Canadian address
Medical records: doctor and hospital records, or provincial health insurance history
Travel records: passport stamps, airline records, border crossing documentation

These have to collectively account for the full 1,095 days. Gaps invite scrutiny, delays, or refusal.

Submitting the Application

The form is CIT 0001, Application for a Citizenship Certificate, on the IRCC website.⁶ One detail trips people up: if you were born outside Canada to a Canadian parent also born outside Canada, you cannot use the online portal. You must submit on paper.⁷

Paper applications go to the Case Processing Centre in Sydney, Nova Scotia. Send by registered mail or courier, and keep a full copy of everything.⁸

The fee for a citizenship certificate is $75 CAD, paid through the IRCC online payment system.⁹ Include the payment receipt with your paper application; without it, IRCC will not begin reviewing your file.

Processing times vary with volume, and IRCC updates its estimates on its processing times page. With a large group of people newly eligible under Bill C-3, wait times in the period after implementation may run longer than usual estimates suggest.

If Your Application Is Refused

You have two options, and one of them has a tight deadline. Within 30 days of the date on the refusal letter, you can apply to the Federal Court of Canada for judicial review. The court examines whether IRCC made a legal error, not whether it should have decided differently.¹⁰

You can also re-apply. There is no mandatory waiting period, but sending back the same package that was already refused wastes the fee. Fix the problem first, which is usually thin evidence of physical presence.¹¹

Do Not Pad the Physical Presence Record

If your parent is close to 1,095 days but short, resist the temptation to fill gaps with invented dates. Knowingly making a false representation or committing fraud on a citizenship application is a criminal offence. On indictment, the penalty is up to $100,000 in fines or five years in prison, or both. On summary conviction, up to $50,000 or two years, or both.¹² Citizenship obtained through fraud can also be revoked, and anyone whose citizenship is revoked must wait 10 years before reapplying.¹³

After You Receive the Certificate

Your certificate is official proof of Canadian status, and the next practical step for most people is a passport. You submit the certificate as proof — the original if it was issued before February 1, 2012, or a copy if issued after. When applying by mail, the certificate returns separately from the passport, which can take up to six weeks.¹⁴

Citizenship also creates a tax question that catches new citizens off guard. If you maintain significant residential ties to Canada — a home, a spouse, dependants, bank accounts, or provincial health insurance — the Canada Revenue Agency treats you as a factual resident even while living abroad. Factual residents must report worldwide income to Canada and file a return by April 30 each year. A foreign tax credit may reduce double taxation, but the filing obligation stays.¹⁵ New citizens who live abroad without those ties are generally non-residents for tax purposes, but the line is fact-specific and getting it wrong is expensive.

1
Immigration, Refugees and Citizenship Canada. Bill C-3: An Act to Amend the Citizenship Act (2025) Comes into Effect
2
Government of Canada. Change to Citizenship Rules in 2025
3
Immigration, Refugees and Citizenship Canada. CIT 0407 – Residence Calculator
4
Immigration, Refugees and Citizenship Canada. Proof of Citizenship Eligibility
5
Immigration, Refugees and Citizenship Canada. What Language Should My Supporting Documents Be In?
6
Immigration, Refugees and Citizenship Canada. Application for a Citizenship Certificate (CIT 0001)
7
Immigration, Refugees and Citizenship Canada. Guide for Online Applications for a Citizenship Certificate for Adults and Minors
8
Immigration, Refugees and Citizenship Canada. Case Processing Centre Sydney, Nova Scotia
9
Immigration, Refugees and Citizenship Canada. Citizenship and Immigration Application Fees
10
Federal Court. Application for Leave and for Judicial Review (Citizenship)
11
Immigration, Refugees and Citizenship Canada. What Can I Do If My Citizenship Application Is Refused?
12
Justice Laws Website. Citizenship Act – Section 29.2
13
Immigration, Refugees and Citizenship Canada. Revoking Citizenship
14
Immigration, Refugees and Citizenship Canada. How to Show Proof of Canadian Citizenship for Adult Passport Applications
15
Canada Revenue Agency. Factual Residents – Temporarily Outside of Canada