Bill C-3: The 1,095-Day Rule for Canadians Born Abroad

Citizenship November 3, 2026 9 min read

Bill C-3: The 1,095-Day Rule for Canadians Born Abroad

Since Dec 15, 2025, Canadians born abroad can pass on citizenship, but for new births the parent needs 1,095 days in Canada first. Here's how to plan.

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By Maria

Canadian citizenship by descent no longer stops at the first generation born abroad. Bill C-3 came into effect on December 15, 2025. For a child born or adopted outside Canada on or after that date to a Canadian parent who was also born abroad, the parent must have spent at least 1,095 days (three years) in Canada before the birth or adoption. Most people born abroad before that date to a Canadian parent became citizens automatically, but they still need a $75 citizenship certificate to prove it.

At a glance

  • Bill C-3 removed the first-generation limit in some situations. Under that old rule, citizenship by descent passed only to the first person born abroad to a Canadian.
  • For a child born or adopted abroad on or after December 15, 2025, in the second generation or later, the Canadian parent needs 1,095 days of cumulative physical presence in Canada before the birth or adoption.
  • People born abroad to a Canadian parent before December 15, 2025 are, in most cases, now citizens automatically. A citizenship certificate is how IRCC confirms it.
  • The order is certificate, then passport, then travel to Canada. The certificate is not a travel document.

Bill C-3 timeline: from the 2023 court ruling to December 15, 2025

IRCC's backgrounder on Bill C-3 sets out the dates:

DateDecember 19, 2023
What happenedOntario Superior Court of Justice found parts of the first-generation limit unconstitutional. The government did not appeal.
DateJune 5, 2025
What happenedBill C-3 introduced
DateNovember 20, 2025
What happenedRoyal assent
DateDecember 15, 2025
What happenedBill C-3 came into effect

Between the ruling and the new law, IRCC ran an interim measure for people affected by the court decision.

How IRCC counts generations

IRCC's page on the 2025 rule change counts generations this way:

TermCanadian citizen
Who it meansBorn in Canada, or granted citizenship (naturalized)
TermFirst generation
Who it meansBorn or adopted outside Canada to a Canadian citizen who was born in Canada or naturalized. Canadian by descent.
TermSecond generation or later
Who it meansBorn outside Canada to a first-generation person. Now Canadian in some situations.

The same count applies to people adopted abroad who apply for a direct grant, IRCC's process for giving citizenship to a child adopted by a Canadian parent.

The rule by date of birth or adoption

SituationBorn abroad before December 15, 2025, to a Canadian parent
Rule after Bill C-3In most cases, automatically a Canadian citizen. This includes people whose parent became Canadian through these changes.
SituationBorn abroad on or after December 15, 2025, second generation or later
Rule after Bill C-3May be Canadian if the parent was born or adopted abroad to a Canadian citizen and that parent spent at least 1,095 days in Canada before the birth
SituationAdopted abroad before December 15, 2025, second generation or later
Rule after Bill C-3Can apply for a direct grant of citizenship for adopted people
SituationAdopted abroad on or after December 15, 2025, second generation or later
Rule after Bill C-3Direct grant route, with the Canadian parent needing at least 1,095 days in Canada before the adoption
SituationAlready a citizen before Bill C-3
Rule after Bill C-3No change. Still a citizen.

IRCC calls the 1,095-day test a "substantial connection" to Canada, measured as cumulative physical presence: the days are added together and don't need to be one continuous stay.

A child born abroad on December 14, 2025 falls under the automatic rule with no day count. A child born abroad on December 15, 2025 or later falls under the 1,095-day test.

Which families Bill C-3 reaches, and which it doesn't

  • Families with children born abroad on or after December 15, 2025, where the Canadian parent was also born or adopted abroad. Only the parent's days in Canada before the birth count toward that child.
  • Adults and children born abroad before December 15, 2025 to a Canadian parent, including second-generation and later people the old rule left out. Most became citizens automatically but have nothing to prove it until they get a certificate.
  • Remaining "Lost Canadians," IRCC's term for people who lost or never got citizenship because of outdated rules in earlier laws. Changes in 2009 and 2015 restored or gave citizenship to about 20,000 people. Bill C-3 extends access to those still excluded, including section 8 cases and their descendants.
  • Families who adopted abroad in the second generation or later, under the direct grant route.
  • People with interim-measure applications still in progress, which IRCC will process under the new rules.
  • People who became citizens automatically and don't want to be. IRCC has a simplified renunciation process for those born before December 15, 2025 who weren't previously granted citizenship.

Anyone who was already a Canadian citizen before Bill C-3 is unaffected. People with no family claim can still apply for citizenship through the regular grant process if they meet its requirements.

Sequencing a descent claim: records, certificate, passport

  • Map the family line. Starting with the grandparent, note whether each person was born in Canada, naturalized, or born or adopted abroad. This places a child in IRCC's generation count.
  • Check the dividing date. Birth or adoption before or after December 15, 2025 decides whether the 1,095-day test is part of the file.
  • Count the parent's days in Canada before the birth or adoption if the child was born on or after December 15, 2025. Pull records of where the parent lived, studied or worked in Canada, with dates. A timeline is easier to rebuild now than after filing.
  • Plan ahead if another child is coming. A Canadian parent born abroad who expects a child abroad should count their days in Canada before the expected birth date.
  • Apply for a citizenship certificate. IRCC says anyone who thinks they became a citizen through Bill C-3 must apply for one to find out for sure. The fee is $75, per IRCC's certificate process page.
  • Build in mailing time if you're abroad (see the table below).
  • Apply for the passport only after the certificate, then enter Canada on the passport.
  • Don't refile an interim-measure application. If yours is still in progress, IRCC says no new certificate application is needed.
  • Consider renunciation only if citizenship is unwanted. This applies to people born before December 15, 2025 who became Canadian automatically.

Extra time IRCC says to add for applications from abroad:

SituationLiving outside Canada and the U.S., applying through a Canadian embassy, high commission or consulate
Add to processing time3 to 4 months (mailing time)
SituationApplying for a minor (under 18) living outside Canada and the U.S., with the application sent directly to the Case Processing Centre in Sydney, Nova Scotia
Add to processing time6 to 8 months

Processing time also varies with whether the application is complete, how easily IRCC can verify the information, and how quickly the applicant responds to requests. A complete, well-documented family line is the part an applicant controls.

You can see how Sherway supports citizenship by descent and certificate applications.

An example: the 1,095-day test on a March 2026 birth

Illustration only: a child is born outside Canada in March 2026. The child's mother was born abroad to a Canadian-born grandparent, which makes the mother first generation and the child second generation.

Because the birth is after December 15, 2025, the 1,095-day test applies to the mother's days in Canada before March 2026.

  • If her records show 900 days: 1,095 − 900 = 195 days short of the threshold.
  • If her records show 1,100 days: 1,100 − 1,095 = 5 days over the threshold.

A 5-day margin leaves little room if a stay turns out shorter than remembered, so records matter more than estimates. Had the same child been born before December 15, 2025, the automatic rule would apply in most cases, with no day count.

This shows how the rule works on paper. It is not an assessment of any real family.

Common questions

Does Bill C-3 make my child born abroad a Canadian citizen?

It depends on the birth date and the family line. For births abroad before December 15, 2025 to a Canadian parent, IRCC says the person is in most cases a citizen automatically. For births on or after that date in the second generation or later, the Canadian parent must have spent at least 1,095 days in Canada before the birth. Either way, IRCC confirms status through a citizenship certificate application.

How many days does a Canadian parent born abroad need in Canada?

At least 1,095 days (three years) of cumulative physical presence before the child's birth or adoption, for children born or adopted on or after December 15, 2025.

Do I need a citizenship certificate if I became Canadian automatically?

IRCC says anyone who thinks they became a citizen because of Bill C-3 must apply for one to find out for sure. The certificate is also what you use to apply for a Canadian passport, which IRCC says helps avoid delays at the border.

How much is a citizenship certificate, and can I travel with it?

The fee is $75. The certificate is not a travel document, so adults travelling abroad need a valid passport. One exception: children 15 and under can use an original citizenship certificate instead of a passport to enter the U.S. or return to Canada by land or sea.

I applied under the interim measure. Do I have to reapply?

No. IRCC says applications still in progress will be processed under the new rules, with no new certificate application needed.

What we don't know yet

  • Current processing time for certificates. We can't confirm a current official figure, so plan with a buffer, especially from abroad.
  • What evidence proves the 1,095 days. IRCC's Bill C-3 pages don't list which documents it accepts as proof of physical presence.
  • How partial days and absences are counted within the 1,095 days.
  • Renunciation steps. IRCC calls the process simplified but hasn't set out the forms or timeline on its Bill C-3 pages.

The 1,095-day count can turn on a handful of dates. An RCIC can assess your specific case: book a consultation with a Sherway consultant to review your records before you file.