Canadian Citizenship – Bill C-3

A child born abroad and adopted by Canadian parents can become a Canadian citizen through two distinct mechanisms, each with important consequences for the future transmission of citizenship.

The child can obtain citizenship without going through permanent residence if:

• at least one adoptive parent was a Canadian citizen at the time of the adoption;
• that parent is eligible to pass on citizenship by descent.

This path is generally faster, but it now comes with significant limits on intergenerational transmission.

Parents can sponsor the child so they obtain permanent residence, then apply for Canadian citizenship on their behalf (or the child may apply themselves at age 18).

Key advantage:
a child who becomes a citizen through naturalization can pass on citizenship to their own children born abroad, which is not always possible with the direct grant.

Canadian law historically limited the automatic transmission of citizenship to the first generation born or adopted abroad. This rule caused numerous unfair situations, which were found unconstitutional by the Ontario Superior Court of Justice in December 2023.

Bill C-3 expands the ability to pass on citizenship beyond the first generation, but introduces a new central condition: demonstrating a genuine connection to Canada.

For children born or adopted abroad on or after December 15, 2025, when the Canadian parent was themselves born or adopted abroad, that parent must demonstrate a substantial connection to Canada.

Requirement:
having accumulated at least 1,095 days (3 years) of physical presence in Canada before the birth or adoption of the child.

Without this proof, the direct grant of citizenship is not possible.

The first-generation limit does not apply if an adoptive parent or grandparent was working abroad as a servant of the Canadian Crown (Canadian Armed Forces, federal public service, provincial or territorial services), excluding locally engaged employees.

Bill C-3 also corrects historical injustices affecting people who lost, or never obtained, citizenship because of outdated laws. Affected individuals, their descendants, and certain people born or adopted abroad before December 15, 2025 can now obtain or have their Canadian citizenship restored.

The new rules are more inclusive, but also more technical. Choosing the wrong path (direct grant or naturalization) can have major consequences for the future transmission of citizenship.

Septimmigration helps you:

• analyze your family and generational situation;
• choose the safest strategy;
• prepare applications that comply with the Act;
• understand your children's future rights.

Government of Canada: Changes to the Citizenship Act – Adoption

Septimmigration – Always working in our clients' best interest.

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