'Lost Canadians' in The U.S. and Worldwide Find Their Path to Canadian Citizenship As Bill C-3 Takes Effect

With Bill C-3 now in force, countless families who were effectively shut out of Canadian citizenship by technicalities will finally see their status recognised.

The changes are particularly significant for the estimated 570,000 Canadians living in the United States.

MIAMI, FL, UNITED STATES, December 17, 2025 /EINPresswire.com/ -- Canada has approved a landmark change to rules governing citizenship by descent by passing Bill C-3, legislation that restores and extends citizenship by ancestry for “Lost Canadians” and future generations born abroad.

After receiving Royal Assent in late November, Bill C-3 officially took effect on December 15, with Immigration, Refugees and Citizenship Canada (IRCC) now applying amended rules that automatically and retroactively recognise many people as Canadian citizens.

The changes are particularly significant for the estimated 570,000 Canadians living in the United States, many of whom have children or grandchildren born abroad who were previously excluded by the “first generation limit” or older rules based on gender, marriage, or birthdate.

“For Canadians in America as well as families living in Europe, Asia or the Middle East, this is an important reform that will reshape who can inherit Canadian citizenship through ancestry,” said HLG lawyer Polly Ho.

FIRST-GENERATION CAP REMOVED, CITIZENSHIP RESTORED

Since the creation of Canada’s Citizenship Act in 1947, Canada’s Citizenship by Ancestry (CBA) program, commonly known as citizenship by descent, provided a pathway for individuals to become Canadian citizens beyond geographical constraints.

In 2009, however, Canada’s Citizenship Act shifted to generally allow citizenship by descent to pass to only one generation born abroad, a restriction that created thousands of “Lost Canadians” with genuine familial connections to Canadian citizens yet lack legal status.

Bill C-3 removes this rigid first generation cap for those born before the law took effect and restores citizenship automatically to many who would have been citizens but for the old rules, including descendants affected by outdated citizenship provisions.

As of December 15, 2025, individuals born or adopted outside Canada before that date may now be recognised as Canadian citizens automatically and retroactively, if they would have qualified but for the first generation limit or earlier discriminatory provisions.

Canada’s Parliamentary Budget Officer estimates that at least 115,000 children born abroad - with many living in the U.S. - are expected to gain citizenship under these changes.

“The residency history of the Canadian citizen parent, along with the birth dates and birthplaces of the children, have all become strategically important in a way they simply were not before this reform,” said Jean François Harvey, Global Managing Partner at Harvey Law Group.

WHO ARE THE “LOST CANADIANS”?

The term “Lost Canadians” refers to people who lost or never acquired citizenship because of gaps in historical legislation, including those born outside Canada to Canadian parents or grandparents but blocked by first generation rules, pre 1977 citizenship laws, or gender and marriage based restrictions.

Many of these families have spent decades in legal limbo: parents identifying as Canadian but unable to transmit citizenship to their children, or descendants discovering only later in life that they did not qualify despite clear familial ties.

“With Bill C-3 now in force, countless families who were effectively shut out of Canadian citizenship by technicalities will finally see their status recognized,” Harvey said.

“This is not an abstract policy change. It can immediately alter residency options, education planning, and even long term tax and mobility strategies across generations,” Harvey added.

For multi generation Canadian families in the U.S and beyond, especially those with grandparents or parents who left Canada decades ago, Bill C 3 changes the logic of long-term planning and creates an urgent need to reassess family trees.

“Some people will discover they or their children are now Canadian citizens without ever having filed a traditional immigration application,” Harvey said.

NEW “SUBSTANTIAL CONNECTION” TEST FOR FUTURE GENERATIONS

While Bill C-3 removes the first generation limit for those born before December 15, 2025, it introduces a forward looking framework for children born or adopted abroad on or after December 15, 2025 to Canadian parents who were also born or adopted outside Canada.

In these second or later generation cases, citizenship by descent will depend on a “substantial connection to Canada” test, focused on the Canadian parent.

To pass this test, the Canadian parent born or adopted abroad must have accumulated at least 1,095 days - around three years - of physical presence in Canada before the child’s birth or adoption.

This objective standard is designed to replace the former generational cap with a measurable requirement grounded in real ties to Canadian life, while still allowing globally mobile Canadians to pass citizenship to their children if they have spent meaningful time in the country.

Individuals born or adopted outside Canada before December 15, 2025, and first generation children born abroad to Canadian born or naturalized parents, remain automatic citizens and are not required to prove substantial connection when applying for proof of citizenship.

WHAT FAMILIES SHOULD KNOW

With Bill C-3 in force, IRCC has begun updating application forms, online guidance, and internal procedures for processing proof of citizenship requests and new claims based on the amended Act.

Those who fall within the “automatic and retroactive” cohort will typically need to apply for proof of citizenship (a citizenship certificate) to formalize their status for passports, citizenship benefits, and entitlements.

Potentially affected families are advised to:

• Map their Canadian family line;
• Gather key documents of the Canadian ancestor, such as Canadian birth or naturalization records; past citizenship record or immigration paperwork;
• Assess whether the Canadian parent of concern has, or can accumulate, 1,095 days of physical presence in Canada before future children are born or adopted abroad to meet the substantial-connection requirement.

ABOUT HLG

Harvey Law Group, the largest business immigration law firm globally, has 20 offices worldwide and over 30 years of extensive experience and expertise in Citizenship by Investment and Ancestry programs.

HLG’s experienced team provides the specialised knowledge and strategic guidance needed to present a strong Citizenship by Ancestry application that meets IRCC standards while helping clients avoid costly delays, navigate complex eligibility rules and maximise their chances of success.

Our personalised approach, commitment to document integrity, and ethical practices ensure that clients can steer through the entire process with confidence and discretion.

For more information and a detailed breakdown of your eligibility, visit: https://harveylawcorporation.com

Jean François Harvey
Harvey Law Group
52 2116 1333
contact@harveylawcorporation.com
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