You’re Canadian under Bill C-3, but your future children might not be — here’s what you can do about it

Bill C-3 restored Canadian citizenship to anyone born before December 15, 2025, who can trace an unbroken line of descent to a Canadian ancestor.

But the same law introduced a new restriction for the next generation. If you have a child born abroad after December 15, 2025, that child won't automatically inherit your citizenship unless you've spent at least three years (1,095 days) living in Canada before their birth.

There is, however, a straightforward workaround that many newly recognized Canadians may not know about.

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Here's how the rule works, what it means for your family, and what options you have.

How one family could face two different outcomes

Consider a woman in Boston. Call her Marie. Her grandmother emigrated from Quebec to Massachusetts in the 1950s. Marie is 38 and works as a pediatric nurse. She has two children: a son, Luc, born in 2023, and a daughter, Camille, born in 2027.

Under Bill C-3, Marie is a Canadian citizen. She was born before December 15, 2025, and she can trace an unbroken line of descent to a Canadian ancestor. She doesn't need to pass a language test or meet special residency requirements. She just needs to apply for the proof of Canadian citizenship and receive the certificate that confirms it.

Luc, born in 2023, is in the same position. Born before December 15, 2025, to a parent who is a Canadian citizen, he is automatically Canadian too.

However, Camille, born in 2027, faces a different situation entirely. She was born after December 15, 2025, and her mother (Marie) has never lived in Canada. Under Bill C-3, Camille is not automatically a Canadian citizen.

Due to the way Canada’s new citizenship laws are structured, two children from the same family have completely different citizenship outcomes.

The substantial connection test

The reason is a provision in Bill C-3 called the substantial connection test. For children born or adopted abroad after December 15, 2025, a Canadian parent who was also born abroad must show they spent at least 1,095 cumulative days — roughly three years — physically present in Canada before the child's birth or adoption.

The days don't need to be consecutive. They can fall at any point in the parents' lives before the child arrives. But if the parent has never lived in or spent extended time in Canada, the test isn't met — and citizenship doesn't pass to the child.

The substantial connection test is a permanent feature of the law. It applies to every future child born abroad to a Canadian parent who was also born abroad.

It also does not affect anyone born before December 15, 2025 (such as Luc in our example above). If your existing children were all born before that date, the test is irrelevant, and they are automatically Canadian.

The multigenerational effect

The implications extend beyond one generation.

Luc — born in 2023, automatically Canadian — grows up in Boston and never lives in Canada. When he has children, they will face the same test. If he hasn't accumulated three years of physical presence in Canada by then, his children won't inherit citizenship either.

Camille — born in 2027, and not Canadian herself— has no citizenship to pass on at all. Her children would have no pathway to a Canadian passport through descent.

Without someone in the chain actually spending time in Canada, citizenship by descent stops transmitting after the current generation. The door that Bill C-3 opened for people born before December 2025 narrows for each subsequent generation born abroad.

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The workaround for soon-to-be-parents: Give birth in Canada

Canada grants automatic citizenship to anyone born on its soil. This is known as jus soli, or birthright citizenship, and it applies regardless of the parents' immigration status.

The primary exception here is children born to accredited foreign diplomats.

For Marie, this changes the picture. Had Camille been born in Canada instead of Boston, the substantial connection test would not have applied. Camille would have been Canadian by birth, not through descent. The three-year residency question would have been irrelevant.

For newly recognized Canadians who are planning to start or grow their family, this is a meaningful option. As a Canadian citizen, you have the legal right to enter and remain in Canada. Having a child born on Canadian soil would give that child citizenship from day one, regardless of how much time you've previously spent in the country.

Does having my child in Canada impact my U.S. citizenship, or my child’s?

Giving birth to your child on Canadian soil has no impact on your American citizenship, nor the future American citizenship of your child.

A U.S. citizen does not lose citizenship by having a child in another country.

And a child born in Canada to an American parent generally acquires U.S. citizenship by descent as well, provided the parent meets U.S. physical presence requirements — a threshold most American-raised adults clear easily.

This means that a child born in Canada to a newly recognized Canadian parent from the U.S. would likely hold dual citizenship from birth — Canadian through jus soli, American through descent.

An important distinction for adoption

This workaround applies to birth, not to international adoption. A child adopted from abroad after December 15, 2025, is still subject to the substantial connection test, because jus soli concerns where the child is born, not where the adoption takes place. Families considering international adoption should seek guidance on how the test applies to their situation.

What remains uncertain

IRCC has not yet published full operational guidance on how the 1,095-day requirement is documented or verified.

In testimony before the Senate on November 17, 2025, IRCC confirmed that the days are cumulative and need not fall within a specific window.

The Department of Justice's legislative commentary supports this interpretation. However, questions remain about what evidence IRCC will accept and whether categories of time in Canada, such as childhood visits, count. Until guidance is published, applicants should document their time in Canada thoroughly.

Next steps

Understanding how the substantial connection test affects your family — and what workarounds exist — is one of the reasons many Americans are choosing to work with immigration lawyers who specialize in citizenship by descent.

If you think you may qualify under Bill C-3, you can check your eligibility using CanadaVisa's citizenship by descent eligibility checker.

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