Bill C-3 citizenship question

[SyedZainulabideen]

I was born outside Canada in 2002. At the time, neither parent was Canadian. My father became a Canadian citizen in 2014. I am currently a PR, not a citizen.

Under Bill C-3 (effective 15 Dec 2025), does citizenship by descent still require that the parent was Canadian at the time of birth, or can a parent’s later naturalization retroactively make the child Canadian?

Based on this, would I be considered an automatic citizen under Bill C-3, or would I still need to apply through the normal PR-to-citizenship process?

 

[Naturgrl]

https://www.canada.ca/en/immigratio...dian-citizen/eligibility/already-citizen.html

How did father become a citizen? And why didn't he sponsor your years ago?

 

[hawk39]

I was born outside Canada in 2002. At the time, neither parent was Canadian. My father became a Canadian citizen in 2014. I am currently a PR, not a citizen.

Under Bill C-3 (effective 15 Dec 2025), does citizenship by descent still require that the parent was Canadian at the time of birth, or can a parent’s later naturalization retroactively make the child Canadian?

Based on this, would I be considered an automatic citizen under Bill C-3, or would I still need to apply through the normal PR-to-citizenship process?

The parent must have been Canadian before the birth of the child in order for the child to be granted citizenship by descent; that requirement has not changed. You will still need to follow the naturalization pathway for citizenship.

 

[JesseNewmarch]

Does the new C-3 rules work for those who's parents did not gain Canadian citizenship, but an older generation was? Our situation is my wife's aunt is a US citizen, her great-grandfather was a Canadian citizen, but nobody in between was naturalized.

 

[hawk39]

Does the new C-3 rules work for those who's parents did not gain Canadian citizenship, but an older generation was? Our situation is my wife's aunt is a US citizen, her great-grandfather was a Canadian citizen, but nobody in between was naturalized.

I'm still waiting for them to publish the amended Citizenship Act, but from what I've been able to piece together is that any second and subsequent generation born between January 1, 1947, and December 15, 2025, are now considered citizens by descent and can apply for proof. So as long as your wife's aunt's parent was born between those dates, then your wife's aunt and her children born before December 15, 2025 would also be considered citizens by descent.

 

[multizig]

I was born in 2003 outside of canada my father passed away and wasn't a citzen but grandmother became canadain citzen before I was born does that mean I can apply for citizenship according to this new law ?

 

[hawk39]

I was born in 2003 outside of canada my father passed away and wasn't a citzen but grandmother became canadain citzen before I was born does that mean I can apply for citizenship according to this new law ?

If your father was born before your grandmother became a citizen, then no, you cannot apply for it.

 

[multizig]

If your father was born before your grandmother became a citizen, then no, you cannot apply for it.

I researched this abit according to the new updated law the first generation cap is gone. Now the connection has to be made between you and your lineage, being her getting citizenship before I was born is the correct determination if I can apply

 

[multizig]

I researched this abit according to the new updated law the first generation cap is gone. Now the connection has to be made between you and your lineage, being her getting citizenship before I was born is the correct determination if I can apply

So my father is only a bridge to prove the connection and not a determination point of birth in relative to myself

 

[hawk39]

I researched this abit according to the new updated law the first generation cap is gone. Now the connection has to be made between you and your lineage, being her getting citizenship before I was born is the correct determination if I can apply

Citizenship by descent is solely based on the status of the parent before the birth of the child. If the parent was not a citizen when the child was born, then the child is not a citizen by descent; the child would have to be naturalized. The revocation of the first-generation rule now allows citizenship by descent to be extended retroactively beyond the first generation up to the commencement of Canadian citizenship in 1947, but the requirement that the child be born to a Canadian parent at the time of their birth still stands.

Since you were born in 2003, you would be governed by 3(1)(b) of the current Citizenship Act:

3 (1) Subject to this Act, a person is a citizen if

• (b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;

Note that it says "parents", not grandparents or ancestors.

 

[multizig]

Citizenship by descent is solely based on the status of the parent before the birth of the child. If the parent was not a citizen when the child was born, then the child is not a citizen by descent; the child would have to be naturalized. The revocation of the first-generation rule now allows citizenship by descent to be extended retroactively beyond the first generation up to the commencement of Canadian citizenship in 1947, but the requirement that the child be born to a Canadian parent at the time of their birth still stands.

Since you were born in 2003, you would be governed by 3(1)(b) of the current Citizenship Act:


Note that it says "parents", not grandparents or ancestors.

https://gaimmigrationlawyers.com/bill-c-3-canadian-citizenship-by-descent-update/
This a law firm near me posted this and they have a video on it

 

[armoured]

https://gaimmigrationlawyers.com/bill-c-3-canadian-citizenship-by-descent-update/
This a law firm near me posted this and they have a video on it

Haven't watched the video but yes, we all get the point.

I believe the distinction @hawk39 was getting at between your case described here:

I was born in 2003 outside of canada my father passed away and wasn't a citzen but grandmother became canadain citzen before I was born does that mean I can apply for citizenship according to this new law ?

...and a case with the so-called 'grandfathering' under C-3 where someone claims citizenship based on an ancestor's citizenship.

I think there is a misunderstanding about someone 'getting' citizenship.

Specifically your case: you did not specify how your grandmother became a citizen - I presume you mean that she was naturalized. If so, your father was not a citizen (at any point) and you cannot receive citizenship on that basis - as noted, at each step the lineal link above must have a 'citizen' as the parent at birth. (I wrote 'citizen' here to emphasize that this does NOT mean that the person had to have citizenship documentation at that time - if they had a valid claim to citizenship, that seems to be [is] the basis for concluding they were citizens.) *There are some caveats in there about no renunciation of citizenship and the like.

If on the other hand you mean that your grandmother was born a citizen (but only 'got' the citizenship documents after your father was born eg via citizenship by descent), that's a different case.

In normal parlance we may refer to the first case above as your grandmother 'getting' citizenship, but if that was her claim, she was a citizen and only got the certificate.

So: how did your grandmother 'get' citizenship? Naturalization? Some other way? How?

 

[multizig]

Haven't watched the video but yes, we all get the point.

I believe the distinction @hawk39 was getting at between your case described here:

...and a case with the so-called 'grandfathering' under C-3 where someone claims citizenship based on an ancestor's citizenship.

I think there is a misunderstanding about someone 'getting' citizenship.

Specifically your case: you did not specify how your grandmother became a citizen - I presume you mean that she was naturalized. If so, your father was not a citizen (at any point) and you cannot receive citizenship on that basis - as noted, at each step the lineal link above must have a 'citizen' as the parent at birth. (I wrote 'citizen' here to emphasize that this does NOT mean that the person had to have citizenship documentation at that time - if they had a valid claim to citizenship, that seems to be [is] the basis for concluding they were citizens.) *There are some caveats in there about no renunciation of citizenship and the like.

If on the other hand you mean that your grandmother was born a citizen (but only 'got' the citizenship documents after your father was born eg via citizenship by descent), that's a different case.

In normal parlance we may refer to the first case above as your grandmother 'getting' citizenship, but if that was her claim, she was a citizen and only got the certificate.

So: how did your grandmother 'get' citizenship? Naturalization? Some other way? How?

The law you are applying to me is the law for people with same situation as mine but born after this law Act came in. With this new law the goverment couldn't implement 2 different laws for 2 canadain classes one for (born) and (naturalized) as this will create two types of citzenship class and it will be unjust to one

 

[armoured]

The law you are applying to me is the law for people with same situation as mine but born after this law Act came in. With this new law the goverment couldn't implement 2 different laws for 2 canadain classes one for (born) and (naturalized) as this will create two types of citzenship class and it will be unjust to one

I think you are missing the point. iIn your case (and all cases now in past*, if I understand correctly), someone who is a citizen when they have a child can pass on citizenship (i.e. if your grandmother was a citizen when your father was born) - and this is regardless of whether they became a citizen by being born in Canada, received it by descent, or were naturalized.

If your grandmother was not at a citizen when your father was born, he was not eligible to receive it by descent. (And hence you would not be, either).

So again: how did your grandmother become a citizen?

*This leaves out how citizenship by descent is treated in future based on the as-amended citizenship act, which in my view is still discriminatory, but is irrelevant to your case, as you were born prior to the act being amended.

So again: how did your grandmother become a citizen?

(If you had some other point, I did not understand it)