Justice for the “Lost Generations” and the End of the First-Generation Limit

Did you know that your Canadian roots could grant you citizenship as early as today?

With the implementation of the new legislation in 2026, thousands of people in the United States who were previously excluded are now eligible to claim their status. If you have parents born in Canada, or parents who regained their citizenship under this new rule, Canada’s doors may be open to you.

Under this new framework, birthright is restored for those who can demonstrate a substantial connection to Canada, removing the unfair generational barrier that affected so many cross-border families.

However, the landscape has changed drastically. Following the Ontario Superior Court of Justice ruling in Bjorkquist et al. v. Attorney General of Canada and the subsequent implementation of Bill C-3 (which succeeded Bill C-71), Canada has restored the value of heritage and genuine ties to the nation.

As of December 15, 2025, the rules of the game have changed under the Citizenship Act. Below, we break down what this means for you and your family.

The end of the First-Generation Limit (FGL) or “second generation cut-off”

Under the previous rules, citizenship could only be passed down to one generation born abroad. Bill C-3 removes this punitive restriction, recognizing that being Canadian is not about geographical coordinates at birth, but about a substantial connection to the country.

“First Generation” refers to a person born abroad to a Canadian parent who:

• Was born in Canadian territory; or

• Naturalized as a Canadian (immigrated to Canada, obtained permanent residence, and then swore citizenship).

The new standard: “Substantial Connection”

To ensure citizenship is granted to those who maintain a genuine link to Canada, the new law introduces a residency requirement for foreign-born parents who wish to pass citizenship to their children (second generation or later):

• Requirement: The foreign-born Canadian parent must have accumulated at least 1,095 days (3 years) of cumulative physical presence in Canada before the child’s birth or adoption.

• Flexibility: These three years need not be consecutive, allowing periods of study, work, or prior residency to count toward this “substantial connection” threshold.

Retroactive impact: Who are the beneficiaries?

One of the most compassionate aspects of this reform is its reach into the past. Bill C-3 addresses the situation of the so-called “Lost Canadians”:

• Born before December 15, 2025: For those born before this date, the generational limit has been removed. If you have Canadian ancestors, you are already a Canadian citizen by law. You do not need to go through a traditional immigration process; you simply need to apply for your citizenship certificate and, subsequently, your passport. We are processing successful cases based even on great-great-grandparent lineage, confirming that your heritage is your passport to Canada.

• Restoration of rights: If you or your parent lost citizenship or were never able to claim it due to the 2009 rules, this is the legal moment to regularize your status.

How to proceed? The role of the Citizenship Certificate.

Unlike being born in Canadian territory, where the birth certificate is sufficient proof of status, citizens by descent need a Citizenship Certificate (Proof of Citizenship). This is the only definitive legal document confirming your status before the government.

The step-by-step process:

1. Determining the pathway: We identify whether your case qualifies as automatic citizenship by Canadian heritage (for all those born before December 15, 2025 with any ancestor in their lineage) or through demonstrating substantial connection (for those born after that date).
2. Gathering physical presence evidence: If you are the foreign-born parent wishing to transmit citizenship, we must prove your 1,095 days in Canada. This is done through:
   • Employment records and T4 forms (tax returns)
   • Academic transcripts from Canadian institutions
   • Entry and exit records (CBSA report)
   • Lease or property ownership agreements
3. The application (Form CIT 0001): We file the formal application with IRCC. This process is done in paper format, allowing us to attach the detailed legal narrative and the necessary lineage evidence to ensure recognition of your citizenship.
4. Issuance of the e-Certificate or Physical Certificate: Once approved, IRCC issues the certificate. With this document, you can finally apply for your Canadian passport.

Legal note: Do not assume the change is automatic in your personal file with the government. It is imperative to apply for a Citizenship Certificate to formalize your status before applying for a Canadian passport or attempting to enter the country under your new status.

Why consult with an immigration lawyer?

Although IRCC allows individual applications, the new law introduces nuances that can lead to rejection if not handled with technical precision:

• Calculation of the 1,095 days: Not all days count equally. Time spent as a temporary resident (student or worker) may be calculated differently. An error of even one day can invalidate the entire application.

• Complexity in the chain of descent: If the Canadian ancestor was born before 1947 or there are international adoption situations, the law becomes a maze of dates and operational policies. We reconstruct your legal family tree.

• Translations and certifications: Foreign documents (birth certificates, marriage certificates) must meet strict standards for sworn translation and, in some cases, legalization.

• Representation before IRCC: As your legal firm, we act as the official point of contact, responding to any “Request for Evidence” that the immigration officer may issue.

At Giroux O’Connor Immigration Law, we analyze your family tree under the lens of the new legislation to ensure your Canadian legacy remains intact.

Do you believe you or your children qualify under Bill C-3?

Now is the time to act. The law is now retroactive, meaning it opens doors that have been closed for decades. You may qualify if you fall into any of these situations:

• Case A: You were born outside Canada, your parent was born in Canada, but you could never pass citizenship to your own children born abroad. Your children may now be citizens.

• Case B: You are a “Lost Canadian” or a descendant of one. Under the new law, anyone who can prove their link to a Canadian ancestor is already considered a citizen and qualifies to apply directly for the citizenship certificate.

• Case C: You lived in Canada during your university years or worked there for a period of 3 years and now live abroad with young children. You meet the substantial connection requirement.

Legal reflection: Bill C-3 is not an immigration benefit; it is the recognition that your connection to Canada is real and permanent.

Start your assessment today.

At Giroux O’Connor Immigration Law, we do not just fill out forms; we protect your family legacy. This legislative change is a unique opportunity to secure the future of the next generations of your family.

Would you like us to audit your years of physical presence in Canada to confirm whether you already meet the requirements of Bill C-3?

Disclaimer: This blog provides general information and does not constitute legal advice. For a specific analysis of your case, consult with a regulated professional.