Canadian citizenship

Bill C-3, An Act to amend the Citizenship Act (2025) (S.C. 2025, c. 5), took effect on December 15, 2025 and removed the first-generation limit for people born before that date. IRCC states that in most cases a person born outside Canada before December 15, 2025 to a Canadian parent is automatically a citizen (including the second generation and later born abroad), that people who already were citizens are unaffected, and that anyone who thinks they became a citizen because of Bill C-3 must apply for a citizenship certificate (proof of citizenship) to confirm. Applications under the earlier interim measure are processed under the new rules without a new application. People who do not want citizenship may apply to renounce. Adoptees born and adopted abroad in the second generation or later may be eligible for a direct grant (s. 5.1).

For a person born outside Canada on or after the day An Act to amend the Citizenship Act (2025) came into force (December 15, 2025), citizenship by descent under s. 3(1)(b) does not apply if the only citizen parent (or each citizen parent) was born outside Canada and is a citizen by descent or on another listed basis, including a s. 5.1 grant of citizenship to a person adopted from outside Canada (s. 3(1)(c.1)), and neither citizen parent was physically present in Canada for at least 1,095 days before the person's birth (Citizenship Act 3(3)). IRCC applies the same 1,095-day test before an adoption for children adopted abroad. Exception: the limit does not apply if, at the time of birth, the parent (or that parent's parent/adoptive parent at the parent's birth/adoption) was employed outside Canada with the Canadian Armed Forces, federal public administration or a provincial public service, other than as a locally engaged person (3(5)). A parent who was born in Canada or naturalized (granted citizenship under s. 5) is not caught by the limit.

The applicant must be a permanent resident who, subject to the regulations, has no unfulfilled conditions under IRPA relating to PR status (IRCC gives medical screening as an example), and must not be under a removal order or subject to a Governor in Council declaration under s. 20 (Citizenship Act 5(1)(c), (f)).

The applicant must have been physically present in Canada for at least 1,095 days during the five years immediately before the date of application (Citizenship Act 5(1)(c)(i)). Days as a PR employed outside Canada with the Canadian Armed Forces, federal public administration or a provincial public service (and days a spouse/partner/child resided with such a person, or with a citizen spouse so employed) count as days of physical presence (5(1.01)-(1.03)). IRCC: the 5-year eligibility period is counted back from the date the applicant signs the application, must include at least 730 days as a permanent resident, and does not include time in prison, on parole or on probation or time waiting for a decision on a refugee claim; IRCC encourages applying with more than 1,095 days.

Each day physically present in Canada as a temporary resident or protected person before becoming a permanent resident earns half a day of physical presence, up to a maximum of 365 days; each day after becoming PR counts as one day (Citizenship Act 5(1.001)). Only days within the 5-year eligibility period count. IRCC: temporary residents are visitors, students, workers and temporary resident permit holders with valid status; protected-person days count only from the approval of the refugee claim or PRRA until the day before PR; time waiting for a decision on a refugee claim, and time in prison, on parole or on probation, does not count.

The applicant must have met any applicable requirement under the Income Tax Act to file a return of income for three taxation years that are fully or partially within the five years immediately before the date of application (Citizenship Act 5(1)(c)(iii)).

Applicants who are 18 or older but under 55 on the date of application must have an adequate knowledge of English or French (Citizenship Act 5(1)(d)). IRCC requires speaking and listening at Canadian Language Benchmarks (CLB) / Niveaux de compétence linguistique canadiens (NCLC) level 4 or higher, shown with accepted proof. Adults aged 18 to 54 can ask for a waiver of the language requirement (the Minister may waive it on compassionate grounds, s. 5(3)(a)) or for an accommodation, such as for a disability.

Applicants 18 or older but under 55 at the date of application must demonstrate, in English or French, adequate knowledge of Canada and of the responsibilities and privileges of citizenship (Citizenship Act 5(1)(e)); IRCC requires those aged 18 to 54 on the day they sign the application to take the citizenship test. Applicants 18+ who are approved must take the oath at a ceremony. Adults aged 18 to 54 can request an accommodation for the test or a waiver of it (s. 5(3)(a)); all adults can request a waiver of the oath.

A person cannot be granted citizenship or take the oath: while on probation, on parole or serving a term of imprisonment in Canada, or serving a sentence outside Canada; while charged with, on trial for, or party to an appeal relating to an indictable offence (or a foreign offence that would be indictable; waivable on compassionate grounds); while under investigation/charged for war crimes offences, or at any time if convicted of an offence under ss. 4-7 of the Crimes Against Humanity and War Crimes Act (s. 22(1)(d)); if convicted of an indictable offence (or specified Citizenship Act offences) in the 4 years before applying or between application and oath (subject to the Criminal Records Act), or of a foreign offence that would be indictable in those periods regardless of pardon; if they misrepresented or withheld material circumstances (s. 22(1)(e.1)) or were prohibited for that reason in the 5 years before applying; if they ceased to be a citizen through revocation in the 10 years before applying; if they lack required authorization to return to Canada (IRPA 52(1)); and in listed serious cases (treason, terrorism with 5+ years, etc.) unless the Minister finds exceptional circumstances (Citizenship Act s. 22).

Judicial review of any matter under the Citizenship Act requires leave of the Federal Court (Citizenship Act 22.1(1)). The application for leave must be filed in the Registry of the Court and served on the other party within 30 days after the day the applicant is notified of or otherwise becomes aware of the matter; a judge may extend the time for special reasons; the leave application is decided without delay and in a summary way, and no appeal lies from the leave decision (22.1(2)). If leave is granted, the hearing is held no later than 90 days after leave is granted and, unless the parties agree otherwise, no earlier than 30 days after that day; an appeal to the Federal Court of Appeal is possible only if the judge certifies that a serious question of general importance is involved (22.2).