A child born outside Canada on or after 15 December 2025 is a Canadian citizen by descent only if at least one Canadian parent can show a “substantial connection” to Canada, defined as 1,095 days of physical presence in Canada before the child’s birth. The test applies only where the Canadian parent was also born outside Canada and holds citizenship by descent or a similar route. If the Canadian parent was born in Canada or naturalized, nothing has changed: the child is a citizen at birth.
Key Takeaways
- The test is in s. 3(3) of the Citizenship Act, added by Bill C-3, in force since 15 December 2025.
- It applies to births outside Canada on or after that date where the Canadian parent was themselves born abroad.
- Only one Canadian parent needs to meet the 1,095 days. The days must be before the child’s birth.
- Children of parents or grandparents serving abroad with the Canadian Armed Forces or the federal or provincial public service are excepted.
- For adoptions abroad on or after 15 December 2025, the direct grant route applies a parallel 1,095-day test measured before the adoption.
Who does the test apply to?
The starting rule has not changed. Under s. 3(1)(b), a person born outside Canada is a citizen if, at the time of birth, one of their biological parents was a citizen.
What Bill C-3 added is s. 3(3), which switches that rule off for a person born outside Canada on or after the day the 2025 amending Act came into force, where:
- the Canadian parent (or each Canadian parent) was born outside Canada and is a citizen under one of the listed descent or restoration paragraphs, for example s. 3(1)(b) itself, the adoption grant, or the historical “Lost Canadians” categories; and
- neither Canadian parent was physically present in Canada for at least 1,095 days before the child’s birth.
Put simply, the test bites only in the second generation born abroad and later. A parent who was born in Canada, or who became a citizen by naturalization, passes citizenship to a child born abroad without any day count.
How are the 1,095 days counted?
The statutory wording is “physically present in Canada for at least 1,095 days before the person’s birth.” Three points follow from the text:
- Physical presence. The test counts days actually spent in Canada, not residence on paper, a Canadian address, or years of holding citizenship.
- Before the birth. Days after the child is born do not count toward that child, although they will count for any later children.
- Either parent. Where both parents are citizens, the requirement is met if either one has 1,095 days.
Unlike the naturalization test in s. 5(1)(c), which looks at 1,095 days within the five years before the application, s. 3(3) as written does not confine the days to a fixed window. Confirm IRCC’s current guidance on how days are calculated and evidenced before relying on older periods of presence, such as childhood years or time as a student.
For how physical presence works in the naturalization context, see our comparison of citizenship physical presence and the PR residency obligation.
Is there an exception?
Yes. Section 3(5) provides that the test does not apply to a person born to a parent who, at the time of the birth, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration, or the public service of a province, otherwise than as a locally engaged person. The exception also extends one generation further: it covers a child whose Canadian parent was born, or adopted, while that parent’s own parent was employed abroad in the same way.
What about adopted children?
Adopted children do not acquire citizenship at birth under s. 3(1)(b); they apply for a grant under s. 5.1. According to the 2026 LPEN summary of the new rules, a person born and adopted outside Canada in the second generation or later on or after 15 December 2025 is likely eligible for the direct grant if the Canadian adoptive parent spent at least 1,095 days in Canada before the adoption. The usual adoption requirements still apply, including that the adoption was in the child’s best interests, created a genuine parent-child relationship, and was not entered into primarily to obtain an immigration or citizenship benefit.
Planning before the birth
Because the test looks backwards from the date of birth, the most useful work happens before the child is born:
- Count now. Rebuild the Canadian parent’s history of time in Canada, year by year.
- Gather evidence. Passport stamps, travel records, school transcripts, employment and tax records, leases, and health insurance records can all support physical presence. A Canada Border Services Agency travel history request can fill gaps.
- Check both parents. If both parents hold Canadian citizenship, assess each one.
- Understand the fallback. A child born in Canada is a citizen under s. 3(1)(a) regardless of the parents’ history. A child born abroad who does not qualify by descent may still be able to immigrate, for example through family sponsorship, and naturalize later, but that is a slower and less certain path.
How do you prove the child’s citizenship?
Apply to IRCC for a citizenship certificate for the child. Where the Canadian parent was born abroad, expect to prove the parent’s own citizenship and the 1,095 days, or that the service-abroad exception applies. A certificate is required before the child can obtain a Canadian passport.
For children born before 15 December 2025, the rule is different and usually more generous. See our article on Bill C-3 and citizenship by descent.
FAQ
My child was born abroad in January 2026 and I was born abroad too. Is my child Canadian?
Your child is a citizen by descent if you, or the other parent if also Canadian, were physically present in Canada for at least 1,095 days before the birth, or if the service-abroad exception applies. If neither parent meets the test, the child is not a citizen under s. 3(1)(b).
Do the 1,095 days have to be consecutive?
The statutory text requires at least 1,095 days before the birth and does not say they must be consecutive. Confirm IRCC’s current counting guidance for your situation.
I was born in Canada but have lived abroad my whole life. Does the test apply to my child?
No. The test applies only where the Canadian parent was born outside Canada. A parent born in Canada passes citizenship to a child born abroad.
Does time in Canada as a child count?
The text counts physical presence before the birth without limiting it to adult years. Documentary proof of childhood presence is often the difficulty, so gather school and medical records early.
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Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on Canadian citizenship by descent and proof of citizenship. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.