Second generation born abroad — s 3(3) bar
Overview
Section 3(3) of the Citizenship Act — the second-generation born-abroad bar — prevents the automatic transmission of Canadian citizenship to a person who is born outside Canada to a parent who was also born outside Canada and holds citizenship only by descent. In plain terms: citizenship passes automatically through one generation born abroad, but not through two. A grandchild of a Canadian who was born outside Canada is not automatically a citizen unless at least one of their parents was born in Canada or was a naturalised (granted) citizen.
The bar was introduced by the Strengthening Canadian Citizenship Act, SC 2014, c 22, with the relevant amendments taking effect April 17, 2009. This reversed a long-standing practice where citizenship could be passed down indefinitely through generations of Canadians living abroad.
Legal basis
- Citizenship Act s 3(3) — born outside Canada does not apply to a person whose parent, through whom citizenship is claimed, is a citizen under s 3(1)(b) (i.e., was also born outside Canada and themselves only a citizen by descent)
- Citizenship Act s 3(1)(f) — grandfathering: preserves citizenship for persons who acquired it by descent before the amendments took effect on April 17, 2009
How it works
Who is affected by the s 3(3) bar?
The bar applies to persons who:
- Were born outside Canada, and
- Both parents are citizens only by descent (i.e., both were themselves born outside Canada to a citizen parent)
Example: Grandparent is Canadian by birth (born in Canada). Their child (Parent) was born abroad and is Canadian by descent (first generation). Parent's child (grandchild) is also born abroad — the grandchild is barred: the grandchild's only Canadian parent is a citizen by descent (s 3(1)(b)), so the grandchild does not get automatic citizenship.
The grandfathering exception
Persons who were Canadian citizens by descent before April 17, 2009 are grandfathered under s 3(1)(f). The bar does not apply retroactively. If a person was born before April 17, 2009 and was a citizen at that time, they remain a citizen.
The complex scenario is for persons born between the date their parent moved abroad and April 17, 2009 — IRCC's operational guidance and the case law on this transitional period should be consulted for specific situations.
Pathway to citizenship for barred persons
A second-generation born-abroad person who is barred from automatic citizenship under s 3(3) can still become Canadian by:
- Obtaining permanent resident status in Canada (through any immigration pathway)
- Meeting the physical presence requirement (1,095 days in 5 years)
- Meeting the language and knowledge requirements
- Applying for a grant of citizenship under s 5
Identity documentation for persons who may be affected
A person who was born abroad and believes they are Canadian by descent should apply for a Citizenship Certificate or a Canadian passport to confirm their status. IRCC will assess whether the s 3(3) bar applies based on the parent's own citizenship status at the time of the person's birth.