Bill S-245 and related federal amendments are designed to restore citizenship rights to “Lost Canadians,” particularly those affected by the 2009 second-generation cut-off. To benefit from these pending changes, affected families must gather historical records proving the Canadian parent accumulated at least 1,095 days of physical presence in Canada before the child’s birth.
The term “Lost Canadians” refers to individuals who believed they were Canadian citizens, or should have been, but lost or were denied their status due to obscure and changing citizenship laws. A massive group of Lost Canadians was created by the 2009 amendments to the Citizenship Act, which stripped the ability of Canadians born abroad to pass citizenship to their children born outside the country.
Advocacy for these individuals culminated in legislative pushes like Bill S-245 and pending changes to “Lost Canadians” citizenship rules moving into 2026. The core of these new rules replaces the rigid “first-generation limit” with a “substantial connection test.” If your Canadian parent was born abroad but lived in a Canadian city like Ottawa, Montreal, or Halifax for a significant portion of their life, the new legislation generally allows you to rightfully claim your Canadian citizenship. Preparing your evidence now is the most important step you can take.
Step-by-Step Process for ‘Lost Canadians’
Proving you belong to a category of Lost Canadians requires a deep dive into your family history. Immigration, Refugees and Citizenship Canada (IRCC) operates on hard documentary evidence, not family lore. Here is how you should prepare your case.
Step 1: Identify Your “Lost” Category
You must pinpoint exactly why you were excluded from citizenship. Were you born abroad to a first-generation born-abroad parent after 2009? Or were you affected by older pre-1947 laws regarding children born out of wedlock? Understanding the specific legislative gap that excluded you will determine which sections of the new amendments apply to your application.
Step 2: Compile Proof of Parental Physical Presence
The new legislative framework generally requires the Canadian parent to have accrued 1,095 days (3 years) of physical presence in Canada before the child was born. Start collecting your parent’s historical documents immediately. This includes Canadian high school or university transcripts, T4 tax slips from the Canada Revenue Agency (CRA), old rental agreements, or employment records showing they lived and worked in Canada.
Step 3: Legalise and Translate Foreign Documents
Because you were born abroad, your birth certificate is issued by a foreign government. IRCC requires that all foreign documents be accompanied by an official translation into English or French. Furthermore, ensure that the names on your foreign birth certificate match exactly with your Canadian parent’s identification. Discrepancies in naming conventions will delay your file.
Step 4: File the Urgent Application
Once the pending legislation officially comes into force, IRCC will update its forms. You must submit the specific “Application for a Citizenship Certificate” aimed at those claiming descent under the new rules. If you are facing imminent deportation or urgent need of medical care in Canada, your lawyer can sometimes request urgent processing from IRCC.
Lost Canadian Categories and Legislative Fixes
| Category of Lost Canadian | Reason for Loss of Citizenship | Fix Under New Amendments |
|---|---|---|
| Pre-1947 Wedlock Rules | Born abroad out of wedlock to a Canadian father. | Retroactive citizenship granted to rectify historical discrimination. |
| Age 28 Rule (Pre-2009) | Failed to register citizenship before turning 28. | Prior fixes restored status, but new laws clarify descent rights. |
| Post-2009 Second Generation | First-generation limit cut off descent rights. | Citizenship restored via the 1,095-day Substantial Connection test. |
How Much Does it Cost in Canada?
While recovering your rightful citizenship is priceless, the administrative process does carry mandatory fees.
- Proof of Citizenship Application: The standard IRCC processing fee is $75 CAD.
- Archival Retrieval Fees: Accessing old school boards or provincial archives for transcripts may cost $20 to $50 CAD per request.
- Notary Public Fees: Swearing affidavits or certifying true copies of documents typically costs $40 to $80 CAD.
- Legal Representation: Hiring a Canadian immigration lawyer to navigate complex Lost Canadian laws generally costs between $2,000 and $4,500 CAD depending on the historical research required.
How Long Does the Process Take?
Patience is mandatory when dealing with historical citizenship claims. Once the legislation is fully implemented and you submit your application, IRCC processing times for complex lineage files generally range from 10 to 15 months. If your file requires historical searches of pre-1947 archives by IRCC officials, the process can easily stretch beyond 18 months. Tracking your application online is highly recommended to respond to any IRCC document requests promptly.
Frequently Asked Questions (FAQ)
Does my parent’s time in Canada as a tourist count toward the 1,095 days?
Generally, yes. The substantial connection test focuses on actual physical presence (days spent inside Canada’s borders), regardless of whether the person was there as a citizen, a permanent resident, or even on a temporary visa, as long as they legally became a citizen eventually.
Can I pass citizenship to my own children now?
If you are granted citizenship under the new rules, you will be recognised as a Canadian citizen. However, to pass citizenship to your future children born abroad, you must also individually meet the 1,095-day physical presence requirement in Canada before their birth.
Will IRCC compensate me for the years I was denied citizenship?
No. The Canadian government does not provide financial compensation or backpay for social services to individuals who were historically denied citizenship due to the previous legislation.
Do I need to take a citizenship test?
No. If you are claiming citizenship by descent (meaning you were legally a citizen from birth under the revised laws), you are not applying for naturalisation. Therefore, you do not need to take the Canadian citizenship knowledge test or attend an oath ceremony.
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