Canada Citizenship By Descent: A New Era Of Eligibility

Canada has recently clarified its citizenship by descent laws, greatly increasing eligibility for applicants who have Canadian ancestors.

What Has Changed

As of December 15, 2025, Bill C-3 is in force, created to amend Canada's Citizenship Act and comply with a court ruling that previous citizenship by descent laws were too restrictive under Canada's constitutional laws. The law has created two pathways to address those concerns, depending on the date of the applicant's birth.

At this time, applications for a certificate of citizenship are taking one year to process, but this is subject to change. Volume is expected to increase dramatically, especially given Canada does not have a double taxation regime. 

Those born or adopted before December 15, 2025

Citizenship by descent is no longer limited to the first generation born or adopted abroad for these individuals. This means, if you have an ancestor who was a Canadian citizen, i.e., parent, grandparent, great-grandparent, great-great-grandparent and so forth, you may be eligible for Canadian citizenship. The applicant will need to prove the familial connection, such as through birth certificates. The individual is not required to have a substantial connection to Canada, and the qualifying ancestor can also have held dual or multiple citizenships. Spouses cannot be included but, if eligible, can be sponsored for Permanent Residence and eventual citizenship. Children and grandchildren can be included in the certificate of citizenship application if born before this date.

Those born or adopted after December 15, 2025

Canadian citizenship by descent will be limited to the first generation, i.e., a parent to a child, and the parent must prove a substantial connection to Canada. These individuals will need to prove that their parent spent a minimum of 1,095 days (approximately three years) physically present in Canada prior to the child's birth. The time spent does not need to be consecutive nor does it need to be the three years immediately prior to birth. The application will require proof of this substantial connection, such as educational records, proof of employment, and travel records.

Recommendations

For individuals who may be eligible, we recommend applying as soon as possible, particularly as citizenship requirements are always subject to change.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.