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Recent changes to Canada’s citizenship by descent rules have expanded who may be considered a Canadian citizen. As a result, many individuals who previously believed that they were foreign nationals with no Canadian status may now fall within the definition of a Canadian citizen.
Changes to Canadian citizenship law
The new law broadens access to citizenship for people born abroad to Canadian parents or grandparents. Some additional requirements need to be met for individuals born on or after December 15, 2025, the legislative changes were implemented. As a result, some individuals may now be citizens automatically
These changes to the Citizenship Act have created a very practical issue: how do Canadians enter Canada without a Canadian passport? Canadian citizens cannot travel to Canada using an electronic Travel Authorization (“eTA”) or a visitor visa, even if they have never held a Canadian passport. Understanding how citizenship status affects travel is essential, particularly for those who may have become citizens under the new law without realizing it.
What does this mean for travel?
Canadian citizens must use a Canadian passport to board a flight to Canada. Although it is not mandatory for dual Canadian-U.S. citizens, it is highly recommend that these individuals also carry a Canadian passport. Normally, foreign nationals other than U.S. citizens or Green Card holders require an Electronic Travel Authorization (eTA) or visitor visa to board an airplane to travel to Canada.
This change in the law can lead to complications for travel, particularly those who have an urgent need to fly to Canada. Canadian citizens who hold another passport may not apply for an eTA or visitor visa. These rules apply even if the individual has never lived in Canada, has never held Canadian documents or have only now become recognized as citizens due to the recent legislative changes.
What do I do if I believe that I am a Canadian citizen and need to travel to Canada?
If you believe you may be a citizen, the first step is to apply for a citizenship certificate to prove that you are in fact a citizen. This is the only official confirmation of status for a citizen who was born outside of Canada. Once obtained, you can apply for a Canadian passport if you generally meet passport requirements.
As indicated above, Canadian citizens, including dual citizens, require a Canadian passport to board a flight to Canada (with the exception of US passport holders). In exceptional circumstances, some Canadian citizens can apply for special authorization to board their flight, however, this is limited to dual nationals of visa exempt countries (excluding the U.S.) who have previously had a Canadian citizenship certificate or passport. This is, therefore, not an option for individuals who have just discovered that their lineage may make them citizens. Canadian citizens may use their Citizenship Certificate to prove their citizenship at the land border.
What should I do next?
It is critical to apply for a citizenship certificate to confirm Canadian citizenship. Given that the processing time is currently an average of 10 months (subject to change), it is crucial for this step to be taken so that there is ample time to go through the process and then subsequently obtain a Canadian passport for travel. Note that if there are exceptional circumstances, including needing to start a job or studies in Canada, a request can be made to issue the certificate on an expedited basis.
Green and Spiegel LLP regularly assists individuals navigating the implications of the new citizenship by descent rules. Our team advises on:
- Assessing whether an individual may be a Canadian citizen
- Preparing Citizenship certificate application
- Addressing travel complications arising from citizenship status
We would be pleased to review your circumstances and advise on the appropriate next steps. If you would like to assess whether you may be a Canadian citizen under the amended citizenship by descent provisions, or if you have questions about how your status affects travel to Canada, please contact us.
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.
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