Canadian Citizenship by Descent and Future Changes – BC Immigration Law

Canadian citizenship is highly sought after worldwide, with hundreds of thousands of people becoming new Canadian citizens each year. However, some individuals may already be Canadian citizens without realizing it. This applies in cases of “citizenship by descent.“ Here are some key facts about citizenship by descent:

• Pending legal changes could expand eligibility for citizenship by descent.
• Why are these changes happening? In late 2023, the Ontario Superior Court of Justice ruled that the current “first-generation limit” on citizenship by descent is unconstitutional.
• Due to recent political changes, including a new Prime Minister and the suspension of Parliament, the court has postponed its ruling until April 25, 2025. This delay gives the government time to revise the law.
• Even if the government misses the April 25 deadline, the court could still eliminate the first-generation limit, expanding eligibility for Canadian citizenship.
• These changes may be especially relevant to U.S. citizens, given the strong family and migration ties between Canada and the United States.

What is “Citizenship by Descent”?

Citizenship by descent applies when a child is born outside Canada to a Canadian citizen parent. If at least one parent is a Canadian citizen at the time of birth, the child is automatically a Canadian citizen (with some restrictions, as explained below). In these cases, parents (or the child, if an adult) can apply for a Canadian Citizenship Certificate as proof of citizenship. This application is for proof only—it does not grant citizenship, since the child is already considered a citizen at birth.

Children Adopted by Canadian Citizens

A slightly different process applies to children born outside Canada who are adopted by Canadian citizen parents. If at least one adoptive parent was a Canadian citizen at the time of adoption, the child is eligible for a “direct grant of Canadian citizenship.” Unlike biological children, adopted children must apply for citizenship itself rather than just proof of it.

However, this process has an advantage: it allows the child to bypass the need for permanent resident status. If approved, the child becomes a Canadian citizen directly, instead of having to first obtain permanent residency before applying for citizenship.

What is the “First-Generation Limit” on Citizenship by Descent?

Currently, Canadian citizenship can only be passed down one generation to children born outside Canada. This means:

• A Canadian citizen born outside Canada can pass citizenship to their child, but that child cannot pass it to their own children if they are also born outside Canada.
• Only individuals who were born in Canada or became naturalized citizens can pass citizenship to future generations born abroad.
• The same restriction applies to Canadian citizens applying for a “direct grant of Canadian citizenship” for an adopted child born outside Canada.

What Are the Proposed Changes to Citizenship by Descent?

The final details of the law are not yet confirmed, but the proposed changes are expected to include:

• Eliminating the first-generation limit, allowing Canadian citizenship to be passed down indefinitely.
• Requiring Canadian citizen parents to have a “substantial connection” to Canada to pass citizenship to children born outside the country.
• Defining “substantial connection” as at least 1,095 days (three years) of physical presence in Canada before the child’s birth or adoption.
• Exempting Canadian citizen parents of children born before the law change from the substantial connection requirement. However, for children born after the change, parents must meet this requirement to pass down citizenship.

For expert guidance on applying for Canadian citizenship during this legal transition, it is highly recommended to consult an experienced immigration lawyer.

At YLaw, our top immigration lawyers have the knowledge and experience to help you navigate these changes with confidence. Contact us today!