Canadian citizenship by descent offers a direct path to becoming a Canadian citizen for individuals born outside of Canada to at least one Canadian parent. This legal process allows a foreign national to acquire citizenship based on familial ties. Canada is one of the most desirable countries with its abundance of natural resources, economic prosperity, and urban innovation.
Many foreigners looking to reconnect to their lineage can claim citizenship because they were born to a Canadian parent. This guide provides a comprehensive overview of the eligibility criteria for citizenship by descent, required documents, benefits, and a step-by-step application process.
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What is Canadian citizenship by descent?
Citizenship through descent, also known as citizenship by ancestry, is a legal process of acquiring citizenship by which a person born outside of Canada can become a Canadian citizen because at least one birth parent was a Canadian citizen at the time of their birth.
You can apply for Canadian citizenship by descent if you provide sufficient evidence about your biological or legal parents, such as your parent’s birth certificates and personal birth certificate.
Key factors to consider:
- First generation limit and changes: Not all children are eligible. Canadian citizenship can only be passed down to the first generation of children born outside of Canada. As of 2024, the Citizenship Act is working to restore citizenship by descent to second and subsequent generations.
- Exception to the limit: If Canadian parents or grandparents served as Crown servants outside Canada at the time of the child’s birth, that child could still claim citizenship by descent. Crown servants are people hired by the Canadian armed forces, the federal government, or individuals in public service of a province or territory.
- Certificate of citizenship: To provide proof of ancestry, you must apply for a citizenship certificate and provide a substantial connection to a Canadian parent.
- Dual citizenship: If you are a citizen of another country and become a Canadian national by descent, you can be considered a dual citizen.
- Lost Canadians: Rules about citizenship, especially around descent, have changed over time to accommodate people who lost or never gained citizenship because of outdated Canada’s Citizenship Act provisions.
Benefits of Canadian Citizenship by Descent
Canadian citizenship by descent refers to the situation where an individual born outside of Canada can acquire Canadian citizenship because one or both of their parents are Canadian citizens. There are plenty of direct benefits for those who are eligible to obtain citizenship, including:
- Access to a Canadian passport: The Canadian passport ranks 14th on the Global Citizen Solutions Passport Index, making it a valuable travel document with extensive visa-free or visa-on-arrival access.
- The right to live in Canada: Canadian citizens and their family members have the right to permanent residence and the ability to work and study in Canada without the need for additional documents for immigration.
- Healthcare benefits: Canadian citizens are eligible for Canada’s publicly funded healthcare system. This ensures access to medical services without significant out-of-pocket expenses.
- Education opportunities: Canadian citizens often have access to educational benefits, including lower tuition fees at Canadian institutions than international students.
- Social services: Canadian citizens are eligible for various social services and benefits that the government of Canada provides.
- Right to vote: Canadian citizens have the right to participate in federal, provincial, and municipal elections, which allows them to influence the country’s political landscape.
- Citizenship for future generations: Canadian citizenship obtained through descent can be passed on to future generations born outside Canada under certain conditions.
- Protection and assistance abroad: Canadian citizens can seek help from Canadian consulates or embassies abroad. They are entitled to consular services and protection by the government of Canada.
- Employment opportunities: Canadian citizens and family members may have more employment opportunities in Canada.
Eligibility Criteria for Canadian Citizenship by Descent
Wondering how to get Canadian citizenship by descent? In Canada, citizenship by descent means that one is entitled to obtain citizenship if one was not granted it at birth.
If you don’t have a Canadian citizenship, you must apply for a citizenship grant. A citizenship grant is when you apply to become a citizen as a permanent resident.
You are eligible to apply for Canadian citizenship by descent if you meet any one of the following requirements:
- You were born outside of Canada to a Canadian citizen parent who was a citizen at the time of your birth.
- Your child was born outside of Canada, and you or the child’s other parent was a Canadian citizen when the child was born.
- If you were born outside of Canada, and one of your grandparents was a Canadian citizen when you were born, you might be a Canadian Citizen. With a Canadian-born grandparent, you may qualify under the Canadian citizenship by descent grandparent rule.
- If you were born in Canada and want to obtain proof of your Canadian citizenship.
Those who already have citizenship but want the government to issue a certificate can apply for a proof of certificate. The Citizenship certificate application is for when you are already a citizen but want evidence of citizenship, for example, if you lost your birth certificate or were born abroad to Canadian parents.
You can apply for proof of citizenship if you fit into one of the following categories:
- You were born in Canada.
- Your situation came under the 2009 or 2015 changes to the Citizenship Act.
- You became a naturalized citizen.
- Your parent applied for Canadian citizenship for you as a minor and was approved.
- You were born outside Canada, but at least one of your parents was either born in Canada or became a naturalized citizen when you were born.
The entire process is usually done through Immigration, Refugees and Citizenship Canada.
Citizenship-by-birth
Canada follows a jus soli principle of citizenship, otherwise known as Canadian birthright citizenship, meaning that anyone born on Canadian soil is entitled to Canadian citizenship.
To obtain citizenship by birth, individuals should meet the following requirements:
- Be born on Canadian territory.
- Not have parents who are foreign diplomats or other individuals who are exempt from this principle.
If you don’t meet the above criteria, Canada citizenship by Investment may be another option. You can obtain Canadian citizenship through business immigration pathways like the Canada Startup Visa. It provides a path to permanent residency in exchange for setting up and managing a business in Canada.
Canada Citizenship by Descent for Adopted Children
Children adopted by a Canadian citizen don’t get automatic citizenship. All foreign nationals must first gain permanent residency before they receive Canadian citizenship.
Here are the requirements for adopted children:
- At least one parent is a Canadian citizen by birth in Canada or through a naturalization process at the time of adoption.
- The parent submits a citizenship grant application with the additional documents and fees.
- Meets the criteria of the Citizenship Act.
Canadian Citizenship by Descent Application
You can apply for Canadian citizenship by descent online on the official Canadian immigration department website. From there, you can manage your application, upload additional supporting documentation, pay fees, and check the processing times.
You can also apply using the CIT 0001 form (Application for a Citizenship Certificate). Fill out the required sections with your information, pay the fee, and send in your supporting documents.
Document Requirements for Canadian Citizenship by Descent
Before submitting your Canadian citizenship by descent application, ensure you have all the necessary documents.
The documents required for citizenship by descent often include the following:
- A complete application form
- Two color passport-sized photos (not older than 6 months)
- Proof of parental Canadian Citizenship (Citizenship certificate or birth certificate)
- Proof of applicant’s relationship to a Canadian citizen (Adoption papers or birth certificate)
- In certain circumstances you may need to provide evidence of continuous citizenship. This is to prove the Canadian parent has not lost citizenship. Proof is generally in the form of a citizenship certificate, passport, or birth certificate.
- A valid passport as proof of identity.
After gathering the documents, add them to your application package, submit them online or in person at a Canadian embassy or government office, and wait for processing.
Obtaining Canadian citizenship by descent has stringent rules and regulations. If you are not sure how to navigate the application process, a Canadian immigration lawyer can help. They can check the required documents, ensure you provide the necessary information, and reduce the risk of refusals or delays.
Canada Citizenship by Descent Processing Time
Processing time for a Canadian citizenship varies based on the services, but the whole process usually takes eight months or more. You can apply for urgent processing if you want a faster response time. However, each application varies in complexity and takes a long time, especially when adopting foreign nationals.
Canadian citizenship processing time | |
Citizenship certificate (proof of citizenship) | 3 months |
Citizenship grant | 8 months |
Renunciation of citizenship | 8 months |
Search of citizenship records | 15 months |
Citizenship for adopted persons | 7 months to 2 years or over |
Changes to Citizenship by Descent in Canada
2009 Changes to Canadian Citizenship
In 2009, Canada introduced significant changes to its citizenship laws. These changes restored Canadian citizenship to individuals who had lost it due to outdated laws, including:
- Those who became Canadian citizens on 1 January 1947, but later lost their status.
- Individuals born or naturalized in Canada on or after 1 January 1947, who had lost citizenship due to past legal provisions.
- Those born abroad to a Canadian parent in the first generation on or after 1 January 1947, who lost or never had citizenship under previous laws.
The 2009 law changes also limited citizenship by descent to the first generation, including:
- Children born outside Canada after 17 April 2009 can only inherit Canadian citizenship if at least one parent was born in Canada or naturalized as a Canadian citizen.
- Second or subsequent generations born abroad no longer automatically receive Canadian citizenship.
- Exceptions apply for children born to parents working for the government of Canada, Canadian armed forces, or other recognized public service roles abroad.
If you did not fit these changes, you could still get Canadian nationality through the following routes.
- Apply for and get permanent resident status.
- Submit an application for a grant of citizenship under section 5 of the Canadian Citizenship Act.
2015 Changes to Canadian Citizenship
In 2015, additional groups of people became eligible for Canadian citizenship. These changes primarily affected individuals who had previously been excluded under older laws. The new provisions granted citizenship to those who:
- Were born outside Canada after the first generation but became eligible due to one of the exceptions to the first-generation limit (e.g., children of Canadian government employees serving abroad).
- Were born or naturalized in Canada before 1 January 1947, but lost British subject status and did not automatically become Canadian citizens on that date.
- Were born outside Canada before 1 January 1947, to a parent who was born in Canada but did not acquire citizenship at the time.
- Were foreign-born and adopted before 1 January 1947, with at least one adoptive parent who became a Canadian citizen on that date and was eligible to pass on citizenship by descent.
- Had the same circumstances as above but were in Newfoundland and Labrador, where the relevant date for these changes was 1 April 1949 (when Newfoundland and Labrador joined Canada).
These amendments helped address gaps in citizenship laws, ensuring that more individuals with strong ties to Canada could rightfully be granted Canadian citizenship.
2024 Changes to Canadian Citizenship
Canadian citizenship follows the jus sanguinis principle, which means citizenship is passed down from a Canadian parent. Recent changes are designed to address this principle and expand Canadian citizenship by descent to the second generation:
- In December 2023, the Ontario Superior Court of Justice declared that this first-generation rule was unconstitutional, and the government is introducing amendments to rectify it.
- As of 2024, the goal is to expand citizenship by descent to include children of second and subsequent generations. This means that children born abroad to Canadian parents, even if those parents were also born in a foreign country, could qualify for Canadian citizenship.
- The government plans to implement rules for second-generation citizenship. The new conditions may require the Canadian parent to have lived in Canada for a set time (such as 1,095 days or three years) before their child is born.
- Latest update: The government has set a new deadline for amending the second-generation principle—25 April 2025. The process is taking longer than previously expected.
How Can Global Citizen Solutions Help You?
Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments.
We guide you from start to finish, taking you beyond your citizenship or residency by investment application.
Frequently Asked Questions About Canadian Citizenship by Descent
How to get Canadian citizenship by descent?
You can apply for citizenship by descent if you have original or certified documents proving your lineage, such as parent’s birth certificates, marriage certificates, death certificates, or other records. The “first-generation limit” made citizenship available only to a child born outside Canada to a Canadian citizen parent. However, this limit was recently declared unconstitutional, so the federal government plans to implement changes.
How do I obtain Canadian citizenship?
There are several ways to obtain Canadian citizenship, including through naturalization, birth or descent, or startup visa programs. Foreign nationals can become citizens if at least one parent became a Canadian citizen through a naturalization process before the child’s birth.
What is the 28 year rule in Canada?
The 28-year rule in Canada refers to a provision in the Citizenship Act that applies to individuals who were born outside Canada to a Canadian parent. Before 2009, under the previous rules, individuals born abroad to a Canadian parent could lose their Canadian citizenship if they did not apply for and retain Canadian citizenship before the age of 28.
Who qualifies for Canadian citizenship by descent?
Children born to Canadian parents can qualify for citizenship by descent, regardless of their place of birth. This legal process is only available to those born outside of Canada with at least one parent who is a Canadian citizen.
Does Canada allow dual citizenship?
Yes. Canadian citizens are eligible to take on a second or even third citizenship while keeping their Canadian citizenship. This means that when applying for citizenship by descent, you don’t need to worry about whether you’ll need to lose your current citizenship. However, you should check with your current nationality to see if you can take on a second citizenship without renouncing your first one.
My grandfather was born in Canada can I get dual citizenship?
It is possible, but only if you can prove your parents’ status at the time of your birth. Since you can’t inherit Canadian citizenship directly from a grandparent, check to see if your parent was a Canadian citizen when you were born. A child born outside Canada to Canadian citizen is eligible for citizenship by descent.
Does Canada have birthright citizenship?
Wondering, “If you are born in Canada, are you a citizen?” Canada follows the “right of soil,” which means that people born on Canada’s territory to Canadian parents gain automatic citizenship. People born to foreign diplomats are exempt from this rule.
How to apply for a Canadian passport?
To apply for a Canadian passport, you must be a Canadian citizen. You need to fill out an application form, provide an original Canadian citizenship certificate, and pay the fee. You must bring proof of citizenship and proof of residence, along with other supporting documents. You can apply in person at a passport office or by mail.
Can I travel internationally with a Canadian citizenship certificate?
No. A Canadian citizenship certificate is not a travel or identity document. To travel internationally, you need a passport. You need your original Canadian citizenship certificate to apply for a Canadian passport. The Canadian passport is highly powerful, giving you access to many visa-free or visa-on-arrival countries.
Can I get Canadian citizenship if my great grandparents were Canadian?
No. Currently, under the new changes, you may be eligible for Canadian citizenship by descent if at least one of your parents (not grandparents or great-grandparents) was a Canadian citizen at the time of your birth. A Canadian immigration lawyer can help you navigate the immigration process.
Can you obtain Canadian citizenship by descent if born before 2009?
Yes, if you were born outside Canada to a Canadian parent before 2009, you likely automatically acquired Canadian citizenship by descent. However, if you were affected by past provisions, you may need to apply for a Citizenship Certificate to confirm or reclaim your citizenship.
What documents are needed to apply for Canadian citizenship by descent?
For a Canadian citizenship by descent application, you will need the following documents:
- Application form
- Two recent passport-sized photos
- Proof of parental Canadian citizenship (e.g., citizenship or birth certificate)
- Proof of relationship to a Canadian citizen (e.g., birth or adoption certificate)
- Evidence of continuous citizenship (if required)
- Valid passport as proof of identity