Can a Grandparent Pass Canadian Citizenship to a Grandchild If the Parent Did Not Become a Canadian Citizen?

This is a very common question: Can I claim Canadian citizenship through my grandparent, even if my parent never became a Canadian citizen?

The short answer under current law is: No, in most cases, a grandparent cannot pass Canadian citizenship directly to a grandchild if the parent (their child) did not become a Canadian citizen.

However, recent legal changes and proposed updates—including the Bjorkquist decision and the introduction of Bill C-71—may open new doors for some families.

 

Understanding the “First-Generation Limit” Rule for Canadian Citizenship

Since changes to the Citizenship Act in 2009, Canadian citizenship by descent is generally limited to one generation born abroad. That means:

• If a Canadian citizen has a child abroad, that child can usually claim citizenship.
  
  
• But if that child (now the second generation) also has a child abroad, the grandchild is not automatically eligible for citizenship by descent.
  
  

For example:

• Grandparent = Canadian citizen
  
  
• Parent = Born abroad, never claimed or received Canadian citizenship
  
  
• Grandchild = Also born abroad
  
  

👉 Result under current rules: Grandchild is not eligible for automatic citizenship unless the parent became a Canadian citizen first.

 

The Rules Are Changing: The Bjorkquist Decision and Bill C-71

The Bjorkquist decision (2023) challenged the fairness of the first-generation limit and led to a government response. The Federal Court ruled that the limit may unfairly exclude individuals with real and meaningful ties to Canada.

As a result:

• The government is now granting discretionary citizenship in some cases under section 5(4) of the Citizenship Act.
  
  
• Bill C-71 has been introduced to formally expand access to citizenship for grandchildren in situations like yours—where the parent was eligible but never applied.
  
  

What this means for you:

 If your grandparent was a Canadian citizen at the time of your parent’s birth, and your parent could have claimed citizenship but didn’t, you may be eligible to apply under section 5(4) as a special case.

💡 Important: This is not automatic. You must apply and demonstrate:

• A direct connection to a Canadian citizen grandparent
  
  
• Why your parent did not obtain citizenship
  
  
• That you meet the moral and legal grounds for being granted citizenship.

 

Can I Apply Now or Should I Wait for Bill C-71 to Pass?

You can apply right now under section 5(4), if you would prefer a decision sooner rather than later, you can afford potentially wasted time and money, and you can prove strong ties to Canada. The application is discretionary but being granted more generously since the Bjorkquist ruling.

If Bill C-71 becomes law, it may simplify the process and even create a direct path for grandchildren, but it’s still in progress as of 2025. There's no guarantee how long it will take.

Steps You Can Take Now

1. Gather Documentation:

• Your grandparent’s proof of Canadian citizenship (birth certificate, citizenship certificate)

 

• Your parent’s birth certificate

 

• Your birth certificate

 

• Any supporting documents (marriage, death certificates, etc.

 

2. File a Citizenship Application under Section 5(4):

 

• Explain your family history, your connection to Canada, and why you believe citizenship is appropriate.
  
  

 

3. Consider Legal Advice:

 

• These  cases are evaluated individually, so strong documentation and a well-prepared application increase your chances.
  
  

Bottom Line - Canadian Citizenship by Descent 

A grandparent cannot normally pass citizenship directly to a grandchild if the parent never became a citizen.
But there is a possible exception under section 5(4), especially in light of recent legal developments.
Now may be a strategic time to apply, as the government is actively updating the law to make citizenship more accessible to families like yours.

Want Expert Help with Your Canadian Citizenship Application?

 Book a one-on-one strategy session with an immigration lawyer to understand your eligibility and strengthen your case:

👉 Schedule a consultation here to get started.