Can I Claim Canadian Citizenship by Descent Through My Grandparents?

If you're wondering whether you can claim Canadian citizenship by descent through your grandparents, your timing may be just right. Thanks to recent legal developments, particularly the Bjorkquist decision and proposed Bill C-71, you may have a path to Canadian citizenship.

In this post, we’ll break down what these changes mean, how section 5(4) of the Citizenship Act applies to you, what documents you’ll need, and whether your spouse and future children may also benefit from your Canadian ties.

1. Background: What Is Citizenship by Descent?

Canada allows individuals to claim citizenship by descent if they are born outside of Canada to a Canadian parent. However, since a 2009 law change, this right was generally limited to one generation—meaning only children of Canadian citizens could inherit citizenship, not grandchildren.

But the Bjorkquist decision, delivered in late 2023, changed things.

2. What Did the Bjorkquist Decision Do?

In the Bjorkquist v. Canada ruling, the Federal Court held that the strict "first-generation limit" unfairly excluded people with legitimate claims to Canadian citizenship. The government has since acknowledged this and is preparing to formally amend the law through Bill C-71.

Until Bill C-71 is passed, Canada is using discretion under section 5(4) of the Citizenship Act to approve applications on a case-by-case basis, especially when applicants provide strong documentation and have a compelling connection to Canada.

3. Are You Eligible Based on Your Family History?

Do you have strong documentation listing your ties to Canada? Discretionary application must prove a compelling reason. 

4. How Do You Apply Under Section 5(4)?

If you’re applying outside the standard first-generation limit, you’ll request discretionary citizenship under section 5(4), which allows the Minister of Immigration to grant citizenship in special cases.

You’ll submit:

• A completed Application for Canadian Citizenship – Adults (under subsection 5(4))
  
  
• Certified copies of:
  
  

1. Your grandparent’s Canadian birth certificate
   
   
2. Your parent’s birth certificate
   
   
3. Your own birth certificate
   
   
4. Your grandparents’ marriage license
   
   
5. Your grandparents’ death certificate
   
   

• A cover letter clearly explaining your situation, your family ties to Canada, and your desire to hold Canadian citizenship.
  
  
• Any additional evidence that supports your connection to Canada, like family history, prior visits, etc.

Processing times vary, but anecdotal evidence from similar applicants suggests responses within 6–12 months.

5. Can Your Spouse Apply the Same Way?

Unfortunately, no—not at this time. Your spouse will not be granted citizenship solely through marriage to you, even if you are granted citizenship. However, if you gain Canadian citizenship, they may be eligible for spousal sponsorship or permanent residence, and eventually citizenship, if you ever move to Canada or establish a closer connection to the country.

6. Can You Pass Canadian Citizenship to Future Children?

Yes, but with an important catch.

Once you become a naturalized Canadian citizen, you can pass citizenship to children born abroad (like in the U.S.), as long as you are the first generation born outside of Canada.

This means:

• If your future child is born in the U.S. after you become a Canadian citizen, they will be eligible for citizenship by descent.
  
  
• However, they will not be able to pass it on to their own children born abroad unless they give birth in Canada or secure citizenship for their kids via another route.

This is due to the first-generation limit, which still applies after one generation beyond Canadian soil.

7. Is Dual Citizenship with Canada and the U.S. Allowed?

Absolutely. Canada allows dual citizenship, and so does the United States. As long as you don’t renounce either, you’ll be able to hold both passports. There are no tax penalties or immigration restrictions simply for holding dual citizenship—but do keep in mind:

• U.S. citizens must file U.S. taxes, even when living abroad.
  
  
• Canadian citizens may be subject to Canadian laws and responsibilities if they move there, including healthcare and residency reporting.
  
  

Final Thoughts: Should You Apply Now?

You may wish to do so if you have strong documentation, under section 5(4) while Bill C-71 is still in progress. If the law passes, it could create a more straightforward path later. 

Need Help or Want to Talk to a Lawyer?

 If you want to review your documents, understand next steps, or explore options for your spouse or children, we recommend scheduling a strategy session with an immigration lawyer.

👉 Book a consultation here to move forward confidently.