Why Canadian Citizenship by Descent is More Complicated Than It Looks

If you’ve ever heard someone say, “My grandfather was Canadian, so I should be Canadian too,” this person may not have a basis to apply for Canadian Citizenship. The idea that citizenship can be passed down through generations is a familiar one. Many countries around the world recognize jus sanguinis, “right of blood”, where being born to a citizen entitles you to citizenship yourself.

But Canadian citizenship law has changed many times over the past century, and what seems like a straightforward rule today is really the result of decades of legislative evolution, court challenges, and policy reversals. Put simply: citizenship by descent is more complicated than it looks.

A Century of Change: How We Got Here

Canada didn’t even have its own citizenship regime until January 1, 1947, when the first Canadian Citizenship Act came into force. Before that, people born in Canada were considered British subjects, not “Canadian citizens.” That meant that the legal concept we think of today didn’t exist until after World War II.

Over the decades, the law evolved, sometimes in ways that seemed to create logical gaps:

• In 2009, Parliament amended the Citizenship Act to create a first‑generation limit: Canadian citizenship by descent only applied to children born abroad if one parent was either born in Canada or had become a Canadian by naturalization, but only for the first generation born outside Canada. If a child was born outside Canada to a parent who was also born outside Canada, they were no longer automatically Canadian.
• This rule was intended to prevent what some critics called “Canadians of convenience,” but it also created a class of people who had undeniable, close familial ties to Canada yet no legal citizenship status. Many of these folks became known informally as “Lost Canadians.”
• Over time, smaller fixes were made to address select groups of Lost Canadians, but a comprehensive solution remained elusive.

In 2023, the Ontario Superior Court of Justice ruled that the first‑generation limit was unconstitutional, opening the door for a broader fix. The federal government agreed and set out to amend the law.

Bill C‑3: A Fundamental Overhaul

On December 15, 2025, Parliament passed Bill C‑3, An Act to amend the Citizenship Act and for many families, this was a watershed moment. The law fundamentally reshaped how citizenship by descent works in Canada: it eliminated the old one‑generation limit for people born before the law came into force, retroactively conferring citizenship to people who were previously excluded.

Here’s how the new regime works:

For People Born Before December 15, 2025

If you were born outside Canada before December 15, 2025, and at the time of your birth your parent was a Canadian citizen, even if that parent was also born outside Canada, you are now automatically a Canadian citizen from birth. This includes many people who were previously denied citizenship because of the first‑generation limit.

This is a retroactive rule: it applies to people already born before the new law came into force, and also to people whose ancestors became citizens under older law changes. In other words, many people who are currently living abroad or applying today may finally be recognized as Canadian.

For People Born or Adopted On or After December 15, 2025

Going forward, the citizenship‑by‑descent regime still allows multiple generations born abroad to acquire citizenship, but with a new requirement:

• A Canadian parent who was born or adopted outside Canada must demonstrate that they had a substantial connection to Canada — defined as having spent at least 1,095 days (three years) physically present in Canada before the child’s birth or adoption.

This strikes a balance between extending rights and ensuring connection to Canada as a meaningful legal standard.

The Practical Side: How to Apply

If you believe you qualify under the new rules, the process generally requires:

1. Establishing Lineage and Status

You must show your family tree and demonstrate that:

• You were born outside Canada, and
• Your parent (or earlier ancestor) was a Canadian citizen at the time of your birth.

Because the new law applies retroactively for births before December 15, 2025, you don’t need to meet the substantial connection test for these cases, you just need documentation that proves your qualifying ancestor’s citizenship.

2. Applying for Proof of Citizenship

Once you have your documents, you apply to Immigration, Refugees and Citizenship Canada (IRCC) for Proof of Canadian Citizenship. This will confirm your status officially and allow you to obtain a passport and other benefits. Key resources and application details are available directly from IRCC.

3. Genealogical Research and Records

For many people, the trickiest part isn’t understanding the law, it’s finding the records that prove your claim: birth certificates, passports, naturalization records, and other evidence of citizenship in your family line.

That’s where genealogical expertise becomes invaluable.

Demystifying the Process — Join Us for a Webinar

We know how overwhelming this history and the application process can feel — especially when piecing together documents from generations ago.

That’s why immigration lawyer Emilia Coto of Sisu Legal will be speaking at a webinar with:

Channon Russette Mondoux of Canadiana Fest / Canadians of Michigan, and Janine Guimont Cotugno of Kalamazoo Valley Genealogy Society, a Canadian by descent and a professional genealogist from the Kalamazoo Valley Genealogy Society
And moderated by others deeply familiar with Canadian descent research. 

Emilia Coto is a Canadian–U.S. dual citizen and dual-licensed immigration lawyer, practicing Canada and US immigration law. She focuses on cross-border family immigration and citizenship matters. Emilia has helped clients navigate the changes for multigenerational families and also personally navigated Canadian citizenship grants within her own family, giving her a practical, firsthand understanding of how complex these cases can be. Her work centers on helping families navigate their options with clarity and peace of mind.

What We’ll Cover:

• A clear walkthrough of Bill C‑3 and the new rules
• How citizenship law evolved in Canada and why it matters
• What documents you need to prove your lineage
• Practical tips for research and applying for proof of citizenship
• A moderated Q&A so we can answer your questions live

📅 Date: February 2, 2026
⏰ Time: 6:00–7:30 pm EST
📍 Via Zoom (link sent after registration)

This webinar is not about migration pathways, it’s about helping people understand and claim the citizenship that may already be theirs.

Learn more and register here. 

🇨🇦 You might be more Canadian than you think.