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 the pool of people eligibile 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 and the number of American citizens who may be included in the expanded pool of eligible people.

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 for their child 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 to the first generation of children born outside Canada. This means:

• Generally, a Canadian citizen born in Canada or naturalized in Canada Canada can pass citizenship to their child born outside Canada, but that child cannot in turn pass it to their own children if they are also born outside Canada.
• The same first-generation 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 through multiple generations of children born outside of Canada.
• Requiring Canadian citizen parents who were not born or naturalized in Canada t nevertheless o have a “substantial connection” to Canada to pass citizenship to children born outside Canada.
• 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!