For decades, many people with Canadian family roots were surprised to learn that they were not eligible for Canadian citizenship because of complex citizenship laws and restrictions on citizenship by descent. That changed significantly in late 2025 when Canada amended its Citizenship Act, expanding eligibility for people with Canadian ancestry.
As a result, thousands of individuals across the United States and around the world are now discovering that they may already be Canadian citizens—or may have a pathway to obtain proof of their Canadian citizenship.
If you have a Canadian parent, grandparent, great-grandparent, or another Canadian ancestor, now may be the time to determine whether you qualify.
What Is Canadian Citizenship by Descent?
Canadian citizenship by descent refers to citizenship that is acquired through a Canadian parent rather than through birth in Canada or naturalization.
Historically, Canadian citizenship could generally only be passed to the first generation born outside Canada. This rule became known as the “first-generation limit.”
As a result, many individuals with strong Canadian family ties found themselves excluded from citizenship despite having Canadian parents, grandparents, or other ancestors.
Following a landmark court decision and subsequent legislative changes, Canada significantly expanded citizenship by descent rules in December 2025. Individuals who were previously excluded because of the first-generation limit may now qualify for Canadian citizenship.
Why Did Canada Change the Law?
The changes stem from the 2023 Ontario Superior Court decision in Bjorkquist v. Canada, which found parts of the first-generation limit unconstitutional.
The Court concluded that many descendants of Canadians were being unfairly excluded from citizenship solely because they were born outside Canada.
In response, the Government of Canada introduced legislation that ultimately came into force on December 15, 2025, removing the first-generation limit in many situations and creating a new framework for citizenship by descent.
Who May Now Be Eligible for Canadian Citizenship by Descent?
Many individuals who were previously considered ineligible may now qualify if they can establish a direct family connection to a Canadian citizen.
Potentially eligible individuals include:
- People born outside Canada to a Canadian parent
- People born outside Canada to a Canadian grandparent
- Individuals with Canadian great-grandparents
- Descendants of individuals often referred to as “Lost Canadians”
- Certain individuals adopted outside Canada by Canadian citizens
- People whose parents never formally claimed their Canadian citizenship but were Canadian citizens under Canadian law
In many cases, the critical issue is not whether your parent or grandparent applied for proof of citizenship, but whether they were legally Canadian citizens.
I Have a Canadian Grandparent. Am I Canadian?
Possibly.
One of the most common inquiries we are receiving in 2026 comes from individuals whose grandparents were born in Canada.
Under previous legislation, many grandchildren of Canadian citizens were excluded because citizenship transmission stopped after one generation born abroad.
Under the current framework, many of these individuals may now be recognized as Canadian citizens if they can establish an uninterrupted chain of descent from the Canadian ancestor.
However, every case depends on:
- Date of birth
- Family history
- Citizenship status of each generation
- Historical citizenship legislation in force at the time
- Availability of supporting documents
What Documents Are Needed?
Applicants seeking proof of Canadian citizenship through ancestry typically need documentation establishing every link in the family chain.
Examples include:
- Birth certificates
- Marriage certificates
- Adoption records
- Death certificates (where applicable)
- Canadian citizenship certificates
- Canadian birth records
- Canadian passports
- Naturalization records
The objective is to demonstrate a clear line of descent from the Canadian ancestor to the applicant.
In many cases, records may span multiple countries and several generations, making document collection one of the most important parts of the process.
Are Americans with Canadian Ancestry Applying?
Absolutely.
We have seen a significant increase in applications from U.S. citizens following the citizenship law changes.
Many Americans have Canadian parents, grandparents, or great-grandparents due to the long history of movement between Canada and the United States.
Reports suggest that nearly half of the increase in citizenship-by-descent approvals since the law changed have involved applicants from the United States.
What Happens If You Qualify?
If you qualify for Canadian citizenship by descent, you do not become a permanent resident first.
Instead, you apply for proof of citizenship through a Canadian Citizenship Certificate.
Once citizenship is confirmed, you may be eligible to:
- Apply for a Canadian passport
- Live and work anywhere in Canada
- Vote in Canadian elections
- Access educational opportunities available to Canadian citizens
- Sponsor eligible family members in the future
- Maintain dual citizenship if permitted by your other country of nationality
The citizenship certificate serves as official proof of your Canadian citizenship status.
Frequently Asked Questions
Can I get Canadian citizenship through my great-grandparent?
Possibly. Following the December 2025 changes, citizenship by descent may extend beyond the first generation born abroad in certain circumstances. Each case requires a review of the family’s citizenship history and supporting documentation.
Do I need to move to Canada first?
No. Citizenship by descent is based on your family connection to a Canadian citizen, not on residence in Canada. You can apply from outside Canada.
What if my parent never claimed Canadian citizenship?
That does not necessarily prevent eligibility. In many cases, the legal status of the parent—not whether they applied for proof—is the determining factor.
Is there a deadline to apply?
Individuals who qualify under the current law generally do not lose eligibility simply because they wait to apply. However, processing times and application volumes have increased significantly since the changes came into effect.
Determining Eligibility Requires a Detailed Review
Although the new citizenship-by-descent provisions have expanded eligibility, citizenship cases involving ancestry can be complex. Historical citizenship legislation, multiple generations born abroad, adoptions, marriages, and missing records can all affect eligibility.
A thorough legal review of your family history can help determine whether you may already be a Canadian citizen and identify the evidence required to support your application.
How Visaserve Can Help
At Visaserve Immigration Law, we assist individuals around the world in assessing potential claims to Canadian citizenship by descent. Whether your connection is through a parent, grandparent, great-grandparent, or another Canadian ancestor, our team can evaluate your eligibility, identify required documentation, and guide you through the citizenship certificate application process.
If you believe you may have Canadian ancestry, now may be the ideal time to determine whether Canadian citizenship is already part of your family history.
Reach out to our team at info@visaserve.ca or call 905-203-2266 to speak with an experienced Canadian immigration lawyer today.
