July 7, 2026
Citizenship by Descent: What you Need to Know
Recent amendments to the Citizenship Act have led to a significant increase in requests for citizenship certificates, particularly among Americans. Previously, Canada’s “first-generation limit” prevented Canadian citizens born abroad from passing citizenship to their children born abroad. However, the recent changes to the Citizenship Act have eliminated the restriction on first-generation descendants. This means that anyone born outside of Canada who can prove they have at least one Canadian ancestor is now eligible for Canadian citizenship, regardless of whether that ancestor is a grandparent, great-grandparent, or further back. Establishing this ancestral connection is the essential first step in the proof of citizenship application process.
To apply, it is crucial for applicants to provide thorough documentation to meet the requirements set by Immigration, Refugees and Citizenship Canada (IRCC) for citizenship by descent. Applicants must offer strong evidence that links them to their Canadian ancestor. To trace the lineage from a Canadian ancestor to the applicant, it is necessary to gather three specific documents for each generation: the ancestor’s birth certificate, a marriage certificate (if applicable), and either a death certificate or another type of documentation that verifies their relationship as a parent to the next individual in the lineage.
It is highly recommended to provide a birth certificate for every individual in the generational chain, including your own, as well as those of your parents, grandparents, and so on, all the way back to the Canadian ancestor. If the ancestor was born in the 1800s or early 1900s, civil birth registrations may not exist, as official record-keeping was not conducted by the government during that period. In such cases, church baptismal records can be used to establish the relationship with the Canadian ancestor. Occasionally, documents may lack parental information. If this is the case, applicants must be able to present secondary evidence from the time of birth. Acceptable forms of secondary evidence may include court orders, hospital records, or school records.
Relationships and family history can also be demonstrated through marriage certificates. It is important to consider that some families may have undergone name changes, or women may have changed their surnames through marriage. Effectively linking various documents that contain different family names is crucial. Therefore, marriage certificates and records of name changes can be essential.
Once the chain is documented, the application must be submitted to IRCC (Required Forms, $75 CAD fee). Processing currently takes around 12 months.
Canadian citizenship offers significant benefits, including the right to live and work anywhere in Canada, access to public healthcare, the ability to vote and run for office, and eligibility for a Canadian passport. Many individuals born outside of Canada who have a Canadian grandparent or great-grandparent may now qualify for the benefits associated with Canadian citizenship. It is important to note that individuals born in Canada typically prove their citizenship with a Canadian birth certificate.
Applying for citizenship by descent is a sensitive matter that requires careful consideration and accurate documentation. To navigate the complexities of the application process, it is always advisable to seek the assistance of an immigration lawyer. Their expertise can help ensure that your application is submitted with the best possible strategy and increases the likelihood of a successful outcome.
Leila Kavand
Leila’s practice covers a broad range of Canadian immigration matters. She is experienced in handling applications for temporary residence, permanent residence, and citizenship. In addition, she provides guidance on Humanitarian and Compassionate permanent residence applications, advocating for clients who encounter difficulties in securing permanent residency, despite their strong ties and significant contributions to Canada.
Leila also maintains a practice in immigration litigation, including judicial review and mandamus applications before the Federal Court of Canada.
She holds a Master of Laws (LL.M.) and an Immigration Diploma, which enhance her expertise in the field. With a commitment to principled advocacy and practical immigration solutions, Leila strives to navigate the complexities of immigration law to achieve favourable outcomes for her clients.