How to Acquire Citizenship by Descent in Canada - Eligibility, Process, and 2023 Law Changes

Sep 18, 2026

Uploaded by Jake

Learn how Canadian citizenship can be obtained through descent, including the first-generation limit, its historical basis, and how later amendments and court decisions affect eligibility. The guidance explains who qualifies, how adopted children are handled, and what documentation is typically required to support a relationship to a Canadian citizen parent. It also covers the application steps for a Citizenship Certificate and where processing occurs for applicants living outside Canada. Finally, it summarizes proposed law changes following a December 2023 ruling and expected timing.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages2

Reading Time5 min

AccessFree to download

Eligibility

First-generation limit and historical context

Dual citizenship and restored citizenship

Adopted children

Process

Citizenship Certificate requirements

Application and assessment

Processing outside Canada

Changes to the Law

December 2023 ruling

Draft legislation for second-generation access

Expected timeline

How to Acquire Citizenship by Descent in Canada By Jacqueline Bart and Genevieve Giesbrecht Canadian citizenship can be acquired either through birth, naturalization, or descent. Almost anyone born in Canada is automatically entitled to Canadian citizenship. Citizenship by naturalization occurs when a permanent resident of Canada has spent a sufficient amount of time in Canada, meets the requirements, writes a test, and takes an Oath. Citizenship through descent means obtaining citizenship because one or both of your parents were Canadian citizens at the time of your birth. Eligibility: Canadian citizenship by descent is currently subject to a first-generation limit. This means that a Canadian citizen (either by birth or naturalization) can pass their citizenship to their children. However, those children cannot pass Canadian citizenship to future generations. Prior to 1977, Canada did not recognize dual citizenship. As a result, if a Canadian acquired citizenship in another country, they lost their Canadian citizenship. Later amendments to the Citizenship Act allowed for multiple citizenships and retroactively restored citizenship to those who had previously lost it. Therefore, if someone was born in Canada but lost their Canadian citizenship before 1977 due to acquiring another citizenship, their children are still eligible for citizenship by descent. Adopted children are also eligible for citizenship by descent but may need to provide additional supporting documentation. Process: Children born to Canadian citizens (whether born in Canada or naturalized) are considered Canadian citizens. However, they need a Citizenship Certificate to access the benefits of Canadian citizenship. To apply for a Citizenship Certificate, the individual must demonstrate their relationship to their Canadian citizen parent (i.e. a birth certificate) and proof of their Canadian citizen parent’s citizenship. The individual must also complete the required application and provide the required documentation to be assessed by a Citizenship Processing Office. Individuals residing outside of Canada, or the USA are assessed by the Canadian Embassy or Consulate responsible for their country. Changes to the Law: In December 2023, a Canadian court found that the firstgeneration limit on citizenship by descent was unconstitutional. As such, the Government of Canada is currently drafting new legislation that would allow citizenship by descent to be conferred to second and subsequent generations. The proposed law will likely require that the first-generation Canadian resided in Canada for at least three years before the birth of the second-generation citizen. These three years do not need to be consecutive but aim to show substantial ties to Canada. The Government of Canada is expected to pass this new legislation in late summer or early fall of 2024, potentially allowing many more individuals to benefit from Canadian citizenship by descent. Jacqueline Bart is the managing partner and Genevieve Giesbrecht is an associate lawyer at BARTLAW LLP | Barristers and Solicitors, a leading Canadian immigration law firm. They can be reached at [info@bartlaw.ca](info@bartlaw.ca).

FAQs

What does citizenship by descent mean in Canada?

Citizenship by descent means obtaining Canadian citizenship because one or both of your parents were Canadian citizens at the time of your birth.

What is the current first-generation limit for citizenship by descent?

A Canadian citizen can pass citizenship to their children, but those children cannot pass it to future generations under the first-generation limit.

What changed after the December 2023 court decision?

In December 2023, a Canadian court found the first-generation limit unconstitutional. The Government of Canada is drafting new legislation to allow citizenship by descent for second and subsequent generations.

Sep 18, 2026

Uploaded by Jake