Changes To Canadian Citizenship By Descent: Top FAQs

Canada's new citizenship by descent rules came into effect on December 15, 2025. The new legislation has created opportunities for thousands of people born abroad to Canadian parents. Many individuals who were previously excluded under the old first‑generation limit may now already be Canadian without even being aware.

1. What is "Canadian citizenship by descent"?

This means that a person is a Canadian citizen by virtue of their birth, having been born to a parent who is a Canadian citizen. This includes children of parents who became naturalized Canadian citizens prior to their birth.

Citizenship by descent allows a person born or adopted outside Canada to become (or to be recognized as) Canadian because at least one parent is a Canadian citizen.

This is different from naturalization. Citizenship by descent is automatic if you meet the criteria—you do not "apply for citizenship," you apply only for proof of the citizenship you already have.

Example

• Sarah was born in France in 1998. Her mother is a Canadian citizen born in Toronto. Sarah is automatically Canadian, even though she has never lived in Canada. She only needs to apply for a Proof of Citizenship certificate to document it.

2. What changed with the removal of the first-generational limit?

Under legislation in place from 2009 to 2025, a Canadian citizen born abroad could not pass their citizenship on to a child who was also born abroad. Only the first generation born outside of Canada to a Canadian was a Canadian citizen. The 2025 reform now allows many of these individuals, to be recognized as Canadian retroactively, as if the old limit never applied. This only applies to individuals who were born before December 15, 2025. The reform automatically recognizes many individuals who were excluded only because their Canadian parent was born outside Canada.

3. What about children born on or after December 15, 2025?

For future children, a Canadian citizen born or adopted abroad can pass on citizenship only if they demonstrate a substantial connection to Canada. This is defined as 1,095 cumulative days (3 years) of physical presence in Canada before the child's birth or adoption. The 1,095 days need not be consecutive.

This means that families may have children with different rights, a child born prior to December 15, 2025 who is automatically a Canadian citizen and a child born after who cannot be a Canadian citizen because their parent did not have a substantial connection to Canada prior to their birth.

4. Do Canadians who are citizens by descent apply for citizenship?

No, they apply for a Citizenship Certificate which will prove and confirm that they have been a Canadian citizen since their birth. This will allow them to request a Social Insurance Number and apply for a Canadian passport.

5. Does Canada allow dual citizenship?

Yes. Canada currently permits dual and multiple citizenships. Some countries do not allow citizens to hold more than one citizenship. As a result, the Government of Canada introduced a simplified process to renounce Canadian citizenship for individuals who have automatically become Canadian as a result of the updated provisions.

6. What about children adopted by Canadian citizens?

Adopted children may obtain citizenship through a direct grant of citizenship process without first becoming permanent residents. The first-generational limit had previously applied and has now been removed. This means that the adopted child of someone who is the second-generation born abroad may now be eligible to apply for citizenship. If the child was adopted on or after December 15, 2025, their parent would have had to have had a substantial connection to Canada prior to their adoption.

7. How does frequent travel affect eligibility for my future children under the new rules?

Frequent travel and living abroad is fine, but it becomes important for Canadian citizens born abroad who want their children to be considered to be Canadian citizens.

To pass on citizenship to a child born on or after December 15, 2025, they must be able to demonstrate that they spent 1,095 days of physical presence in Canada before the child's birth.

Please note that there are exceptions and unique circumstances which can impact the answers to these questions. For more information, please do not hesitate to contact us.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.