FIDERA LAW
Canadian immigration law

Become CanadianCitizenship by descent

Become Canadian · Citizenship by descent

You may already be a citizen, and always have been.

From 2009 until December 2025 citizenship stopped after one generation born abroad. That limit is gone, and its removal is retrospective, so a person born outside Canada before 15 December 2025 to a Canadian parent is a citizen automatically. There is no grant to apply for, only proof to obtain.

What changed, and who it changed things for

This is the largest change to Canadian citizenship in a generation, and its effect is retrospective. It does not open a route for people to apply through. It makes people citizens who already should have been.

Royal assent 20 November 2025, in force 15 December 2025 · verified 19 August 2026

Since December 2025 many people are citizens already and do not know it

The first generation limit is gone. From 2009 until 15 December 2025, a person born or adopted outside Canada was not a citizen by descent unless their Canadian parent had been born in Canada or naturalised here. A citizen by descent could not pass citizenship to a child born abroad.

If you were born outside Canada before 15 December 2025 to a Canadian parent, in the second generation or beyond, then in most cases you are automatically a citizen, which is how the department itself puts it. Nothing needs to be granted to you. What you may need is a certificate proving it, which is a separate application and is not what makes you a citizen.

The Act carries narrow exceptions to that, so the words in most cases are doing work. The main two are a person who made a declaration of alienage before 1947, or before 1949 for Newfoundland, and a person who became a citizen by a grant and later renounced it. If either could describe you or an ancestor in your chain, the answer turns on the documents rather than on the general rule.

The reach back is generational. The chain of proof can run through several generations, provided there is a parent or parental ancestor who became, or would have become, a citizen on or after 1 January 1947, or 1 April 1949 for Newfoundland. Citizenship still passes from a parent, but the documents may go back much further.

  • Born abroad before 15 December 2025, second generation or beyond. You are a citizen automatically, with no test to meet. Apply for a certificate if you need to prove it or want a passport.
  • Born abroad on or after 15 December 2025. You are a citizen if the Canadian parent who was themselves born or adopted abroad had 1,095 days of physical presence in Canada before your birth. Either citizen parent can satisfy it.
  • Adopted abroad before 15 December 2025. You apply for a direct grant rather than becoming a citizen automatically, and no 1,095 day test applies to you.
  • Adopted abroad on or after 15 December 2025. You apply for the direct grant, and the parent must meet the 1,095 days before the adoption.
  • Already a citizen before the change. Nothing about your status changes.
  • The department's own wording on one point is wrong, so do not rely on it. Several of its pages say the government passed the Bill on 15 December 2025. Royal assent was 20 November 2025 and 15 December 2025 is the day it came into force. The operative date for who is caught is 15 December 2025.

Which situation applies to you

Citizenship by descent at 19 August 2026
Your situationAre you a citizenWhat you do
Born abroad before 15 December 2025, in the second generation or beyondYes, automaticallyApply for a citizenship certificate as proof. No grant and no test
Born abroad on or after 15 December 2025, in the second generation or beyondOnly if a citizen parent had 1,095 days of presence in Canada before your birthApply for a certificate and prove the parent's days
Adopted abroad before 15 December 2025, in the second generation or beyondNot automaticallyApply for the direct grant for adopted persons. No 1,095 day test
Adopted abroad on or after 15 December 2025Not automaticallyApply for the direct grant, and the parent must meet the 1,095 days
Born in the first generation abroad to a parent born or naturalised in CanadaYes, as before the changeApply for a certificate if you need proof
Already a citizen before 15 December 2025Yes, unchangedNothing

A person born in Canada is a citizen by birth and does not use this route at all, with narrow exceptions for the children of certain foreign representatives.

The adoption asymmetry follows from the structure of the Act. A person born abroad in the second generation before December 2025 is a citizen automatically, while a person adopted abroad in the same generation and before the same date must apply for a grant. The reason is on the face of the legislation. Citizenship by descent arises automatically under section 3, whereas an adopted person has since 2007 required a grant under section 5.1, so removing the first generation limit changed who is caught by an automatic rule and left the adoption route as an application. If you were adopted abroad, that distinction decides whether you are already a citizen or an applicant, so it is worth establishing before anything is filed.

Proving a parent's 1,095 days

This only arises for a birth or adoption on or after 15 December 2025, and it is better documented than people expect. There is a form for it and there is a published list of the proof that goes with the form.

The form is How to Calculate Physical Presence in Canada for a Canadian Parent, CIT 0555. The department asks you to complete it and to provide supporting proof validating the information you declare on it. Treat it as required rather than as a helpful extra, because a file that arrives without it is incomplete, and an incomplete file is the most avoidable delay in this area.

Acceptable proof of a Canadian parent's physical presence at 19 August 2026
CategoryExamples the department gives
Employment and educational recordsTranscripts, T4 slips
Residential recordsRental, mortgage or insurance papers
Travel recordsPassports, entry and exit records
Government recordsSocial assistance or employment insurance benefits
Other proofAnything else the applicant considers demonstrates the parent's physical presence in Canada

The list is expressed as examples and not as a closed set, in the department's own words acceptable proof may include but is not limited to these categories. The 1,095 days are cumulative rather than consecutive, there is no minimum per year, and they must fall before the birth or adoption rather than be made up afterwards.

Might you already be a citizen

This is the question worth asking first, because the answer changes what you apply for. A citizen applies for proof. A non citizen applies for a grant, or for permanent residence.

Your situation

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An indication only, not a determination of citizenship and not legal advice. Citizenship by descent turns on documents proving each link in the chain, and on rules that differed by era, so a promising answer here is a reason to look at the records rather than a conclusion. Where a parent's 1,095 days are in issue, the days are declared on form CIT 0555 and supported by the published categories of proof set out above. Verified 19 August 2026 against canada.ca and the Citizenship Act.

What we look at before a citizenship file goes in

Whether you are already a citizen, because since December 2025 a great many people are and do not know it. Whether your days actually add up, since the presence rule counts some time at half and excludes some altogether. And whether anything in your record engages a prohibition, because those stop an application that otherwise qualifies.

01 / Start here

Strategy consultation

A paid session that tests your record against this route and the alternatives, checks how your work is classified, and tells you plainly where you actually stand.

02 / Review

Lawyer review, you file

You prepare and submit; we review the classification, the evidence and the documentation before it goes in, and flag what would be questioned.

03 / Representation

Full representation

We build, document and file the matter as your lawyer of record, and carry it through to the federal permanent residence stage.

Every matter begins with the strategy consultation. If you instruct us within six months of that consultation for a lawyer review or for full representation, the consultation fee is credited against that work. One credit per person.

Frequently asked questions

What was the first generation limit?

A rule in force from 2009 until 15 December 2025. A person born or adopted outside Canada was not a citizen by descent unless the Canadian parent had been born in Canada or naturalised here. In practice it meant citizenship stopped after one generation abroad, so a Canadian who was themselves born abroad could not pass citizenship to a child also born abroad. It was found unconstitutional by the Ontario Superior Court of Justice in December 2023 and that decision was not appealed.

Am I a citizen now?

If you were born outside Canada before 15 December 2025 to a Canadian parent, and the only thing standing in your way was the first generation limit, then in most cases yes, automatically, and there is no test to satisfy. The Act keeps narrow exceptions, chiefly a declaration of alienage made before 1947, or before 1949 for Newfoundland, and a person who was granted citizenship and later renounced it. If you were born abroad on or after 15 December 2025 you are a citizen only if the Canadian parent meets a substantial connection test, described below. If you were adopted abroad the position is different again, because an adopted person applies for a grant rather than becoming a citizen automatically.

What is the substantial connection test?

For a person born abroad on or after 15 December 2025 in the second generation or beyond, the Canadian parent who was themselves born or adopted abroad must have accumulated at least 1,095 days of physical presence in Canada before the birth. That is three years in total rather than three consecutive years, there is no minimum per year, and the days must be before the birth or adoption rather than accumulated afterwards. Where both parents are citizens, it is enough that either one of them meets it.

How far back does this reach?

Further than most people expect. The chain of proof can run through several generations, provided there is a parent or parental ancestor who became, or would have become, a citizen on or after 1 January 1947, being the date the first Canadian Citizenship Act took effect, or 1 April 1949 for Newfoundland. Citizenship still descends from a parent, so each link in the chain has to be documented, which is where these files take their work.

I applied before the change and my file is still open. What happens?

It is processed under the new rules, with no new application and no further fee. That covers files submitted under the interim measure the department ran from March 2025 while the legislation was in Parliament.

My application was refused under the old rule. What now?

We do not know, and we would rather say so than guess. The department's published guidance addresses files still in progress and says nothing about applications already refused, so whether a refused file is reopened or whether a fresh application and fee are needed is unresolved. If that is your position it is worth asking the question directly rather than assuming either answer.

How do I prove my parent's 1,095 days?

On a published form, and it is required rather than optional. The department asks you to complete How to Calculate Physical Presence in Canada for a Canadian Parent, form CIT 0555, and to provide supporting proof validating what the form declares. A file submitted without the form is incomplete. The acceptable proof list is expressed as examples rather than as a closed set, and it names employment and educational records such as transcripts or T4 slips, residential records such as rental, mortgage or insurance papers, travel records such as passports or entry and exit records, government records such as social assistance or employment insurance benefits, and any other proof the applicant considers demonstrates the parent's physical presence.

Does a parent's time here before they became a citizen count towards the 1,095 days?

The provision is status neutral on its face. It requires only that the parent was physically present in Canada for at least 1,095 days before the person's birth, and it attaches no condition about what status the parent held on those days. The acceptable proof list is status neutral too, since it accepts school, employment and residential records without regard to status. We could not find an express departmental statement on the point, so on a file where the answer changes the outcome we put the question rather than relying on the inference.

What do I actually apply for?

A citizenship certificate, which is proof of a citizenship you already hold. It is not a grant and it does not make you a citizen. It costs $75, and it is what you need in order to obtain a Canadian passport.