What is citizenship by descent?

Canadian citizenship by descent (also called citizenship by birth abroad) is the automatic citizenship inherited from a Canadian-citizen parent. If you were born outside Canada to a Canadian-citizen parent, you may have a claim to Canadian citizenship.

The first-generation limit

Under the 2009 amendments to the Citizenship Act (Bill C-37), Canadian citizenship by descent was limited to the first generation born abroad:

• 1st-generation born abroad: Child born outside Canada to a Canadian-citizen parent → citizen by descent
• 2nd-generation born abroad: Child born outside Canada to a born-abroad Canadian parent → NO automatic citizenship under the first-generation limit

In 2023, the Ontario Superior Court (Bjorkquist v. Canada) ruled the first-generation limit unconstitutional. The federal government tabled replacement legislation to restore citizenship to affected 2nd-generation born-abroad Canadians. Status has been in flux — check current legislation before relying on specific rules.

How to prove citizenship by descent

Apply for a proof of citizenship with IRCC:

• Application fee: CAD 75
• Required documents: applicant's birth certificate, parent's proof of Canadian citizenship (birth certificate, citizenship certificate, naturalization records), other supporting documents
• Processing: typically 6-12 months

If approved, IRCC issues a citizenship certificate confirming you've always been a Canadian citizen — not "granted" citizenship but recognizing what's been true since birth.

Common situations

• Born in the US to Canadian parent: typically eligible under first-generation rule
• Born in Pakistan to Canadian mother (post-1977): typically eligible (1977 reforms removed gender discrimination)
• Born in India to Canadian father (pre-1947): complex — may need Lost Canadian provisions
• Born in UK to Canadian parent who was themselves born abroad: second-generation; subject to first-generation limit + ongoing legislative status
• Adopted abroad by Canadian parents: separate "citizenship for adopted persons" process

Citizenship-by-descent vs citizenship-by-grant

• By descent: you were always a Canadian citizen from birth; proof of citizenship application just confirms what's already true
• By grant: you applied as a PR for naturalization, passed the test, took the oath — citizenship granted at that point

Halani's note

Many people are Canadian citizens by descent without realizing it. If you have Canadian-citizen ancestry, especially a parent who held Canadian citizenship at the time of your birth, it's worth investigating. We assess citizenship-by-descent eligibility case-by-case.