Canadian Citizenship by Descent
As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach helps individuals with many different immigration needs. A popular service that clients seek guidance and assistance with is Canadian citizenship by descent. This blog post considers the current rules for obtaining citizenship by descent, and explores the proposed changes to citizenship by descent for the second generation born abroad.
Canadian Citizenship by Descent
“Canadian citizenship by descent” refers to individuals born outside of Canada who automatically qualify for citizenship because at least one of their parents held Canadian citizenship at the time of their birth. The Canadian parent may have received citizenship through birth (i.e. being born in Canada) or through naturalization (i.e. receiving a grant of citizenship) - the important thing is that their parent was already a Canadian citizen at the time of their birth. Eligible applicants therefore inherit Canadian citizenship through their parent(s) status as a Canadian. This concept is distinct from birthright citizenship, which applies to persons born inside of Canada.
First Generation Limits to Citizenship by Descent
In 2009, the Government of Canada introduced the first-generation limit which created many restrictions on passing along citizenship.
Under the first-generation limit, someone is not automatically a Canadian citizen if they were born outside of Canada and their parent was born outside of Canada to a Canadian citizen or adopted outside of Canada by a Canadian parent. In simple terms, Canadian grandparents generally cannot pass down citizenship to grandchildren if both their child and the grandchild were born outside of Canada.
There are limited exceptions to this rule, including for children of Canadian military personnel or government employees serving abroad. In most cases, however, the first generation rule was firmly held to. If an individual was the second generation born abroad, they generally had to consider pathways to permanent residence instead of citizenship, such as family sponsorship if eligible.
Proposed Legislative Changes to Canadian Citizenship by Descent
On December 19, 2023, the Ontario Superior Court of Justice released its decision in Bjorkquist et al v. Attorney General of Canada, 2023 ONSC 7152. In this decision, the court declared ss. 3(3)(a) and (b) of the Citizenship Act, the key provisions limiting the passing of citizenship by descent to the first generation, to be of no force and effect. The court has suspended this declaration until November 20, 2025 to allow Parliament to enact remedial legislation. Until Parliament enacts new legislation, the old rules restricting citizenship by descent to the first-generation remain in effect.
Interim measures were introduced on March 13, 2025 that include a way for those affected by the first-generation limit to be considered for a discretionary grant of citizenship. The interim measures also include priority consideration for people born or adopted on or after December 19, 2023 if their Canadian parent has a substantial connection to Canada.
On June 5, 2025, Parliament introduced new legislation in response to Bjorkquist. Under the proposed legislation, Canadian citizens by descent would be able to pass on their citizenship to their own children born abroad if they are able to meet the substantial connection test. To demonstrate a substantial connection to Canada, a Canadian parent who was born abroad (the first generation born abroad) would need to have a cumulative 1,095 days of physical presence in Canada before the birth or adoption of the child (the second generation born abroad).
If you would like Christina to provide legal advice on Canadian citizenship by descent, including for the second generation born abroad, please schedule a consultation.