What is citizenship by descent? A look at Canada’s new proposal
Canada has introduced legislation that would expand on who can become a Canadian citizen on the basis of descent, saying holding citizenship “lies at the heart of what it means to be Canadian.”
The federal government introduced Bill C-3 on Thursday, which it says will extend citizenship by descent beyond the first generation.
The new bill tackles issues that surrounds Canada’s current first-generation limit.
Under that limit, a child born outside the country to a parent also born or adopted by a Canadian citizen while not in Canada does not receive citizenship upon birth, even though the grandparent was from Canada. While the parent could receive citizenship, their child could not.
Bill C-3 would change that, the government says, by automatically giving Canadian citizenship to anyone who would be a citizen today were it not for that first-generation limit or other provisions of previous citizenship legislation.
The bill, however, goes further by establishing a framework for citizenship by descent that would allow people to access it beyond the first generation based on a Canadian parent’s substantial connection to Canada. That connection is demonstrated by spending at least three years, or 1,095 cumulative days, physically in the country prior to their child’s birth or adoption.
“Citizenship is more than a legal status – it’s a profound connection to the values, history, and spirit of Canada,” said Immigration Minister Lena Metlege Diab in a statement.
“By requiring those who pass citizenship to their children born abroad beyond the first generation to have a substantial connection to our country, we are honouring that bond.”
Citizenship by descent commonly refers to the ability of a person to apply for and acquire citizenship to a country based on their family ties, according to British law firm Henley and Partners.
Unlike citizenship by marriage, citizenship by descent “is a birthright,” but you need to “activate” it by applying for it through that country’s government which may legally recognize your citizenship after receiving proven documentation.
Such citizenship could be obtained by documenting your ties to parents, grandparents, great-grandparents or even more distant relatives who are or were citizens of that country, regardless where you were born, through obtaining official records proving a line of descent.
But there’s a catch: Not every country allows claiming of citizenship for any relative.
Canada is not alone in pursuing or offering people a process to apply for citizenship through descent.
Italy has citizenship by descent, which can be applied for if you have an Italian parent, grandparent, great-grandparent or even further ancestor.
However, the applicant must be able to prove the relative or ancestor was an Italian citizen when they were born or had the right to claim that citizenship when they were born, which could be proven through birth certificate, death certificate or certificate of naturalization.
The process of obtaining such documents can cost multiple hundreds of dollars, as government record-keeping agencies typically charge fees for each document requested, on top of the application fees charged by the government of a country where a person is applying for that citizenship.
Applying for a passport is typically a separate and secondary process.
According to international law firm Giambrone Law, Spanish citizenship by descent can be obtained if one of your parents is a Spanish national, both were born in Spain, you were adopted by a Spanish national before your 18th birthday, or you have Spanish grandparents.
Those seeking Polish citizenship by descent can do so if they have a parent, grandparent or great-grandparent who was born in Poland or lived in Poland after January 1920 and did not lose their citizenship at any point, including individuals of Polish-Jewish ancestry, according to Polish law firm Dudkowiak and Putyra.
Ireland also offers citizenship by descent. While those born to parents who were born in Ireland are automatically entitled to become citizens, those born abroad who are seeking citizenship through a grandparent born on the island of Ireland must apply through a process known as foreign birth registration in order to become citizens.
Canada has long taken a different approach.
Unlike some of these countries, citizenship by descent can only currently be obtained by those born outside Canada if one or both of your parents was born in the country, and is something the federal government is trying to change and has tried in the past.
The government also notes that the Ontario Superior Court of Justice declared the first-generation limit was unconstitutional for many people, but suspended the declaration until Nov. 20, 2025, allowing for the current rules to stay in place while new rules are crafted.
That ruling was not appealed as the federal government said it agreed the current law had “unacceptable consequences” for Canadians whose children were born outside the country.
Earlier this year, the government then announced an expanded interim measure that included a way for those impacted by the limit to be considered for a “discretionary grant of citizenship” from then immigration minister Marc Miller.
Those born or adopted on or after Dec. 19, 2023, would also receive priority consideration if their Canadian parent had a substantial connection to Canada.
The interim measure was put in place as former Bill C-71, which looked to extend citizenship to “lost Canadians,” died on the order paper when Parliament was prorogued and a subsequent election was held.
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