Canadian Citizenship by Descent: Important Changes for Families Abroad

For many Canadian families living abroad or raising children overseas, passing down Canadian citizenship once appeared straightforward. Canadian parents born in Canada could generally pass citizenship to children born outside Canada. However, the former first-generation limit often prevented a Canadian parent who was also born abroad from passing citizenship to a child born abroad.

Important changes to the Citizenship Act took effect on December 15, 2025. Families relying on older information should revisit the rules. The amendments expand citizenship by descent in some situations, but eligibility continues to depend on the person’s birth or adoption history, family citizenship history, and the applicable statutory requirements.

 

Children Born Abroad Before December 15, 2025

The amendments remove the former first-generation limit for many people born outside Canada before December 15, 2025.

In general, a person born abroad to a Canadian parent may now be a Canadian citizen by operation of law, even where the Canadian parent was also born abroad. A person who believes they are a citizen can apply for a Canadian citizenship certificate as proof of citizenship.

Eligibility can still depend on the family’s specific citizenship history, including historical citizenship rules and any prior loss, renunciation, or revocation of citizenship. 

People Adopted Abroad Before December 15, 2025

The amendments may also assist people adopted abroad by Canadian citizens who were previously affected by the first-generation limit. However, adoption cases follow a different legal process.

A person adopted abroad does not generally become a Canadian citizen automatically. Instead, the person or their representative must apply for a grant of citizenship. The adoption must meet the requirements in the Citizenship Act, including requirements relating to the best interests of the child, a genuine parent-child relationship, compliance with applicable adoption laws, and the purpose of the adoption.

Children Born Abroad On or After December 15, 2025

For children born outside Canada on or after December 15, 2025, a Canadian parent who was also born abroad may pass citizenship by descent only if the parent has a substantial connection to Canada.

The substantial-connection requirement is generally met if the Canadian parent was physically present in Canada for at least 1,095 cumulative days before the child’s birth. The days do not need to be consecutive.

 

Children Adopted Abroad On or After December 15, 2025

For an adoption occurring outside Canada on or after December 15, 2025, an adoptive Canadian parent who was also born abroad must generally meet the same 1,095-day physical-presence requirement before the adoption, in addition to the other requirements for a grant of citizenship based on adoption.

A Practical Example

Consider Sarah, a Canadian citizen who was born in Germany while her Canadian parents were working abroad.

• If Sarah has a child born abroad before December 15, 2025, that child may now be a Canadian citizen by operation of law, depending on the family’s specific citizenship history. The child may apply for a citizenship certificate as proof of status.

• If Sarah has a child born abroad on or after December 15, 2025, Sarah must generally have been physically present in Canada for at least 1,095 cumulative days before the child’s birth to pass citizenship by descent.

• If Sarah adopts a child abroad, citizenship is not automatic. The adoption-based citizenship process requires an application and satisfaction of the statutory adoption requirements. If the adoption occurs on or after December 15, 2025, Sarah must generally also meet the 1,095-day physical-presence requirement.

Why Dates, Family History, and Documentation Matter

Citizenship by descent cases often turn on exact dates, family history, prior citizenship status, adoptions, and records of time spent in Canada. Calculating physical presence and determining which rules apply require careful attention to the facts of each family’s situation.

Where physical presence must be established, relevant documents may include passports, travel records, school or employment records, tax records, leases, and other documents showing time spent in Canada. The documents required will depend on the individual circumstances and current Immigration, Refugees and Citizenship Canada requirements.

 

This article is provided for general information only and is not legal advice. Eligibility for Canadian citizenship and the appropriate application process depend on each family’s circumstances.

If you have questions about Canadian citizenship by descent, a citizenship certificate application, or citizenship following an international adoption, contact us today to discuss whether we can assist with your matter.  www.triolaw.ca(506) 262-9401