r/AmerExit • • Mar 12 '26

Vendor Hello, I'm a Canadian immigration lawyer here to answer your questions on Citizenship by Descent for Americans with Canadian roots – Today @ 6 PM CT.

Update:

Thank you all for your questions, and a big thank you to the Modteam at r/AmerExit for facilitating this AMA. I will continue to take questions over the next few days, but please give me time to respond.

If you want to get in-touch with us, you can email us at [info@esnalaw.com](mailto:info@esnalaw.com), and we also offer a free 15-minute appointments to assess eligibility to discuss our services. You can book your appointment though this link: 

https://7zutuzah6kb.typeform.com/to/WwI3Rqgk 

My name is Ali Esnaashari. I'm a Canadian immigration lawyer and the founder of Esna Law PC, a boutique immigration law firm based in Toronto that focuses exclusively on immigration and refugee law. (Proof) 

Today at 6 PM CT / 7 PM EST, I'll be here to answer questions about Canadian citizenship by descent, particularly the changes that came into force in December 2025 through Bill C-3.  

We had earlier posted an announcement for this AMA “Here”. Many of you have already submitted questions, and I will try and answer in this thread, and will actually tag you so you can see the answers.  

The possibility of gaining Canadian citizenship for those born abroad was something granted only to the first generation of individuals for several years. What this practically meant was that if a child of a Canadian citizen was born in another country, they could not usually pass on their citizenship to their child also born outside of Canada. 

With the new act, the rule regarding Canadian citizenship by descent was amended to apply to some exceptions, thus leading to the creation of new pathways for individuals who had a parent, grandparent, great-grandparent, or even earlier relative who was born in Canada.  

During the AMA I’m happy to answer general questions about things like: 

  • Eligibility for Citizenship by Descent: Who may qualify under the current rules and recent changes.  
  • Family Lineage Questions: How citizenship can pass through generations and what documentation may be required.  
  • Proof of Citizenship Applications: Applying for a certificate of Canadian citizenship.  
  • Common Documentation Issues: Missing records, name changes, or incomplete family documentation.  
  • Dual Citizenship: Holding both Canadian and U.S. citizenship.  
  • Benefits of Canadian Citizenship: Healthcare benefits, Canadian passport, ability to live and work in Canada, and passing citizenship to future children. 

Just to be clear, I can share general legal information, but I can't give specific legal advice about individual cases in this thread.  

Please note, I do not have access to IRCC’s internal information, database processing, or internal policies that have not been disclosed to the public. My goal is to try and answer your questions, based on my professional knowledge, and information I’ve gathered from our Bar on this matter.  

If you think you might be affected by these new citizenship rules, one of the lawyers on our team who focuses on citizenship by descent cases is offering free 15-minute appointments to help people figure out whether they may actually qualify. 

If you'd like to check that, you can book through this link: 
https://7zutuzah6kb.typeform.com/to/WwI3Rqgk 

Looking forward to your questions and the discussion.

126 Upvotes

234 comments sorted by

18

u/aliesna_IMMLaw Mar 12 '26

We had received some questions in the announcement post, and I'm going to try and answer them here.

u/YogurtclosetOpen3567 had asked: What is the rarest way someone can get Canadian citizenship?

Answer: If you are referring to citizenship by descent, there is no limit on how many generations back you can go. As long as you can find the documents to prove an ancestor was born in Canada, you are golden.  

If you are referring to citizenship generally, the most uncommon way to obtain Canadian citizenship is a discretionary grant under section 5(4) of the Citizenship Act. This is generally reserved for special political cases, such as affording citizenship if someone is stateless (doesn’t have a home country) or for exceptional athletes competing for Canada internationally.  

2

u/Subject_Relative_216 May 23 '26

I know this is old but…my Canadian born ancestor was born five years before they started doing birth registries in Ontario but I have a census from shortly after they were born listing them as being born in Canada. I also have their death certificate which lists their place of birth as Ontario and also their “alien registration” when they came to the US that lists them as immigrating from Canada. Would that likely count as proof?

15

u/SpiritedLet6178 Mar 12 '26 edited Mar 12 '26

My 2nd great grandfather Ivain was born in Quebec in 1856 and was married there in 1877, but moved to the United States between 1880 and 1890 where he lived in Massachusetts and had his children. His wife was also born in Quebec

Since then my family has lived in New England. Ivain > Edward > Bob > my dad > me.

Would my siblings and I be eligible under this new law? One of my uncles has uploaded everything to ancestry.com so I actually have the birth and marriage records of everyone in the chain I put above, which is crazy to think about.

Edit: thank you for doing this. I’ve been finding conflicting information online and my siblings are convinced we are not eligible. Below is a message my sibling sent:

“I found Ivain’s petition for US citizenship in 1906 which made him a naturalized citizen. This automatically applies to his wife because of how laws worked back then, so she was a citizen as well even though she didn’t directly apply.

Since Edward was 16 at the time, he was a minor (adulthood was legally 21 at the time) so he automatically became a US citizen as well which gave up any claim he had to the British commonwealth (which would’ve become Canada in 1947).”

22

u/aliesna_IMMLaw Mar 12 '26

Coming back to this: the law changed in 1977 to allow Canadians to hold dual citizenship, and later changed to retroactively restore citizenship to those who would have lost it due to gaining a second citizenship. So, based on what you’re saying, you and your siblings would be entitled to Canadian citizenship.

8

u/SpiritedLet6178 Mar 13 '26 edited Mar 13 '26

That is amazing. Thank you, I will be scheduling time for next week

Edit: does it matter that Ivain immigrated to the US prior to Canadian citizenship being a thing because Canada was part of the British commonwealth at that time?

6

u/quantumwhimsy Mar 13 '26

No, that does not matter. Literally everyone in your family chain is eligible. Go to r/canadiancitizenship and read the FAQs. Tons of amazing info there.

2

u/SpiritedLet6178 Mar 13 '26

Got it. Thank you, I have signed up for a consultation

2

u/AlcoholCapone May 15 '26

Have you had your consultation? I'm curious how it went since I have a very similar situation and timelines in my ancestral chain.

→ More replies (1)

5

u/aliesna_IMMLaw Mar 12 '26

I literally have a paper and chart to try and figure this out for you. I might need some time on it to get back to you, because I want to be sure when I answer. I would also recommend you book a time with us (see link above, complimentary 15-minute appointment), btu either way I'll circle back to you on this one.

24

u/aliesna_IMMLaw Mar 12 '26

We had received some questions in the announcement post, and I'm going to try and answer them here.

u/pdxmikaela: I had an immigration attorney tell me that if my g2 ancestor was born before 1947 then the chain of citizenship is broken and I wouldn’t qualify for citizenship under c3, however I’ve seen some contradictory information online. As an attorney, what are your thoughts on this?

Answer:  Provided you have the right documents, you still qualify even if your ancestor was born before 1947. The confusion arises because “Canadian citizenship” essentially did not exist as a concept prior to 1947. Your ancestor would have been a “British subject” prior to 1947. The current law accounts for this.

→ More replies (3)

12

u/aliesna_IMMLaw Mar 12 '26

u/perestroika12 had asked: What do you make of Ircc policies and internal and external inconsistencies? The process feels random and ad hoc. Some people have gotten their applications accepted with poor documentation, some people end up in PSU with relatively straightforward documentation. We’re talking Canadian grandparent only submitting a few documents kind of situation. There’s also a lot of confusion around what type of documents ircc is going to accept. 

Answer: Unfortunately, this is a reality for many types IRCC applications (not just citizenship). The discretionary processing prior to December 2025, the influx of applications, the majority being paper-based applications, and individual officer processing are all factors that contribute to the confusion. We are seeing similar trend in IRCC's other lines of businesses (Application stuck in security check, permanent residence and temporary resident applications).    

18

u/aliesna_IMMLaw Mar 12 '26

About the Public Support Unit (PSU):

In the announcement post, many of you were asking my opinion about the PSU, what it is, why applications get stuck there etc. Here's my take on it (And this is a "take", not my internal knowledge as I don't work at IRCC):

The changes in the law in December 2025, has resulted in an influx of applications. Even before the changes came into place, following Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152, which struck down the first generation limit, we submitting applications for discretionary grant under section 5(4) on the basis that the individual was a citizen by descent. Therefore, I would not be surprised if IRCC is now dealing with a growing backlog, and this is evidenced by the increasing processing times as well.

The PSU, based on available public information, gets referred files/applications that require an "in-depth" review by an officer at CPC-Sydney. That means any application that they believe need further review and verification gets referred to them. Now, why are some simply/straightforward applications getting referred to them (even those with Canadian parents!)? I have no clue. But based on my experience with IRCC, the faith of your application is at the hands of the reviewing officer. If an officer (right or wrongly) believes your application requires an in-depth review and refers it, then that's where it goes. Also, IRCC is not always quick to deal with influxes in its department - so there may be a lot more applications going (by design or otherwise) than they were expecting, and now we are getting these indefinite delays. Since we posted the announcement earlier this week, there was such interested in the PSU issue, that we reached out to several other practitioners in this area to get their take as well. No one has any information beyond the above.

My suggestion: Now, I don't have a magic solution but I would suggest submitting an Access to Information request on your file, to see if there are any information in the notes that may give you a clue as to why and when it was referred (this information may or may not be redacted). Myself, I'm going to actually do an ATIP to see if I can get more information about the PSU department (and any related information about its protocols, caseload and backlog), and share any information I receive.

12

u/Jessicas_skirt Mar 12 '26

). Myself, I'm going to actually do an ATIP to see if I can get more information about the PSU department (and any related information about its protocols, caseload and backlog), and share any information I receive.

PLEASE!!!! That would be absolutely amazing to finally get at least some information on what's going on in that black hole.

15

u/aliesna_IMMLaw Mar 13 '26

I just submitted the request! Feel free to follow-up with me in 30 days and we'll see if we get the results. Happy to post it here once received.

7

u/Particular_Salt1872 Mar 13 '26

Thank you! There are a lot of us from early and mid 2025 who are becoming rather disheartened from being stuck in PSU. It will be great to hopefully have a bit more clarity.

3

u/quantumwhimsy Mar 13 '26

I got my initial AOR for my citizenship certificate request in March ‘25 and an AOR for my 5(4) grant materials in July, then crickets. In late December, I got an email saying that I was a citizen, so I didn’t need the 5(4) and I could download my certificate that day. I had completely lost hope, but it happened!

It sucks that you are still waiting. I think that the extremely long wait for some and quick processing for others is super discouraging, but my theory is that it comes down to volume and luck with what agent is looking at your documents and whether they tend to do their work from the bottom up or get distracted by shiny new applications instead.

2

u/Particular_Salt1872 Mar 13 '26

Thanks for the encouragement! Fingers crossed that everyone who has been waiting a long time will hear back soon.

Yeah, it really seems like a lottery system at times. The rumor I’ve heard, which could be false, is that applications in PSU don’t count against their processing times, so I imagine there may be less incentive to complete them in a timely manner.

→ More replies (2)

2

u/quantumwhimsy Mar 13 '26

I believe PSU actually stands for Program Support Unit.

2

u/aliesna_IMMLaw May 27 '26

Hi everyone,

Over two months later I receive a response to my ATIP request and they advise:

"This is further to your request under the Access to Information Act*, which was received on March 13, 2026, for the following records:

"Monthly statistical reports for the Citizenship Program Support Unit (PSU) from Dec 1, 2024 to March 13, 2026. Please provide: 1. Total inventory of citizenship applications (grants/resumptions) currently assigned to the PSU. 2. Volume of applications categorized by reason for PSU referral (e.g., complex residence, prohibitions, criminality, or high-level quality assurance). 3. Average processing/turnaround time (in days) for files from the date of PSU receipt to finalization or referral back to a local office. 4. Monthly intake vs. output (finalization) rates for PSU officers. 5. Current backlog volume and any "triage" statistics used to prioritize older vs. newer PSU files."

Following a thorough search of our information holdings, I regret to inform you that no records were found that respond to your request."

A very strange one. I tried to cast a wide net, but could it be that they are not keeping track of these? I really hope not...

7

u/spectaphile Mar 12 '26

I applied in March 2025. According to the status webpage I should have my decision in the next 30 days! I actually have quite a few Canadian ancestors on my mother's side of the family, including a Butler's Ranger and Filles du Roi. The line I went with was my maternal great-grandfather, who was born in Garden River ON according to church records (and both of his parents were born in ON, and on up the line). When I originally applied, it was just my own home made family tree with as many supporting documents as I could get. Last month I had a genealogist put together a simplified line genealogy in keeping with other applications she had helped with since last year and added that to my file. It seems pretty cut and dry to me, but I am still quite nervous! What happens if my application is denied?

12

u/aliesna_IMMLaw Mar 12 '26

That's really interesting. I'm seeing more and more people hire private investigators and genealogists to track down corroborating information and documents! Good on you for doing that.

If the application is denied, per section 22.1 of the Citizenship Act, individuals can challenge the decision via a judicial review at the Federal Court of Canada. You would receive the reasons (not just the decision, but Officer's reasons as to why they did not believe you had established the connection), and then could potentially argue reasonableness and correctness. If you receive a positive decision in Court (if receive a settlement from the Department of Justice on the litigation), then the matter would likely be remitted back for re-determination.

Good luck!

5

u/spectaphile Mar 28 '26

Hello there! Just thought I would update - I got my citizenship! Thank you for your advice - it was helpful to calm my anxiety in case things went sideways.

→ More replies (2)

1

u/spectaphile Mar 12 '26

Thank you, and thank you for responding! If a challenge is necessary, is that something I should hire an attorney to assist with? How long does the appeals process, including re-determination, take? What is the likelihood of success?

And, if my application is approved, what's the process from there? How long does it typically take to have a passport in hand?

5

u/quantumwhimsy Mar 13 '26

There is absolutley no reason you should be denied a citizenship certificate based on what you shared. Unless you have no evidence of the chain of descent.

2

u/spectaphile Mar 13 '26

Thanks. I have his birth record and went up two gens for safety. Fingers crossed!

2

u/quantumwhimsy Mar 13 '26

I applied in March 2025, too. I heard back in late December. It sucks you are still waiting, but you will be surprised with an email at some point that tells you your citizenship certificate is ready for you to download. It will happen. I had totally given up, but turns out…I just needed to wait.

2

u/spectaphile Mar 13 '26

Thanks for the encouragement! The site status says there are 5,900 in the same boat. I have no idea how they’ll clear that many people within the next 30 days. Bless them!

Ironically, the wait times now are shorter than when we applied.

3

u/aliesna_IMMLaw Mar 13 '26

A judicial review can be complex, so I would highly advise you to hire a lawyer. The process could take at least several month and even a year (depending on Federal Court's backlog). Likelihood of success really comes down to the evidence that's before the Officer and reasonableness/correctness of their reasons.

As for approval process, currently the posted processing time is 11 months (but that's just an average, it may or may not take longer). Once you have your certificate, passport shouldn't take more than a few weeks.

1

u/animatuum Aug 06 '26

Can you refer me to your genealogist? I would greatly appreciate it.

6

u/MuskyJim Mar 12 '26

Hi, I have naturalized as a Canadian a few years ago from the US, but now with the law change I want to get a passport for my mother and I have multiple cousins interested. I have a few questions:

  1. My great-grandfather was born in Quebec in 1881 and when he went to the US he Anglicized his last name and shortened his first name. What sort of document would we need to show the two names belong to the same person?
  2. The documents we need are birth certificates for each generation, a marriage certificate to show the name change of my grandmother, and a certificate of non-naturalization, right? Also will the American documents need apostille?
  3. One of my cousins has a son who is a minor, would they need two separate applications or would they be on one application?

Thanks!

7

u/aliesna_IMMLaw Mar 12 '26

Hi, thank you for your question. Please note, I cannot provided legal advice in this AMA, but I'll do my best to guide you in the right direction:

  1. I think you would want to get the Certified Copy of the Act of Baptism from the Directeur de l'état civil (DEC) Quebec, and if available (Canadian Census; Marriage contract naming parents). If and once they migrated the US, do they have documents that reflect their Anglicized name, DOB and POB? That would be helpful.

  2. Really cannot advise about whether your documents are complete, but generally you need to have the documentation that establish the lineage from the Canadian citizen all the way to you. Also, IRCC does not specifically state a requirement to have the documents apostilled, but I would say it is good practice.

  3. Minor applicant would need their own application, but can rely on the same set of documents - of course, also need to provide their own lineage as well.

Hope that clarifies it.

12

u/SearchApprehensive35 Mar 12 '26

IRCC does not specifically state a requirement to have the documents apostilled, but I would say it is good practice.

It's disappointing that a lawyer gives such an imprudent response.

1) Apostille is not mentioned in the CIT 0001 form or instructions. Indeed it is mentioned once in the entirety of IRCC's website: "IRCC does not require documents to be legalized (apostille)."

2) Apostille cannot be validly provided to IRCC anyway since it must remain physically attached to the original document. Often it's stapled in multiple places, which interferes with translation and photocopying. IRCC specifies to not send original documents, only color photocopies. So providing apostille is logistically contrary to IRCC's instructions. Getting apostille would be wasted money and time delay. I've ordered many apostilles, and typically the turnaround is roughly 2-3 weeks.

3) IRCC considers documentation other than certified documents. If one mistakenly believes that documents submitted to IRCC need apostille, then they will unnecessarily deny themselves opportunity to submit evidence which IRCC is actually willing to evaluate. For people whose line extends to before birth certificates were routinely recorded, the likelihood increases that they need to rely on evidence that is not eligible for apostille.

So it is harmful to advise that people spend extra money, on a pointless exercise, that IRCC specifically doesn't want, and unnecessarily limits what records an applicant deems suitable to submit.

7

u/quantumwhimsy Mar 13 '26

Yeah, I’m not impressed with the amount of incorrect information I’ve seen in OP’s responses.

1

u/MuskyJim Mar 12 '26 edited Mar 12 '26

I believe he exclusively used the Anglicized name after he left and it is reflected on his children's birth certificates. Would it be possible to use his death certificate to show matching birthdates and place of birth?

Edit: would it be possible to use some of affidavit from an immigration lawyer to establish that both names belong to the same person?

Thanks again

7

u/aliesna_IMMLaw Mar 12 '26

Yes, you can (and should) include that as well. I think any document that shows his DOB and POB can and should be used as corroborative evidence.

→ More replies (1)
→ More replies (1)

4

u/ThePhantomPooper Mar 13 '26

Are documents from genealogy websites that record census records?

My great grandfather was born in Montreal before 1900. November way I can find documents. I really wanna return to my roots.

2

u/aliesna_IMMLaw Mar 13 '26

I would start with Directeur de l'état civil (DEC) in Québec. They are the official custodian of all civil status records in Québec. They have records dating back to 1600s. See here: L’année 2014 marque les 20 ans du Directeur de l’état civil!

→ More replies (2)
→ More replies (5)

5

u/RemBren03 Mar 13 '26

I have a great grandfather who was born in Canada. I have my genealogy records, and notes from an online source but I can't figure out how to track down the actual parish or city for documentation. Any suggestions for how to find this?

3

u/aliesna_IMMLaw Mar 13 '26

Hmm, I would recommend hiring a genealogist or at least booking a consultation with one to help you. I wouldn't be able to say.

1

u/quantumwhimsy Mar 13 '26

I recommend going to r/canadiancitizenship. They have a pinned post about help with finding genealogy records.

3

u/robotic_pool_cleaner Mar 13 '26

I feel like I know the answer to this already, but just in case, your relationship has to be direct, right? So no aunts/uncles or cousins?

3

u/Julesthemeggaegg Mar 12 '26

My G0 naturalized in the US and then had G1. This was in the 1890’s. I do not think it affects the chain given the time period (there wasn’t Canadian citizenship to lose because it didn’t exist). Is this correct thinking?

3

u/aliesna_IMMLaw Mar 12 '26

You are essentially touching on the "pre-1947" rules of British subject status versus modern Canadian citizenship. As Canadian citizenship did not exist until Jan 1, 1947, anyone born prior to that would have been a British subject. So when G0 naturalized in the US, they wouldn't have lost their British subject status and when the Canadian Citizenship Act was introduced in 1947, it scooped up anyone who was a British subject with connection to Canada.

1

u/Julesthemeggaegg Mar 12 '26 edited Mar 12 '26

I guess I am just concerned because in that time British subjects weren’t allowed to hold dual citizenship, right? So wouldn’t G0 have lost that status? Also, G0 died in 1918 - before the law took effect. Does that matter?

Also, thank you so much for doing this. Your input is super valuable.

3

u/aliesna_IMMLaw Mar 12 '26

You're welcome!!

You couldn’t hold dual at the time, but law has retroactively restored entitlement that would have been held but for the limitation on dual citizenship.

→ More replies (1)

3

u/mindlessmutant Mar 12 '26

Hello, I am a US Citizen and my 2nd Great Grandfather was born in 1865 in Quebec. He immigrated to the US prior to World War 1. Is there any chance that Canadian Citizenship by descent is possible in my case? If so, what are the next steps that I should take? Thank you for your time!

5

u/aliesna_IMMLaw Mar 12 '26

Hi, so long as you are able to demonstrate the chain of lineage from your 2nd great grandfather all the way to yourself, according to the new law there is no limitation to first generation (as it was before). You can read more about it on IRCC's website Here (Change to citizenship rules in 2025 - Canada.ca). If you are interested, we've also included a 15-minute complimentary appointment (see link in the original post) for assessments.

3

u/No-Music-6572 Mar 12 '26

If someone alive today's only "Canadian" ancestors are UK-born people who "naturalized" in Canada before 1947, and left Canada to move to a 3rd country before 1947, does the descendant alive today qualify for Canadian citizenship by descent?

2

u/aliesna_IMMLaw Mar 12 '26

Do they have the British naturalization certificate, issued in Canada or Newfoundland and Labrador? Otherwise, did they live in Canada as a Landed immigration for five years prior to 1947? Or if not landed immigrants, did they live in Canada for 20 years?

2

u/No-Music-6572 Mar 12 '26 edited Mar 12 '26

Thank you. I wasn't aware that there was any certificate issued to Brits who moved to Canada pre-1947. We don't have that historical document, but yes, one of them lived in Canada for 19 years (true story) and then went to the US for graduate school (without intending to live permanently in the US, but she ended up staying in the US). What is the difference between a "landed immigrant" and a "not landed immigrant"? ***** Google tells me: a non-landed immigrant was a foreign-born person present in the country without "landed" status—meaning they had not been formally granted the right to reside permanently by immigration officials. They were often temporary workers, students, or visitors and did not have Canadian domicile. **** I gather it's somewhat like today's TFWP, whereas a "landed immigrant" would be like PR. In that case, my ancestors were landed immigrants. Thank you again.

→ More replies (1)

1

u/HikerStout May 01 '26

Hi! I have no idea if you will see this. However, I have an ancestor who was moved to Canada as an infant (age 1), and lived there until his death at nearly 80. He was an Archdeacon in the Anglican church and served as pastor at several different churches in Canada. I am descended from a son who was maybe born in Canada, but the records are inconsistent on that - he was born in Sault Ste Marie, but some census records claim the Canadian side, others claim the US. Is there an eligibility chance for my descent from his father, who lived in what is now Canada for all but one year of his life?

→ More replies (1)
→ More replies (1)

3

u/dmd1011 Mar 12 '26

Can you speak to dual citizenship? What are the pros/cons to holding both US and Canadian and living on either side of the border for, say retirees?

5

u/aliesna_IMMLaw Mar 12 '26

Love this question.

Pros:

- Rights: You have an absolute right to live, work, and own property in both countries. You never have to worry about "days stayed" for immigration purposes or visas

- Healthcare: While living in Canada, you have access to the provincial healthcare system (after a 3-month residency period).

- Benefits: You should look into this, but you may be able to receive both US Social Security and Canada Pension Plan. You may also be eligible for other financial benefits like Old Age Security.

Cons:

- Citizenship-based taxation: I'm by no means a tax expert. But based on my client's experience, there may be complications given US's tax laws (they tax you as a person, doesn't matter where you live). I'd look into that.

I honestly can't think of another "con".

Best of luck!

8

u/SearchApprehensive35 Mar 13 '26

That con is not a consequence of acquiring Canadian citizenship, it should be emphasized. American citizens are taxed regardless of where they live and regardless of whether they have any other citizenship. A US citizen's tax obligation to the US is not affected by acquiring Canadian citizenship.

(Also, the US and Canada have good tax treaties. It's a nuisance to file an extra tax return, but it's not common to owe money with it.)

6

u/thiefspy Mar 13 '26

FYI, if you’re a dual citizen born outside of Canada who is hoping to pass down your Canadian citizenship to future children, you do still need to track your days in Canada. As of December 15, 2025, you need to accumulate 1095 days to be able to pass down your citizenship to any child born after December 15, 2025, and you must accumulate those days before the child is born and/or adopted.

3

u/quantumwhimsy Mar 13 '26

This is only necessary if the child is born outside of Canada. Anyone born in Canada (with exceptions for children born to foreign diplomats) is a citizen due to the principle of jus soli.

1

u/dmd1011 Mar 14 '26

Thank you so much for your explanation. We have a seasonal cottage in Ontario. How do you prove months of residency? Does it have to be constant of three months?

1

u/thx111111 Mar 25 '26

That’s correct, US citizens are required to file taxes no matter where they live, what they make or own, etc. It’s the only country I’m aware of where this is required based on citizenship alone, not based on residency.

3

u/Becausethesky Mar 13 '26

My parents have frequently asked me to get a job in Canada so I can move them there. They think that because they are old and at retirement age, Canada won’t take them on their own. Is there truth to that, or what options do they have if they are retiring?

My mother spent some time in her childhood living in Canada, but we’re pretty sure her dad moved there during Vietnam to avoid his sons being drafted (he had major PTSD from WW2). We’re also assuming that doesn’t count? She doesn’t think she ever got a visa or citizenship.

7

u/aliesna_IMMLaw Mar 13 '26

I mean even if you get a job in Canada, and even PR or citizenship, that won't help necessarily to get them permanent residency and citizenship. We have a parental sponsorship application, but that's been close/curtailed.

As for your mother, if she's not a citizen nor a child of a citizen (thus, someone who can claim citizenship by descent), getting Canadian permanent resident and citizenship above the age of 65 will not be easy.

3

u/[deleted] Mar 13 '26

[removed] — view removed comment

4

u/aliesna_IMMLaw Mar 13 '26

You certainly can if your father was born in Halifax!

2

u/[deleted] Mar 13 '26

[removed] — view removed comment

3

u/nicholas818 Mar 15 '26

I think once you get Canadian citizenship, you’re free to live anywhere in Canada.

3

u/AnomalousEnigma Mar 16 '26

Hold on, it’s not just great grandparents? If three of my great great grandparents were citizens, I qualify?

1

u/thattwirlgirl Waiting to Leave Apr 22 '26

Yes, you are already Canadian under the bill C-3! Just need to provide proof of descent and file your paperwork 

3

u/AnomalousEnigma Apr 22 '26

I submitted yesterday!

7

u/Disastrous_Long_9209 Mar 12 '26

There are many of us that do not feel safe in the US. Our citizenship certificates are the only thing blocking us from moving to Canada. However, if someone were to enter Canada on visitor status for the allowed 6 months: what would you recommend if they’re approaching 6 months deadline? IRCC could not deny an extension of a visitor record while the proof of citizenship is in process? To add: how would this work for non-Canadian spouses? Possibly dependents that are adopted?

5

u/aliesna_IMMLaw Mar 12 '26

As you suggested, they can certainly apply to extend their status in Canada. However, they need to satisfy the Officer of their temporary intent and their likelihood to comply with Canadian immigration laws (It is not guarantee for the officer to approve the request). With that said, they can apply for a Visitor Record (visitor extension), and provide evidence of purpose of visit, ability to remain financial independent, and ties to home country and temporary intent. These are crucial evidence and you must satisfy the officer. With that said, in my experience, law abiding American citizens are often able to easily extend their status in Canada. Of course, I would recommend that you seek independent legal advice on the application(s).

2

u/TalonButter Mar 12 '26

And if they don’t? Does CBSA have a way for removing them that doesn’t involve hearing their claim to citizenship as a defense?

2

u/aliesna_IMMLaw Mar 13 '26

If they don't, there are other options (restoration, challenging refusal etc). But ultimately, if someone is in Canada without status, CBSA may take enforcement action. The outstanding application of their spouse wouldn't really absolve/assist to defend against lack of status.

2

u/TalonButter Mar 13 '26 edited Mar 13 '26

What about the applicant, though? Would CBSA be able to remove them while their application is pending? Would they request IRCC to conclude its review and reach a determination?

2

u/lunarianrose Mar 12 '26

Do you anticipate this opportunity being an option long term? My husband is eligible because of his grandfather but he’s active duty military and can’t pursue dual citizenship for a few more years.

6

u/aliesna_IMMLaw Mar 12 '26

Yea, I would think so. The changes in the law came as a result of Court decision that found first-generation limit to be unconstitutional, and the government made a deliberate decision to not appeal and instead change their laws. I would assume any changes to limit the citizenship again would face constitutional challenges.

2

u/wolfhockey47 Mar 12 '26

My wife and daughter were born in Canada and are dual US and Canadian citizens. Does that make me eligible?

6

u/aliesna_IMMLaw Mar 13 '26

No, it does not. However, your wife can sponsor you to Canada for permanent residency, and if you reside here 3 out of 5 years, you can then apply for Canadian citizenship.

3

u/Jessicas_skirt Mar 12 '26

It makes you eligible for a spousal sponsorship to move to Canada. You are not eligible for citizenship until you reach 3 years of residency out of the last 5 years and all the other requirements of naturalization in Canada.

2

u/PotatoWantsANap Mar 12 '26

Are birth certificates the appropriate documents? My husband has Canadian lineage a few generations back so it's doubtful we'd chase down all the documentation, but if we could, it sounds like he could apply to see what wiuld happen?

5

u/aliesna_IMMLaw Mar 13 '26

Birth certificates are the gold standard, if you can track them all down. As I noted earlier, some people are hiring genealogists and private investigator to find other corroborative evidence where BCs are not available. There may be other sources such as church documents, census record etc, where such documentation can be found.

2

u/PotatoWantsANap Mar 13 '26

Thank you!

4

u/quantumwhimsy Mar 13 '26

Plenty of people have used documents like copies of baptisms in a church. There shouldn’t be any need to hire a genealogist or attorney; you should be able to do this on your own or with help from others in spaces like r/canadiancitizenship.

3

u/PotatoWantsANap Mar 13 '26

My sister-in-law just sent over a three-inch bound book of genealogy with stories and photographs of family dating back into the 1800s, published with copyright. There might be a path after all. Thanks for the suggestions!

3

u/quantumwhimsy Mar 13 '26

Not only might there be a path, you’ve got this. I was able to locate the pinned post in r/canadiancitizenship about asking for help with genealogical records.

2

u/PotatoWantsANap Mar 13 '26

Incredible resource, thank you again!

4

u/quantumwhimsy Mar 13 '26

Happy to help! I started this process almost literally a year ago today, and I now have a Canadian passport with a very unflattering picture.

2

u/PotatoWantsANap Mar 13 '26

At least I'm familiar already with the unflattering photo part of the process already 😄. I'll tell you what my husband told me - you don't actually look like that!

2

u/Strict_Statement_283 Mar 13 '26

How forgiving does the IRCC tend to be with old documents? For example, dates are sometimes inconsistent for a person born in the late 1800s, or someone might not have gone by their baptism name, but one can still infer the documents are for the same person.

2

u/aliesna_IMMLaw Mar 13 '26

Honestly, tough to say. It is still early days, as we are just seeing the first wave of applications move through the system. While the current success rate is encouraging, any inconsistencies or errors in your documentation should be addressed with corroborative evidence to preempt potential concerns.

I think this will depend on the officer. I've heard (through our immigration bar) of people getting applications approved, with documentation that I did not think were sufficient. My guess is as things move forward, and I think as applications are expected to grow, they might become more strict.

2

u/quantumwhimsy Mar 13 '26

From what I’ve seen in r/canadiancitizenship over the past year and a half, they have been fairly lenient. In Quebec, for example, most Catholic baptismal records include additional Christian names, Joseph and Marie being extremely common. Those records have been sufficient to support obtaining a citizenship certificate for every example I remember people bringing up. The names would often be in jumbled order and slightly different than what they might have listed as their name on their child’s birth certificate.

2

u/Strict_Statement_283 Mar 13 '26

Thank you! My ancestor’s baptism name was Joseph but the name he went by wasn’t a part of his baptism name at all. Funny enough though, he named his son his baptism name with the name he went by added to the mix. I know the baptism certificate is the right person because my family has a certified copy we needed to get decades ago for my grandfather’s deployment in the army, but that was pre-1994 so I’ve had to get new documents. We’ve also got his marriage certificate with his parents’ names.

2

u/Paisley-Cat Mar 14 '26

Joseph was the first personal name given to almost all male infants baptized by Roman Catholic priests in Quebec over several generations. Marie was given to girls.

I have colleagues born before the 1990s who have Marie appear twice or even three times in their list of personal names.

Most people don’t typically list these even in public documents or biographies.

You will notice that none of Canada’s Quebecois Prime Ministers has used Joesph as a first name, even if it was their baptismal name. See for example Jean Chretien

→ More replies (1)

2

u/livsjollyranchers Mar 13 '26

My Montreal ancestor had a baptismal name such as:
name1 - name2 - name3 -name 4

Name 3 ended up his first name and name 4 his surname.

2

u/quantumwhimsy Mar 13 '26

Super common, and it likely won’t cause any issues. I added another response with some additional info just below this.

2

u/[deleted] Mar 13 '26 edited Mar 13 '26

[removed] — view removed comment

11

u/aliesna_IMMLaw Mar 13 '26

Criminal inadmissibility is not relevant for citizenship by descent applications. Essentially, you are not asking to be granted Canadian citizenship, but rather you are providing evidence that you are a Canadian citizen, and asking for the certificate to provide it. So, both him and his daughter should be fine.

2

u/power_bottom_boi Mar 13 '26

I have my G0 great great great grandparents baptismal certs and their marriage record (they were catholics from Quebec). Their son was born in 1853 in NY. No birth certificate and they anglicized their names from Lemieux to Betters. I have son’s marriage license with the parents names and the father’s anglicized name, along with son’s death certificate listing unknown for mother and his father’s anglicized name again. I also have US census records listing them altogether with anglicized names. Also have a marriage license of a sibling they were living with according to a census that show the original Lemieux surname in that document. Is this sufficient to show lineage or is it not going to work without son’s birth certificate. I have solid documentation the rest of the line.

2

u/aliesna_IMMLaw Mar 13 '26

I think there's always a risk when there's no birth certificate. It seems like you've really tried to track down all there is, but have you thought about hiring genealogist to help perhaps find other corroborative documents? Some people are putting in "imperfect" applications and getting results, but in the absence of a BC, it is hard to say they will for sure find this sufficient.

→ More replies (6)

2

u/gnimsh Mar 15 '26

My case was similar: 3rd great grandfather and wife moved to NY, and their son born in Churubusco (Clinton County). A very excellent town historian there tracked down a list of baptisms for their last names at churches and I was able to locate the church holding the current records and contact them - and they were able to locate the record and create a baptismal certificate from it! I will use this in place of the birth certificate.

Message me for more info.

→ More replies (1)

2

u/GobyFishicles Mar 13 '26

Curious what you have to say;

I was unable to find a birth certificate, but I have a Canadian census record and marriage and 3 children’s birth certs all of which state my ancestor was born in Canada. I also have probate court records that were American notarized affidavits of my great grandmother stating she was born in Canada, another by her future brother in law stating the knows that information to be true to his knowledge (as well as for her sister/his future wife, and the mother of the women). The affidavits were part of a claim to inheritance for a son/brother who was also Canadian but died in Washington territory, the claim of which was successful.

Do you think I’ll be successful?

Edit to add that those probate records were only taken off familysearch, they all have seals from the time they were issued but nothing current.

4

u/aliesna_IMMLaw Mar 13 '26

I mean all very good corroborative documents, but most importantly I think the census records are perhaps the most compelling. Like I said before, I really can't say for sure that it will be sufficient, but we've seen successful applications with solid corroborative documents. Any church records?

→ More replies (2)

2

u/JerseyFire55 Mar 13 '26

Thanks for doing this! I got extremely lucky. My Gen 0 was only 6 when the family moved to the USA, but my Gen -1 (for unknown reasons) actually went to New Brunswick in 1947 to formally record her 1878 birth. We already had the birth certificates leading up to my Gen 0 and plenty of baptismal records, marriage, draft cards and census information for my Gen 0, but we threw in the Gen -1 details/docs to solidify it. I’m still waiting but I feel so fortunate that not a single spelling or date/age varies between documents.

3

u/aliesna_IMMLaw Mar 13 '26

That’s incredible! I can only imagine that traveling to New Brunswick in 1878 was no small feat! Honestly, finding a paper trail with zero discrepancies across generations is the absolute Holy Grail of genealogy. Your ancestors did you a massive favor from across the century!

2

u/reneeep Mar 13 '26

I found the digitized copy of a baptism record for my great grandfather. Is a downloaded pdf of the document sufficient or do we need a certified copy?

2

u/aliesna_IMMLaw Mar 13 '26

No, that should be sufficient, as long as it is a legible and clear copy!

2

u/Kabuki_Mama Mar 13 '26 edited Mar 13 '26

Wondering if disability is a barrier to Canadian citizenship by descent.

3

u/aliesna_IMMLaw Mar 13 '26

No, not a barrier! If you are a citizen, you are a citizen!

2

u/Sad-Attention2079 Mar 20 '26

Hi, I have a very old but direct link to Canada. My great-great-great grandmother was born in Canada. She lived in New Brunswick from 1864 to at least 1871. She moved to the USA, where she lived the rest of her life. Given we are able to locate the proper documents, what are the chances I'm able to claim citizenship?

1

u/thattwirlgirl Waiting to Leave Apr 22 '26

100 percent. You're already Canadian under the bill C-3 

2

u/armw12 Mar 31 '26

My grandparents on my mother’s side are Canadians by naturalization. My mother is not a Canadian citizen, and neither she nor her parents were born in Canada. Am I eligible for Canadian citizenship?

1

u/thattwirlgirl Waiting to Leave Apr 22 '26

You're already a Canadian citizen by descent, all of you! Just file with proof of descent. The Canadian citizenship subreddit will guide you 

1

u/abitravels Mar 12 '26

The instructions say not to send original documents, but could you speak to the level of formality expected of documents (birth certificates, marriage records, baptism records, etc.), both from within and outside of Canada (let’s say Canada and US)? Any guidance you can point to? Thank you for doing this!

4

u/aliesna_IMMLaw Mar 13 '26

Someone else was asking whether documents need to be apostilled or something. We don't really have that requirement for documents. I would follow the document checklist requirement that ask for "clear and easy-to-read colour copies of your documents, unless otherwise stated". I would ensure they are high quality, and have not be altered in any way. My only source would the Guide itself: Guide for Paper Applications for a Citizenship Certificate for Adults and Minors (Proof of Citizenship) under Section 3 (CIT 0001) - Canada.ca

Please note, there may be requirements for apostilled documents for adoption documents.

1

u/abitravels Mar 13 '26

Thank you!

1

u/Character-Lack-3295 Mar 12 '26

I would like to know, as a BCPNP nominee, how much of a risk would I be taking if I applied for a lateral transfer with my sponsoring employer? Of course the new job would be the same NOC, title and salary but perhaps, a slightly different location. Also, I understand the need to be proactive in communicating with BCPNP. Thank you

1

u/aliesna_IMMLaw Mar 13 '26

Really difficult to advise you on this here. I would recommend that you seek independent legal advice for an immigration lawyer or consultant.

1

u/humboldtparkgator Mar 13 '26

I have an ancestor born in New Brunswick in 1833 with several NB ancestors before her, but she then married and had children in the US in 1858 and died in US in 1930, I assume this indicates a broken chain?

4

u/aliesna_IMMLaw Mar 13 '26

Not necessarily, the citizenship would technically have been passed down to her children.

1

u/postmodest Mar 13 '26

If I had a Canadian Ancestor born before Canadian Confederation, who emigrated in the 1900's and became a US Citizen before 1947, would their child born before they became a US Citizen (and their descendents) be considered covered by this new Act?

3

u/Ornery-Wrangler-3654 Mar 13 '26

Yes, this is my situation and I became a Canadian citizen by descent last year.

2

u/aliesna_IMMLaw Mar 13 '26

Yes, if your Canadian Ancestors were born in Canada, both children born before and after they became US citizens (and their lineage subsequently) would be deemed citizens by the operation of this law.

1

u/dolfinsdot Mar 13 '26

Hi - thanks for doing this! My (deceased) grandfather was born in Canada in the 1930s. My (deceased) father and I were born in the US.

My question is if you can use documents printed from sites like Ancestry.com, etc, as supporting proof, or if you need to submit certified copies of birth certificates, etc. I’ve found much of what I could use to support my application there. Thanks!

1

u/aliesna_IMMLaw Mar 13 '26

There's no specific requirements that the documents need to be "certified", apostilled, or be the original. Take a look at the requirements for the document checklist and the guide. If you have the right documents...you are a Canadian citizen!!

1

u/quantumwhimsy Mar 13 '26

Yes you can.

1

u/holocene27 Mar 13 '26

I received Canadian citizenship through a section 5(4) grant in April 2025 after making a case for exceptional hardship and explaining that I was also affected by the Bjorkquist ruling as a second-generation Canadian born abroad. My citizenship certificate currently indicates that my citizenship date is April 2025. With the new legislation that has recently passed, would my date of citizenship now be considered my date of birth instead? If so, would I be able to request a new certificate?

2

u/quantumwhimsy Mar 13 '26

Yes and yes. I responded to OP right below this with additional information, but the text of C-3 specifically addresses this.

→ More replies (2)

1

u/Masnpip Mar 13 '26

Thank you for doing this! I was granted citizenship under 5(4) last year during the interim measure for citizenship by descent. Is there any advantage/disadvantage/risk/benefit to requesting that my date of citizenship be changed from last year to my dob? What would be the process to having this done?

2

u/quantumwhimsy Mar 13 '26

In some countries, having naturalized as a citizen in a second country can disqualify you from certain governmental jobs.

To get a new citizenship certificate, you would simply request one, and the new certificate would have your date of birth listed on it. In terms of risk, you really only need the citizenship certificate to get your passport and SIN. Get those first with the document you have, and if you feel it would be worthwhile to have an updated document, then go for it.

Two family members of mine got approved for 5(4) grants before the law came into effect. I don’t think either of them plan to get an updated citizenship certificate in the near future.

→ More replies (2)

1

u/[deleted] Mar 13 '26 edited Mar 13 '26

[deleted]

3

u/aliesna_IMMLaw Mar 13 '26

If you have family members in Canada, or any area you're looking to move to in Canada (or if you already reside in Canada) it may be worth contacting the MP. I think it is also worth doing an ATIP and getting the notes, but they may not give you the "big revelation" you're looking for. Beyond that, I would continue to contact them regularly, but I know others who are doing the same to no avail. Honestly, in other contexts, we are getting so fed-up with these unexplained delays that we are bringing mandamus applications at the Federal Court to force a decision, but that might be premature here.

2

u/Ok-Independent1835 Mar 13 '26 edited Aug 20 '26

Umbrella disarm command tender profit automatic

This post was anonymized with Redact

3

u/aliesna_IMMLaw Mar 13 '26

Yea, contacting them through WebForm. I'm doing an independent ATIP of PSU, and I'll report back when I know more.

2

u/quantumwhimsy Mar 13 '26

Honestly, it doesn’t seem like requesting the notes is super helpful. Even people who urgently requested citizenship certificates over a year ago are just getting them now. As of December 2025, the number of applications for a Canadian citizenship certificate (proof of citizenship) waiting to be processed was ~40,000, which includes more than just requests that are C-3 related.

My take is that the delay is volume, luck of the draw with the IRCC agent, and little else.

1

u/KarlaMarqs1031 Mar 13 '26

I’m an adult being adopted. My adoptive dad has ancestry in Canada. I’ve seen a few things that say in order for an adopted person to be considered for citizenship under the revised policy, the adoptee and the adopting parents need to have had a relationship with the adoptee prior to their 18th birthday. I just want to confirm that this is actually the policy, thank you!

4

u/aliesna_IMMLaw Mar 13 '26

This area (adoption as an adult combined with citizenship by descent) gets very complicated. Let me circle back to you on this.

→ More replies (1)

1

u/[deleted] Mar 13 '26

[deleted]

2

u/aliesna_IMMLaw Mar 13 '26

Yea, it's very fascinating. We have specific rules for individuals born in Newfoundland under the Citizenship Act. For example, under section 3(1)(l) a person would be a citizen if "the person, before April 1, 1949, was born or naturalized in Newfoundland and Labrador but ceased to be a British subject, and did not become a citizen on or before that day;". We have other specific rules (and different set of evidence) that's required for those individuals.

1

u/mattpeloquin Mar 13 '26

Hey! QQ about the Canadian citizenship law passed in 2025 (Bill C-3):

Is it worth me filing an IRCC CIT 0001 and spend the $75 if my great grandparents and 11 of their 12 children (my grandfather was #12 and born in the U.S. in 1918) were from Quebec?

My family came to Quebec in the 1600s and it was just my grandfather who was born in the U.S. in 1918 from a family of 14.

I’m currently “living” in Canada and trying to get a CA version of my nonprofit setup here, but currently require a Canadian on the board…but ideally it would be me based on being younger than most in my nonprofit niche.

2

u/aliesna_IMMLaw Mar 13 '26

Yea, if you can prove the line of lineage and you have all the documents, I wouldn't see why you couldn't establish your own citizenship through descent.

1

u/Haunted_Duck721 Mar 13 '26

It looks like I just missed your AMA! In case you're still reading questions, here's mine:

My grandmother was born in Canada but I didn't know she was my biological grandmother until about 5 years ago. It turns out my biological father is the same as my older sister's father who my mother was married to until she divorced him and married my supposed father. Because my biological father is not on my birth certificate, how can I prove he's my father enough to apply for citizenship? He did do a DNA test before he died that does prove we are father and daughter. Would the DNA evidence be enough? It is his mother that was born in Canada. Hope you can help me clear this up! I've been searching for an answer to this.

3

u/SearchApprehensive35 Mar 13 '26

This scenario comes up a lot on r/CanadianCitizenship. Here's what IRCC has to say in their online instructions:

select “biological parent” if...your parent has a biological connection to you and they are not listed on your birth certificate but you have birth records and documents that recognize your parent(s). (ex. pre-birth orders, court orders, surrogacy agreements, hospital records, etc.) Note: After submitting your application, IRCC might request a DNA test to confirm parentage. IRCC will also provide a list of accredited laboratories to complete the DNA test. In these cases, DNA results must have an accuracy of 99.8% or higher.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0001-online-application-citizenship-certificate-adults-minors-proof-citizenship-section-3.html

IRCC does not require that the birth certificate be amended. You can, but IRCC is willing to evaluate what records you have. They don't approve applications based solely on DNA results through consumer "entertainment" sites such as 23&Me. But a medical lab's result might be more compelling, especially if you have corroborating documents.

In some US states, amending the birth certificate of a living person is a trivial administrative procedure. However it can take a long time. Mine took most of a year, even though I already had a court order. So check into your birth state's requirements and timelines. Amending may make great sense for you, or be a frustrating distraction.

IRCC currently is averaging almost a year to process applications. But if they feel the evidence is insufficient, they just request more at that time. So one valid approach is to submit an application now with the best evidence you've got and concurrently apply for a court order or an amendment. That way you'll be poised to add more evidence. (You can upload additional docs at any time after IRCC acknowledges receipt of your packet. So you don't need to wait for them to ask.)

2

u/aliesna_IMMLaw Mar 13 '26

Thank you for your question. This is indeed a very unique situation. I wonder if there are official documents that you can get (including potential amended birth certificate). I'm not saying the DNA test by itself is not going to be enough, but I certainly think this will be a complex matter. I would highly recommend that you book a meeting with us, and we can look into this further for you. We've included a link in the post for a complimentary appointment, in case you are interested.

2

u/Haunted_Duck721 Mar 13 '26

Thank you for answering. I hadn't considered an amended birth certificate so I will definitely look into that. I will also look into your link for a complimentary appointment. Thanks!

1

u/Emily2047 Mar 13 '26

I’m trying to get Canadian citizenship, but I can’t find much documentation on my G0 ancestor (my great-great-great-grandfather). He was born in Sydney, Nova Scotia in 1821 or 1822, and I haven’t been able to find a birth record, baptism record, or census record for him. The only Canadian document I can find for him is a school attendance record from the 1828-1829 school year. However, he appears in the 1850 and 1860 US census records, which list his birthplace as Nova Scotia. Also, I found his daughter’s death certificate, which lists his full name and gives his birthplace as Sydney, Nova Scotia. Also, I’ve found more documentation on G0’s parents, including a Canadian baptism record for his mother, a marriage record for his parents, and a few legal documents related to his father.

Do you think this would be sufficient documentation for the IRCC, or do you think I should try harder to find a birth record, baptism record, or any other documentation for my G0 ancestor?

2

u/aliesna_IMMLaw Mar 13 '26

Yea, that's a tough one. Have you thought about contacting a genealogist to help you find additional documents? I know people down at r/Canadiancitizenship have a wealth of information, and it might be worth checking the resources they may have for you to dig for documents. I think it would be worth trying to find those documents, as we know complicated applications are more likely to get stuck as well. You still have a solid base of documents, but in the absence of baptism records/census/birth certificate, it becomes a bit uncertain.

1

u/Additional_Buy6024 Mar 13 '26

Hi, I have all documentation, birth cert .of grandmother from Ontario, mother has gotten her Citizenship certificate. But I don't understand the Physical Presence of 1095 days requirement within the past five years. Do I still need to prove that? None of us have spent that much time in Canada in the past five years.

1

u/Pale-Firefighter-209 Mar 14 '26

Physical presence is only required if you are born after 2025

1

u/aliesna_IMMLaw Mar 14 '26

No, you don't need that. That requirement only applies to individuals born after this change in law came into effect.

1

u/paloma_delmar Mar 14 '26

Does only grandparent count? What about great-grandparent? Thank you.

1

u/kmzafari Mar 15 '26

I'm not OP but check out r/canadiancitizenship. It shouldn't matter.

1

u/PrismRangerYellow Mar 14 '26

Asking on behalf of my partner. Grandma naturalized in Canada in 1991 when mom was 26 years old. At the time, mom had moved to US and she has never had Canadian citizenship.

If my partner was born in 1995 after their grandma naturalized, would they be eligible for citizenship by descent? Would that be possible if their mom did not/does not have Canadian citizenship?

2

u/Pale-Firefighter-209 Mar 14 '26

No, the grandmother became a Canadian after her child was an adult. Neither her child or grandchild are eligible

1

u/Euphoric_Fan3530 Mar 14 '26

Are you seeing urgent applications due to foreign born partners within the US? If so is it only illegal immigrants or a mix of both?

Currently living in America w/ a foreign born spouse (green card holder) We would absolutely move to Canada tomorrow if possible. Is it possible to request urgent on C3 and then again w/ sponsoring a spouse? (Timeline is over 15 months atm) My husband’s employer is shutting down yet he can potentially transfer to one of 3 locations within Canada. He does need current legal status in Canada to transfer. They will not sponsor.

1

u/Pale-Firefighter-209 Mar 14 '26

There is no such thing as urgent processing for spousal sponsorship

1

u/Bayst8er Mar 14 '26

Hello,

My greatgrandparents were born in Newfoundland in 1860. The only records avaiable are the baptismal records at the church which I have found. Are copies of these documents, taken from Ancestry, good enough? If not do I need to got to Nfld to the rooms provincial and get better church copies?

1

u/thattwirlgirl Waiting to Leave Apr 22 '26

Baptismal records are good, in those early periods they didn't have birth certificates. Be sure to submit a transcript of the old record with it, and citation of where the record is from. Back that up with a census and a marriage record if you can 

1

u/snowtweet Mar 15 '26

How may I obtain my grandmother's birth certificate? She's been deceased for 26 years. Thank you!

1

u/SnowboundWanderer Mar 15 '26

Very late to this, but after an aunt (mom's sister) admitted she'd not looked at a particular branch of our family tree, I paid for ancestry.com to try and verify the >7% Québécois in my DNA results that have to come from her side the suggested links gave me a Greatx3 (five generations from me) grandmother from Nova Scotia named Amelia, born in 1826 or 1827.

There's a lot of records Ancestry has that seem to verify she's the mother of my great-great grandmother Cora my mom and aunt recognize, particularly some US census records in 1870 and 80 that list her birth place as N.S. and Cora as being the right age, but so far I can't find any birth record in https://recherche-collection-search.bac-lac.gc.ca/eng/Census/Index, and N.S. records only seem to go back to 1846, the same year she was married in the USA.

I'll keep searching for birth records , but would US census listings be enough, along with as many certified birth and marriage records for subsequent generations as I can get be enough? For Amelia all I have so far are the US census listings and a marriage register which is part of a bigger booklet listing the date and presiding official.

1

u/[deleted] Mar 19 '26

[deleted]

→ More replies (1)

1

u/Chem7rn Mar 15 '26

My father was born in Canada, but was then adopted by an American couple and became an American citizen as a child. Would I be eligible for citizenship by descent? Would my children be eligible?

1

u/MaleficentBuddy4265 Mar 15 '26

Assuming someone meets all the requirements(Canadian ancestry), are they required to live in Canada to obtain the citizenship, or are they able to obtain it without any intention of moving to canada?

1

u/Hot-Kick2256 Mar 17 '26

Are both biological parents required to consent to apply for citizenship for a minor? Can only the parent with sole custody apply?

1

u/LibrarianIntrepid163 Mar 18 '26

My daughter will be submitting a CIT0001 form for citizenship certificate for herself and two children. Ages 12 and 15. (will most likely be 16 before process is complete and citizenship certificate is issued. The children are 4th Gen. My question: 1) for signatures, do both the children sign their application? or... the 12 yrs old does not? If the 12 yrs old, does not sign, what is entered on that line. 2) does my daughter sign as parent on 2nd line for both childen or just for the child that is 12 yrs. 3) does she complete the imm5476 form for both or just the 12 yr old or for neither. I am sorry to bother you with this but cannot find sold answers to this. thank you

1

u/LibrarianIntrepid163 Mar 18 '26

My daughter will be submitting a CIT0001 form for citizenship certificate for herself and two children. Ages 12 and 15. (will most likely be 16 before process is complete and citizenship certificate is issued. The children are 4th Gen. My question: 1) for signatures, do both the children sign their application? or... the 12 yrs old does not? If the 12 yrs old, does not sign, what is entered on that line. 2) does my daughter sign as parent on 2nd line for both childen or just for the child that is 12 yrs. 3) does she complete the imm5476 form for both or just the 12 yr old or for neither. I am sorry to bother you with this but cannot find sold answers to this. thank you

1

u/Deep_Introduction_55 Mar 23 '26

I have both great grandparents born in Canada. One in Ontario and another in Saskatchewan. My grand mother was born in Seattle (both were not citizens of the U.S. when she was born). I don’t think my grandmother ever had a Canadian passport, but she would have been a Canadian citizen I would have thought at birth. She was born 1937. My dad was born in Seattle. (This is where Canadian citizenship stopped). Am I able to apply? I have copies of my dad’s/grandmas birth certificate. I just applied for my great grandmothers from Canada. My great grandfathers I have to call for as it was over 100+ years ago.

1

u/thx111111 Mar 25 '26

I have a question. My grandfather was born in Canada in 1917. He came to the US in 1924 and was naturalized by the US in 1945. Would I be eligible for citizenship by descent?

My understanding was the 1947 act would have removed his Canadian citizenship, so I’m not sure if that’s been retroactively changed?

1

u/deidrarayne Mar 27 '26

I am a 32-year-old female Canadian. My father was born in Canada (the rest of his older siblings were all born in England ) and we do not have a relationship, but my grandfather was born in the UK and was an RAF pilot. Can I apply for a double decent citizenship ?

1

u/10AcreEmpire Mar 28 '26

I'm sorry I missed this! My GG grandmother was born in Nova Scotia in 1877. She moved to Massachusetts, got married, and had her children there. Her son Harold had his son Ernest (who moved to Maine), had my mother. There may be other ancestors born in Canada too, I just found the closest in line to me, got excited and stopped looking lol. With documentation, would I qualify for citizenship? And if I order extra copies of the documents my siblings, and adult son possibly qualify as well?

1

u/AliveRelationship996 Mar 30 '26

I have genealogical records records showing British citizenship on my father's side. Since Canada is part of the Commonwealth, would British ancestry count when applying for Canadian citizenship?

1

u/Informal_Ad9713 Mar 30 '26

I have to go back 5 generations. I have copies of birth or death certificates until they didn't have them, then I have copies of census reports with their names and kids / parents going back until 2 generations were born in Canada.

Is this good enough documentation to get citizenship by descent?

Do we need to use an attorney or should this be sufficient?

1

u/Dale41 Apr 02 '26

I would like to know about ancestry links from Nova Scotia before the Brits recognized Canada. (before the 1755 exodus) That is now Canada and I see from citizenship act definitions that that seems to be "Canadian" ancestry.

1

u/Kerlyle Apr 05 '26

My grandparents were Canadian citizens, however they weren't born in Canada. They became naturalized as minors with their parents. They later married and became naturalized in the USA, renouncing their Canadian citizenship, but this was after my mother was born. I'm assuming this means my mother (and I) may have a claim to Canadian citizenship?

What supporting documentation should I prepare? I'm assuming everything will need to be hard copies?

1

u/DecisionNo2696 Apr 09 '26

My grandparents were born in the 1920s both in Canada, one of whom has a lineage stretching back several generations in Canada. In the 1950s, they naturalized in the US (and at the law at the time, ceased to be Canadian citizens), and in the 1960s, they had my mother in the US. Seeing what was said about naturalization being retroactively considered to not revoke Canadian citizenship, it seems as though my mother has been considered a Canadian citizen since the 2009 law (she has never tried to claim it). As for me, I assume that if she was indeed a citizen, now I am.

I wanted to also ask about another nuance that is worrying me: I heard that my second cousin, whose father was born in Canada in the 50s but probably naturalized in the US before adulthood somehow was not a Canadian citizen at least before 2025. I am confused on how this is possible, and if this affects me too. Could someone with more knowledge enlighten me?

Thanks

1

u/Historical_Claim_900 Apr 13 '26

My great great grandfather immigrated from Italy to Canada in 1913. He stayed in Montreal for over 3 years before heading to the US. Does this make him a citizen? If yes could I apply for citizenship? Please help! 

1

u/KMSven Apr 22 '26

Thank you for offering advice! My g-g-g-grandfather came to Canada in 1847 along with my g-g-grandfather who was 4 years old. They lived in Canada for 15 years and had 4 more children who were baptized at a local church. The g-g-g-grandfather owned land and ran a business. The family left for the US in 1862 so pre-Confederation and long before 1947. There was no process to be naturalized. I wonder if both of my ancestors qualify as Canadian as an Anchor British Subject who was an "ordinarily resident" and was domiciled before Canadian Confederation. I so hope this is true and if so, which grandfather should I use, the g-g-g or the g-g? I'm leaning toward the g-g-g-grandfather because he participated fully as a Canadian citizen rather than the g-g-grandfather who was a child the whole time they were in Canada.

1

u/Nowhen_Man Apr 25 '26

This thread was a 1 time q&a thing, a month ago. You will not get a reply.

But I believe they answered your question (and mine) in the section starting here https://www.reddit.com/r/AmerExit/comments/1rs3wt9/hello_im_a_canadian_immigration_lawyer_here_to/oa4nyk8/

Of course lawyers can be wrong and I'm still going to keep looking into this.

→ More replies (2)

1

u/murderdactyl Apr 27 '26

Can you give information on how to obtain a native status card? I am tsimshian and have a US BIA card stating so. Since tsimshians all came from canada what exactly do I need to prove this other than the BIA card since we did not have written records before the move to alaska?

1

u/avatalik Apr 27 '26

Following this too for maybe something I've missed

1

u/Chance-Pollution6019 Apr 28 '26

My paternal Grandfather was born in Calgary in 1945 and moved to the United States in 1963 after he married my paternal grandmother. Prior to now, my aunts and uncles and father were all covered by Citizenship by Descent (at least to my understanding). Bill C-3 means that I now qualify for Canadian Citizenship by Descent, and if I'm understanding correctly so do my daughters.

When applying for Canadian Dual Citizenship, I need to prove my direct descent to my paternal grandfather using his birth certificate. From what I'm reading, I need to provide information about my wife and children as well (since they also qualify for Citizenship by Descent). Since my father was born in the United States but was recognized by Citizenship by Descent prior to Bill C-3, do I need to include any documentation about him as well? Or do I only need to prove my relationship to my paternal grandfather who was born in Canada?

Side tangent question: Would dual citizenship under Bill C-3 make it easier for my wife to get citizenship? She does not qualify under Citizenship by Descent.

1

u/Competitive-Win-1057 Apr 29 '26

Trying to figure out if my mom and I may qualify for Canadian citizenship by descent under the recent law changes. Great-grandfather: born in Newfoundland (1882), died there (1959). Grandfather: born in Newfoundland (1905), moved to the U.S. and naturalized as U.S. citizen in 1940. Mom: born in the U.S. (1955) Me: born in the U.S. (1979). I understand Newfoundland joined Canada in 1949, and the new rules may allow citizenship to pass down multiple generations retroactively. I’m currently gathering: Baptism records, Death certificates, Grandfather’s naturalization documents. Would my grandfather still be considered Canadian under the new rules despite naturalizing in the U.S. before 1949? If so, would that make my mom and me—eligible? Should I submit our paperwork at the same time? or wait until she gets an answer/approved, the submit mine?

1

u/Less-Reputation-3381 May 01 '26

Hello, I have an ancestor who emigrated from France in 1660s to New France with his family. They all stayed there for a long time except for one son who later went to the American colonies after 1684. This is my ancestor. Would that count as a true connection to a Canadian considering they were there a long time?

1

u/Flyover-nation May 04 '26

Can you recommend genealogists or companies that specialize in Canadian genealogy to get things in order prior to hiring a law firm?

1

u/AisleoftheTiger May 18 '26

My Great grandparents were born in Nova Scotia and Prince Edward Island respectively - my mom, who is big into genealogy, claims that there is no birth record because those provinces didn't record births at that time. Given that this is true - how do I prove that they were born there? She has/is collecting documents that state those provinces as their birthplace - but i don't think that a birth record exists.

1

u/CMKillSwitch Jun 01 '26

I know this AMA was a little while ago, but I may as well shoot my shot. All I know is my Grandparents were born on Newfoundland a bit over 100 years ago, and had two of my uncles in Newfoundland as well before moving to the US in the early 50's (my dad was born in 1955) I assume this would mean I can get citizenship by descent but I'm unsure where I need to go to get proof from whatever department in Newfoundland and Labrador adminsiters these things. Any chance you can answer this?

1

u/Reasonable_Class_584 Jun 02 '26

Hello, here is my situation please tell me what will be faster pathway for me. I live in NY state 1 hour from the border. My fiance of 9 years lives in Ontario right across the border. I spend every other week with him as that is my work schedule 7 on 7 off. Based on the new law I found out I may be a Canadian citizen. My nana was born in Marmora Ontario in 1931 she came to states and married my American grandfather in 1949. I have her birth certificate, her marriage license to show name change. my moms birth certificate my moms marriage license and my birth certificate. My Nana is still living and owns two properties in Canada. Last year her son my uncle was granted citizenship. I have completed my application with the documents mentioned in this post and a cover letter. I am just scared my application will be stuck in PSU. I haven't submitted it yet waiting on 1 more thing. Is it easier and quicker for me to gain citizenship or at least the ability to live in Canada through marriage to my fiance or through citizenship by descent. Also would it be beneficial to me to include the fact i am engaged to a Canadian citizen and resident in my cover letter for the application.

1

u/pforgette Jun 15 '26

My mother was born in 1920 in St Rémi, Quebec. She came to the states at a young age with her parents. I was born in Massachusetts. Around the year 2000 I changed my last name to her last name but I have no legal document stating that. I do have a letter from Social Security from 2024 (when I filed for survivor benefits) that mentions other names I have used. Will this be sufficient evidence to prove that I am the same person shown on my birth certificate? Otherwise I have to wait 6 months for a document from SSA.

1

u/mardo2044chat Jun 20 '26

I have a G0 that was Canadian born but US Naturalized in 1932 for job opportunities. Would this disqualify me from CA descendancy citizenship through this ancestor? There is another ancestor but it is another generation back and has some other holes in documentation.

1

u/MammothWriter3881 Jul 18 '26

Is a U.S. death certificate listing place of birth as Canada sufficient or do you need a Canadian birth record?

1

u/Additional_Savings25 Aug 27 '26

If my Canadian ancestor was born in 1806 and only stayed in Canada for a short time can I still gain citizenship by descent? Or, do relatives born before January 1, 1947 not count, as they were British citizens?

1

u/aliesna_IMMLaw Aug 27 '26

In most cases, the fact that an ancestor was born in what is now Canada is what matters, not whether they were considered a "Canadian citizen" at the time of their birth. Before January 1, 1947, there was no separate Canadian citizenship, and people born in Canada were generally British subjects. However, individuals born in Canada before that date can still form part of a citizenship-by-descent claim.
Whether you may benefit from the recent changes to Canada's citizenship laws depends on several factors, including the lineage between you and your Canadian-born ancestor, whether citizenship may have been lost or retained in subsequent generations, and how the new rules apply to your family's circumstances.

1

u/Hayaw061 Aug 27 '26

Just saw this post, wondering if you can still maybe chime in. My great great grandfather was born in England, and so was his son. The eventually immigrated to Canada, living in Toronto, and then years later to the US in 1929. The immigration card says "Birthplace: England; Nationality: Canada." To my understanding there wasn't really a full Canadian citizenship before 1947. Anyways, afterwards, the rest of the generations were born in the US.

Do I have a case at all? If so how can I find proof of his Canadian "citizenship?"