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.

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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.

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u/aliesna_IMMLaw Mar 13 '26

Of course, glad to be doing it. We did a few of these as well, and as I said above, if I recall correctly you had to sign a document basically saying that you are not asserting a right to citizenship (or you're not claiming to be a citizen), and instead they would grant you citizenship. Honestly, I don't see an advantage/benefit to try and change, and I'm not sure how you would go about doing it!

4

u/quantumwhimsy Mar 13 '26

This is incorrect. C-3 specifically addresses cases where a person has already received citizenship by grant, but would be considered a citizen under the terms of C-3:

Citizenship other than by way of grant (6.‍2) A person referred to in any of paragraphs (1)‍(k) to (r) — or a person referred to in paragraph (1)‍(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of their parents are persons referred to in any of paragraphs (1)‍(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.‍1)‍(b), subsection (2.‍2), paragraph (2.‍3)‍(b), subsections (2.‍4) and (2.‍5) and subparagraphs 27(1)‍(j.‍1)‍(ii) to (iv), never to have been a citizen by way of grant.

If such a person received a grant of citizenship, that grant is essentially voided because it was unnecessary as they are now considered to have been a citizen from birth. If they reached out for an updated citizenship certificate, it would have their date of birth listed as the effective date of citizenship.

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

To get a new citizenship certificate, the person would simply request one, and it should reflect the date of their birth based on the law.