If you were born outside Canada to a Canadian parent or grandparent, you may be eligible for Canadian citizenship by descent. However, obtaining a Canadian passport requires proof of your citizenship status. This process involves applying for a Canadian citizenship certificate, which serves as the official document confirming your citizenship.
Understanding Citizenship by Descent
Canadian citizenship can be passed down to children born outside Canada under certain conditions. Typically, if your parent was born in Canada or became a naturalized Canadian citizen before your birth, you are considered a Canadian citizen by descent. However, if your parent was also born outside Canada and inherited their citizenship from a Canadian parent (your grandparent), you may not automatically qualify due to the first-generation limit on citizenship by descent.
First-Generation Limit and Interim Measures
The first-generation limit restricts citizenship by descent to the first generation born abroad. Individuals born outside Canada to a Canadian parent who was also born outside Canada are generally not automatically Canadian citizens. However, in response to a court ruling declaring this limit unconstitutional, the Canadian government has introduced interim measures. These measures allow affected individuals to apply for a discretionary grant of citizenship under specific scenarios.
Scenarios Eligible for Discretionary Grant of Citizenship
You may be eligible for a discretionary grant of citizenship if you fall into one of the following categories:
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Individuals born or adopted before December 19, 2023, affected by the first-generation limit.
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Individuals born or adopted on or after December 19, 2023, affected by the first-generation limit, with a Canadian parent who met the "substantial connection to Canada" test at the time of their birth or adoption.
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Individuals born before April 1, 1949, affected by the first-generation limit.
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Individuals who lost their citizenship due to unmet retention requirements under the former section 8 of the Citizenship Act.
To meet the "substantial connection to Canada" test, your Canadian parent must have spent at least 1,095 days (approximately three years) within Canada before your birth or adoption.
Steps to Apply for a Canadian Passport
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Determine Your Citizenship Status: Use the Canadian government's online tools to assess whether you are a Canadian citizen.
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Apply for a Citizenship Certificate: If you are not automatically recognized as a citizen, apply for a citizenship certificate.
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Submit Required Documentation: Provide necessary documents, including proof of your parent's Canadian citizenship and your birth certificate.
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Await Processing: Processing times may vary; ensure all information is accurate to avoid delays.
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Apply for a Passport: Once you receive your citizenship certificate, you can apply for a Canadian passport.