If you were born in the United States and have a Canadian parent, grandparent, great-grandparent (or beyond), there is a good chance you are already a Canadian citizen. You may not need to move to Canada, pass a test or wait for a grant. You need to prove it.
Since Canada’s Bill C-3 took effect on December 15, 2025, hundreds of thousands of Americans have gained a claim to Canadian citizenship by descent. In this guide, we walk you through exactly how to get Canadian citizenship by descent in 2026: who qualifies, what changed, which documents you need, how long it takes and where applications go wrong.
At Roots Recovered, we have helped Canadian citizenship by descent applicants since Bill C-3 passed, and we have worked on hundreds of other citizenship cases across multiple countries. Here is what we have learned.
Canadian citizenship used to have a “first generation limit.” A child born abroad to a Canadian parent was Canadian from birth. However, that citizenship would stop there. Practically-speaking, if you were born in the United States but both of your parents were Canadian, you could have Canadian citizenship but you could not pass it on to your children.
For this reason, and many other reasons baked into Canadian citizenship law which are not the subject of this post, some people were considered “lost Canadians,” meaning they felt completely Canadian and were born to Canadian parents but could not have Canadian citizenship due to some technicality, or for some other reason were blocked from either possessing or passing on the Canadian citizenship they should have been entitled to.
In December 2023, the Ontario Superior Court of Justice ruled those limit unconstitutional for many people. The government chose not to appeal, and Bill C-3 was its legislative response. You can read IRCC’s own summary on its rules page for the 2025 changes.
Bill C-3 received Royal Assent on November 20, 2025, and came into force on December 15, 2025. From that day on, entitlement to Canadian citizenship is retroactive and the “first generation limit” is a thing of the past. In other words, Canadian citizenship by descent is now possible through an unlimited number of generations.
What this means for you: if you were born outside Canada before December 15, 2025, and there is an unbroken line of Canadian citizenship from an ancestor down to you, the law now treats you as a citizen from birth. Applications already in process when the law changed are being decided under the new rules.
You likely qualify if you were born before December 15, 2025, and you can document an unbroken chain from a Canadian ancestor to you, no matter how many generations back. Each person in that chain must have been a Canadian citizen (or treated as one by law) before the next generation was born.
| Your Canadian ancestor | Typical status in 2026 | How hard to prove |
|---|---|---|
| Parent | Citizen by descent | Usually simple: 2 generations of records |
| Grandparent | Citizen by descent | Moderate: 3 generations, often several states or provinces |
| Great grandparent or earlier | Citizen by descent | Difficult: old records, name changes, possibility of records being missing |
If your mother or father was a Canadian citizen when you were born, you have the strongest and simplest claim. This was true even before Bill C-3.
If you have a Canadian grandparent, then you are considered Canadian as well under Bill C-3. Before, a Canadian grandparent was often just a family story with no legal weight. Note that your parent does not need to have ever held a Canadian passport or certificate or have ever been recognized as a Canadian for you to obtain proof of Canadian citizenship.
There is no fixed generation cap for people born before December 15, 2025. But having a Canadian great grandparent alone does not make you Canadian. You must have the documentation to back it up.
You must be able to gather enough vital records (birth, marriage, and in some cases other records like divorce, naturalization, census, baptism, and death records, among others) to show that you descend from this qualifying Canadian ancestor. All of the documents must be complete for your Canadian ancestor (known as Gen 0 or G0), all intermediate ancestors, and you.
This is the most overlooked path. The first Canadian in your line (your Gen 0) can be someone who
For example, if your non-Canadian ancestor became a citizen of in Canada before his child was born, he may anchor your Canadian claim. Families with immigrant roots often have claims in more than one country, but each country’s rules differ. For example, an Italian ancestor who naturalized in Canada before his child was born usually broke the Italian line while starting the Canadian one. More on this in the dual citizenship section below.
Bill C-3 fixed the past, but it set a new rule for the future. Children born outside Canada after December 15, 2025 to a Canadian parent also born abroad, are only citizens if that parent spent at least 1,095 days (3 years) in Canada before the child’s birth or adoption.
Therefore, if you are a recognized Canadian citizen by descent living outside Canada and you want your child to be Canadian at birth, you have two options:
Therefore, if passing citizenship to future children is important to you, factor time in Canada into your plans.
Children born before December 15, 2025, are not affected by this rule.
Here is a general list of what you should do in order to obtain Canadian citizenship by descent.
There is no citizenship test, no language test, no interview for a standard claim and no requirement to live in Canada.
Your application is only as strong as its weakest link. IRCC needs to see each parent-child connection in official records, from your Canadian ancestor down to you. A grandparent claim might need four or five documents, while a great grandparent claim can need eight or more, from several jurisdictions.
IRCC does not require your parent or grandparent to have held a Canadian certificate or passport. You prove their status through the chain.
Missing a birth certificate does not automatically end a claim. Applicants have succeeded using secondary records such as census entries, baptismal records, marriage records and military files. These cases need more careful preparation and a clear explanation of why the primary record is unavailable.
Practically speaking, most of the chain in an American claim relies on US records, and that is where many files stall. Common problems we see:
Roots Recovered retrieves vital records across US states, with deep experience in New York.
Read more: How to draft an Article 78 petition to obtain New York vital records
IRCC’s posted processing time for a citizenship certificate was about 33 months as of September 2026. That is up from about 25 months in August and roughly a year in the spring. Demand after Bill C-3 has far outpaced IRCC’s staffing, and well over 100,000 applications are waiting.
Check the current figure on IRCC’s processing times page before you apply; it changes monthly.
| Item | 2026 figure |
|---|---|
| Government fee | CAD $75 per person |
| Posted processing time | About 33 months (September 2026) |
| Passport after certificate | A separate application once the certificate arrives |
In most cases, no. Your place in the queue is set when IRCC receives your application. As we always say, time will pass anyway, so it’s better that time passes while you’re already in the processing queue!
The real risk is an incomplete file: if IRCC returns it or asks for more documents, you may lose time.
IRCC may expedite a certificate in limited cases, such as a job, study, medical or urgent travel need in Canada. You must request it and show evidence of the urgency. It is not a way to skip the line for convenience.
Yes, you can be both American and Canadian. Both countries allow dual citizenship, and claiming Canadian citizenship by descent does not affect your US citizenship.
The US taxes its citizens wherever they live. Canada taxes based on residence, not citizenship. In general, holding Canadian citizenship while living in the US does not by itself create Canadian tax obligations, but moving to Canada changes the picture. Speak with a cross-border tax professional before you relocate.
Many American families with Canadian roots also have Italian, Irish or Polish ancestry, sometimes in the same line. Each country has its own rules, and a fact that helps one claim can break another. Italy, for example, tightened its descent rules in 2025, while Ireland’s grandparent route works very differently from Canada’s.
Because Roots Recovered works across multiple countries, we review your whole family tree for every claim it may support, not one country at a time.
With wait times near three years, a returned or stalled application is expensive. These are the mistakes we see most often.
Yes, in most cases, if you were born before December 15, 2025. Bill C-3 removed the first-generation limit, so a Canadian grandparent can now pass citizenship through your parent to you. You must document each generation.
There is no fixed limit for people born before December 15, 2025. Great-grandparent and earlier claims are possible, but every link must be proven.
No. You do not need to live in Canada, pass a citizenship test or attend a ceremony. You only need to prove the citizenship you already have.
No. The United States and Canada both allow dual citizenship.
The IRCC fee for a citizenship certificate is CAD $75 per person. Your other costs are ordering certified records and any professional help you choose.
IRCC’s posted processing time was about 33 months as of September 2026. Check IRCC’s processing times page for the current figure.
Not as a citizen by descent born abroad. You first need your citizenship certificate, then you apply for the passport.
They can still anchor your claim if they naturalized in Canada, or were a British subject living in Canada on January 1, 1947, before the next generation in your line was born.
Children born before December 15, 2025, may have their own claim through you. Children born abroad on or after that date are Canadian only if their Canadian parent born abroad spent at least 1,095 days in Canada before the birth.
Bill C-3 has made Canadian citizenship by descent possible for more Americans than ever. With processing times near three years, the families who succeed are the ones who confirm their eligibility first and file a complete, well-documented application the first time.
Roots Recovered is a US firm dedicated solely to citizenship by descent. We can help you:
Start your Canadian citizenship eligibility review or e-mail us at intake@rootsrecoveredllc.com.
Prefer to do it yourself? Join our free Facebook group for DIY Canadian citizenship by descent applicants, where we share tips and answer questions. Join the group