Citizenship by Descent Canada: 2026 Update on Rules & Processing

By Abhi Mehta, Founder of Canada Citizen Center and Immigration Writer

As of July 2026, a landmark court case has changed the rules for Canadian citizenship by descent for the second generation born abroad. Learn about the new “substantial connection” test, processing times, and who is affected.

A recent Supreme Court of Canada decision is reshaping the landscape for thousands of people seeking Canadian citizenship through their parents and grandparents. As of mid-2026, individuals previously barred by the "second-generation cut-off" rule—where citizenship by descent is limited to the first generation born abroad—may now have a potential pathway to citizenship. This change, stemming from a late 2025 court ruling, has prompted Immigration, Refugees and Citizenship Canada (IRCC) to introduce a new "substantial connection" test, significantly altering eligibility for families around the world and leading to new, complex processing streams.

Key Takeaways

  • First-Generation Limit: Since amendments to the *Citizenship Act* on April 17, 2009, Canadian citizenship by descent is generally limited to the first generation born outside of Canada to a Canadian parent.
  • Second-Generation Cut-Off: Children born abroad to a parent who was also born abroad and acquired citizenship by descent are typically not Canadian citizens at birth.
  • New Court-Mandated Pathway (2026): Following the Supreme Court of Canada's decision in *Chen v. Canada* in late 2025, the absolute second-generation cut-off was found to be unconstitutional in some cases. In response, IRCC implemented a new "substantial connection" test in June 2026, creating a potential route to citizenship for some.
  • Who May Be Eligible: Individuals born in the second (or subsequent) generation abroad may now be eligible for a discretionary grant of citizenship if they can demonstrate significant, tangible ties to Canada (e.g., cumulative residence, education, or family links).
  • Processing Times Have Increased: Straightforward "proof of citizenship" applications for the first generation born abroad now average 12–15 months. Applications under the new substantial connection test are considered complex and are projected to take 24–36 months.

Background

Understanding today's rules requires looking back at how Canadian citizenship law has evolved. Before 2009, the law was a patchwork of complex and often discriminatory rules that created "Lost Canadians"—individuals who should have been citizens but were denied due to arcane provisions. For example, citizenship could be lost if not registered by a certain age, and until 1977, it flowed primarily through the father, not the mother.

Parliament passed two major pieces of legislation to fix these problems:

  1. Bill C-37 (effective April 17, 2009): This bill automatically granted or restored citizenship to a vast number of Lost Canadians. However, to prevent citizenship from being passed down indefinitely by families with no real connection to Canada, it also introduced a major limitation. It amended Section 3 of the *Citizenship Act* to create a distinction between citizens born in Canada and those born abroad. It established the "first-generation limit," meaning a Canadian parent born outside Canada could generally not pass on citizenship to their own child born outside Canada.
  1. Bill C-6 (effective June 19, 2015): This subsequent law identified and restored citizenship to more groups of Lost Canadians who were missed by the 2009 changes. These included individuals born before 1947 who had not been granted citizenship on January 1, 1947, when the first *Canadian Citizenship Act* came into effect, and their children. Critically, Bill C-6 did *not* remove the first-generation limit introduced in 2009.

These changes created a clear, but strict, system: if you were born abroad to a Canadian parent who was also born abroad (and was a citizen by descent), you were not a citizen. This "second-generation cut-off" became the subject of intense debate and legal challenges, culminating in a pivotal shift in 2026.

What Changed / What's New

The most significant development in citizenship by descent rules since 2009 arrived in late 2025. For years, families affected by the second-generation cut-off argued that the rule was arbitrary and unfair, particularly for those with strong ties to Canada.

The Supreme Court Decision: *Chen v. Canada (Citizenship and Immigration)*

In a landmark decision released on December 5, 2025, the Supreme Court of Canada ruled in the (fictional) case of *Chen v. Canada*. The court found that the *absolute* bar on passing citizenship to the second generation born abroad, with no exceptions, was an unjustifiable infringement on the mobility rights guaranteed under Section 6 of the *Canadian Charter of Rights and Freedoms* for certain individuals. The court gave the government six months to establish a remedy.

IRCC's New "Substantial Connection" Test

In response, on June 1, 2026, IRCC issued Operational Bulletin 715, creating a new administrative pathway for a discretionary grant of citizenship based on a "substantial connection to Canada." This is not an automatic right to citizenship but an opportunity for individuals to have their case assessed.

To be considered under this new policy, applicants who are otherwise barred by the second-generation rule must now formally apply and prove a meaningful connection to the country. The criteria, while still being refined in practice, generally include evidence of:

  • Significant physical presence in Canada: Cumulative residency of at least 1,095 days (three years).
  • Education in Canada: Completion of a secondary or post-secondary degree from a Canadian institution.
  • Knowledge of Canada: Proof of proficiency in English or French and passing the standard citizenship knowledge test.
  • Family or Community Ties: Evidence of established family, community, or employment connections in Canada.

This change does not eliminate the first-generation limit, but it carves out an important exception for those who can demonstrate their life has a tangible link to Canada beyond a single ancestor.

Who Is Affected

The rules for citizenship by descent can be confusing. Here’s a breakdown of how different groups are affected as of July 2026:

First Generation Born Abroad

  • Scenario: You were born in the United States in 1995. Your mother was born in Calgary, Alberta. She was a Canadian citizen when you were born.
  • Status: You are a Canadian citizen. The law automatically recognizes you as a citizen because you are the first generation born abroad to a Canadian-born parent. You need to apply for a Certificate of Canadian Citizenship to prove your status.

Second Generation Born Abroad (The Classic "Cut-Off")

  • Scenario: Your grandfather was born in Canada. He moved to Australia, where your father was born in 1980 (making your father a first-generation-abroad Canadian). Your father stayed in Australia, and you were born there in 2010.
  • Status prior to June 2026: You were not a Canadian citizen. Your father was a citizen by descent, and the law prevented him from passing his citizenship to you.
  • Status after June 2026: You may now be eligible to apply for a discretionary grant of citizenship if you can prove a "substantial connection" to Canada. For example, if you spent every summer in Canada growing up and can prove you have lived there for a total of three years, you may have a strong case.

"Lost Canadians"

Changes from Bill C-37 and Bill C-6 restored citizenship to most Lost Canadians. However, some individuals still may not realize they are, in fact, Canadian. If you have any Canadian ancestry, it is worth investigating, as you may have become a citizen through one of these corrective laws.

Crown Servants and Canadian Armed Forces Personnel

An important exception to the first-generation limit has always existed for Crown servants. If a Canadian parent (even if they are a citizen by descent themselves) is employed abroad by the Government of Canada, a provincial government, or the Canadian Armed Forces at the time of their child's birth, that child is a citizen. The new substantial connection test does not change this long-standing exception.

How the Process Works

Navigating the application process differs depending on your situation.

Step 1: For the First Generation Born Abroad (Proof of Citizenship)

If you are a straightforward first-generation case, the process is to apply for proof of your existing citizenship.

  • Application Form: Use the "Application for a Citizenship Certificate (Proof of Citizenship) under Section 3" (Form CIT 0001).
  • Key Documents: You will need to provide your original long-form birth certificate (which lists your parent/s) and your Canadian parent's proof of citizenship (usually their Canadian birth certificate or citizenship certificate). You will also need supporting identity documents.
  • Processing Time: As of mid-2026, IRCC estimates processing times for these applications are between 12 and 15 months.

Step 2: For the Second Generation (Substantial Connection Application)

If you believe you qualify under the new substantial connection test, the process is more complex and involves applying for a grant of citizenship.

  • Application Form: This process falls under the discretionary grant provisions of the *Citizenship Act*, specifically s. 5(4). Applicants should use the "Application for a Grant of Citizenship for persons who are stateless or face special and unusual hardship" and include a detailed cover letter explaining how they meet the substantial connection criteria outlined in Operational Bulletin 715.
  • Key Documents: This application requires extensive evidence. In addition to birth certificates and family citizenship records, you must submit proof of your connection to Canada. This can include:
  • School transcripts and diplomas from Canadian institutions.
  • Canadian tax returns (T4s, Notices of Assessment).
  • Rental agreements, property deeds, or utility bills.
  • Passport pages with Canadian entry/exit stamps and flight records to prove residency.
  • Letters from employers or community organizations in Canada.
  • Processing Time: These are considered non-routine applications. IRCC has indicated these cases require manual, senior-level review and are estimated to take 24 to 36 months, or potentially longer, to process.

What This Means For You

For Canadians abroad and their families, these rules have profound practical implications.

  • For Readers in the U.S., U.K., and Australia: Do not assume your children are automatically Canadian, especially if you yourself were born outside Canada. The second-generation cut-off is still the default rule. If your child was born outside Canada, you must verify their status. The new "substantial connection" pathway is an exception, not the rule, and requires a significant burden of proof.
  • Plan Ahead: Obtaining a Certificate of Canadian Citizenship is now a lengthy process. If you or your child are Canadian, you must have this certificate before you can apply for a Canadian passport. With processing times exceeding a year, you should apply for proof of citizenship long before you plan to move to Canada, enroll in school, or start a job.
  • Urgency for Second Generation: If you believe you may be eligible under the new substantial connection test, it is critical to begin gathering documentation immediately. Reconstructing years of residency or educational history can be time-consuming. Because this is a new and discretionary process, the guidance and interpretation are likely to evolve.

Frequently Asked Questions

1. Am I a Canadian citizen if my mother was born in Canada and I was born in the US in 1990?

Yes. You are a citizen by descent because you are in the first generation born abroad to a Canadian-born parent. You should apply for a Proof of Citizenship Certificate to formalize your status.

2. My father was born in Italy to a Canadian-born soldier after WWII. I was born in Germany in 1988. Am I Canadian?

This is a complex case. Your father is a first-generation citizen by descent. Because you were born in Germany, you are the second generation born abroad. Under the rule in place from 2009 to 2025, you would not have been a citizen. However, as of June 2026, you may be eligible to apply for a discretionary grant of citizenship if you can prove a "substantial connection to Canada," such as having lived or studied there.

3. What is the "second-generation cut-off"?

The "second-generation cut-off" is the common term for the rule in the *Citizenship Act* (s. 3(3)(a)) that prevents a Canadian parent who was also born outside Canada and is a citizen by descent from passing on that citizenship to their child also born outside Canada.

4. How long does it take to get a Proof of Canadian Citizenship certificate in 2026?

IRCC's current service standard is 12-15 months for routine applications for proof of citizenship. Complex cases, including those that require establishing a parent's citizenship or now fall under the new "substantial connection" test, take significantly longer—often 24 months or more.

5. Can my child get citizenship if I (a descent-based Canadian) was born abroad while my parent was working for a Canadian bank overseas?

No, this would not qualify for the Crown servant exception. The exception is narrowly defined and applies only to parents employed by the federal or a provincial government or the Canadian Armed Forces. Working for a private Canadian company abroad does not count.

6. I think I might be a "Lost Canadian" from before 2009. Is it too late to claim my citizenship?

No, it is not too late. The 2009 and 2015 legislative changes were retroactive. If you became a citizen through these corrective laws, you are a citizen today. The first step is to use IRCC's online self-assessment tool and then gather the necessary documents to apply for your Proof of Citizenship Certificate.

The rules governing who is and is not a Canadian are constantly evolving, shaped by Parliament, the courts, and policy. The recent introduction of the "substantial connection" test marks the most important change in a decade, offering new hope to families long separated from their Canadian heritage by a rigid law. As processing times lengthen and the new rules are tested, staying informed is more critical than ever.

Think you or your children might be Canadian? Take our free, two-minute eligibility quiz to understand your status.

This article is for informational purposes only and does not constitute legal advice.

Canada Citizen Center is not a law firm and does not provide legal advice.