Section 4 — First-generation born abroad limitation — Citizenship Act — Canada — immi.wiki
Text of provision
4 (1) Subject to this section, a child born outside Canada after the coming into force of this subsection is a citizen if, at the time of the child's birth, one of the child's parents, other than an adoptive parent, was a citizen under paragraph 3(1)(a).
(2) A person who is or was a citizen under subsection (1) does not transmit citizenship under that subsection to their child born outside Canada.
[Note: Section 4 was part of major amendments that restricted citizenship by descent. The full s 4 scheme in the current Act, together with s 3(1)(b) and s 3(3), establishes the first-generation born abroad limitation — citizenship by descent cannot be transmitted beyond the first generation born outside Canada.]
Plain English
Section 4 (together with s 3(3)) establishes the first-generation born abroad limitation on citizenship by descent. The effect is that Canadian citizenship acquired by birth outside Canada to a Canadian parent is a "one-time" grant — it is not automatically transmissible to the next generation born outside Canada.
The chain of citizenship by descent:
- Generation 1 (citizen born in Canada): A Canadian citizen who was born in Canada (s 3(1)(a)) can transmit citizenship to a child born outside Canada (s 3(1)(b)). That child is a Canadian citizen by descent.
- Generation 2 (citizen born outside Canada): The child born outside Canada (Generation 1) is a citizen but cannot transmit citizenship to their own child born outside Canada (the second generation abroad). The chain stops here.
- Generation 2 must naturalise: For the second generation born abroad to become Canadian, they must establish permanent residence in Canada and apply for citizenship under s 5 (naturalisation).
This is the "Lost Canadians" limitation — it prevents indefinite chain citizenship being transmitted by Canadians with no genuine connection to Canada.
There is an exception: if the Generation 2 person was born while their Canadian parent was in the service of the Crown or in prescribed circumstances, they may also be able to transmit citizenship. The full scheme requires careful reading of ss 3 and 4 together.
Practical effect
The first-generation born abroad limitation has significant practical implications:
- A Canadian citizen who was born outside Canada (acquired citizenship by descent from a Canadian parent) and who then has children outside Canada cannot automatically make those children Canadian. The grandchildren of an original Canadian citizen who was always resident abroad are not automatically Canadian.
- Persons who discover they are second-generation born abroad — and who want to be Canadian — must come to Canada as immigrants (typically as temporary residents first, then permanent residents) and then apply for citizenship under s 5.
- The limitation applies prospectively — persons who already held citizenship by descent before the 2009 amendments are not affected. Their citizenship was grandfathered. The limitation applies to transmission after the relevant amendment date.
IRCC has a specific process for persons who are uncertain about their citizenship status. If you believe you may be a citizen by descent, you can apply for a citizenship certificate (proof of citizenship) and IRCC will determine whether the s 3/s 4 criteria are met. Refer to the IRCC proof of citizenship page.