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Canadian citizenship by descent

Glossary 🇨🇦 Citizenship Act, s 3(1)(b) Current to: 2026-03-17 Verified: 2026-05-23

Statutory definition

Section 3(1)(b) of the Citizenship Act provides that citizenship is acquired at birth by a person born outside Canada to a Canadian citizen parent. However, the "first-generation limit" under s 3(3) restricts this to the first generation — a person born outside Canada to a parent who was themselves born outside Canada and acquired citizenship by descent does not automatically acquire citizenship. Exceptions exist for children born to parents in Crown service abroad.

Explanation

The first-generation limitation prevents unlimited transmission of Canadian citizenship across generations of persons with no direct connection to Canada. Grandchildren of Canadians born outside Canada do not automatically acquire citizenship. They must either be born in Canada, apply under naturalization after obtaining permanent residence, or — in some cases — qualify under grandfather provisions if their parent was born before the 2009 amendment. Persons who believe they may have a citizenship claim through a Canadian parent should apply for a citizenship certificate to confirm status.

How this term is used

Information only. Nothing on this page is immigration advice or legal advice. Only an authorised representative (RCIC or immigration lawyer) may give immigration advice in Canada.

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