New Path to Canadian Citizenship for Americans

A recent change to Canada’s Citizenship Act, brought about by Bill C-3, has opened up the possibility for millions of Americans with Canadian ancestry to obtain Canadian citizenship.

Expanding Eligibility

Individuals born before December 15, 2025, who can demonstrate their lineage to a Canadian ancestor, now have the opportunity to apply for proof of Canadian citizenship. This eligibility extends to those whose parents and grandparents never resided in Canada or held Canadian passports.

The removal of the previous first-generation limit (FGL) has paved the way for citizenship by descent to multiple generations born abroad. The FGL, which was put in place in 2009, was deemed unconstitutional by the Ontario Superior Court of Justice in December 2023, leading to the enactment of Bill C-3.

Application Process

Upon receiving proof of citizenship, applicants are eligible to apply for a Canadian passport. This provision is applicable to descendants by birth or adoption.

A significant number of Americans, especially those in New England, are anticipated to benefit from this change. The region saw a substantial influx of Canadians between 1870 and 1930, resulting in millions of individuals with Canadian heritage.

Processing Times

Currently, the processing duration for proof of citizenship applications stands at approximately 11 months.

Future Provisions

While the new law has removed the generational limit for those born before December 15, 2025, children born after this date will require the Canadian parent to meet a “substantial connection to Canada” criterion for citizenship by descent. This entails the parent having resided in Canada for a minimum of three years before the child’s birth or adoption.

It is important to note that Canadian citizenship alone does not impose tax obligations on individuals, as Canada’s tax system is based on residency rather than citizenship.