Following a recent change in Canada’s citizenship law, many Americans are discovering their Canadian citizenship status. If your spouse is one of them, they can apply for proof of Canadian citizenship through their ancestry. Upon confirmation by Immigration, Refugees and Citizenship Canada (IRCC), they will receive a citizenship certificate.

As Canadian citizens, they enjoy all associated rights, such as applying for a Canadian passport and freely living, working, and traveling in Canada. This certificate serves as proof of their status.

This development prompts the question: what about you? Here’s what you need to know as the spouse of a Canadian citizen by descent.

Eligibility for Canadian Citizenship through a Canadian Citizen Spouse by Descent

Regrettably, citizenship by descent is not acquired through marriage. It is based on being born to or adopted by a Canadian parent, rather than through marital ties. Therefore, even if your spouse is now a Canadian citizen, this status does not automatically transfer to you. However, it does open up additional options.

Furthermore, any children you have with your spouse may also be Canadian citizens by descent, subject to certain conditions.

Advantages of Canadian Citizenship by Descent for Spouses

While you do not gain citizenship automatically, your spouse, now a Canadian citizen, may be eligible to sponsor you for Canadian permanent resident status if they meet the necessary criteria.

As a permanent resident of Canada, you are entitled to numerous benefits akin to those of Canadian citizens, including:

• The right to reside, work, or study anywhere in Canada.
• Access to most social benefits available to Canadian citizens.
• Protection under Canadian law and the Canadian Charter of Rights and Freedoms.

However, permanent residents must fulfill a residency obligation, typically requiring at least 730 days of physical presence in Canada out of every five years to maintain their status.

Moreover, obtaining permanent resident status enables you to apply for Canadian citizenship upon meeting specific requirements, which generally involve a minimum of 1,095 days of physical presence in Canada over the preceding five years, including at least 730 days.