Millions of people in the United States may now be eligible to obtain Canadian citizenship—and even a Canadian passport—thanks to a new update to Canada’s citizenship legislation.
Under the revised law, individuals with Canadian ancestry may automatically qualify for Canadian citizenship by descent. This change significantly expands eligibility, allowing many Americans with Canadian roots to claim dual citizenship with Canada.
Who Is Eligible for Canadian Citizenship by Descent?
The updated law states that individuals born before December 15, 2025, who can trace their lineage to a Canadian ancestor, may be eligible for Canadian citizenship.
One of the most notable aspects of the law is that:
- You do not need to have been born in Canada.
- Your parents or grandparents do not need to have lived in Canada.
- Your Canadian ancestors do not need to have held a Canadian passport.
As long as you can prove your lineage to a Canadian ancestor, you can apply for proof of Canadian citizenship. Once approved, you can then apply for a Canadian passport.
The citizenship by descent rule applies equally to biological children and adopted children born outside Canada.
Millions of Americans Could Benefit
This legislation could affect millions of Americans, particularly in regions with historical Canadian migration.
For example, New England has a particularly large population of people with Canadian ancestry. Experts estimate that around three million Americans in the region may qualify for Canadian citizenship, largely due to migration from Canada between 1870 and 1930.
Benefits of Dual U.S.–Canadian Citizenship
Americans who successfully obtain Canadian citizenship gain access to the rights and privileges of both countries.
Some benefits include:
- The right to live and work in Canada permanently
- Easier travel access using a Canadian passport
- Access to Canadian social services and opportunities
- Greater international mobility
Holding a Canadian passport can also provide additional travel advantages in countries where Canadian passports receive broader visa-free access.
How to Apply for Proof of Canadian Citizenship
To claim citizenship by descent, applicants must submit documentation proving their connection to a Canadian ancestor.
Common documents include:
- Birth certificates
- Baptismal records
- Marriage certificates
- Historical family records
These documents establish the family lineage linking the applicant to their Canadian ancestor.
Currently, the processing time for proof of citizenship applications is approximately 11 months.
Canadian Citizenship Does Not Automatically Create Tax Obligations
Unlike the United States, Canada does not tax citizens based on citizenship alone.
Canadian personal income taxes are based on residency, not citizenship.
This means:
- If you obtain Canadian citizenship but do not live in Canada, you generally do not need to pay Canadian income tax.
- You also do not need to file Canadian tax returns if you remain outside Canada.
If you decide to move to Canada later, the U.S.–Canada tax treaty helps prevent double taxation by allowing certain tax credits between the two countries.
Understanding the Changes to Citizenship by Descent
Citizenship by descent applies specifically to people born outside Canada.
Children born within Canada or in Canadian airspace automatically receive citizenship through birthright citizenship, with limited exceptions such as children of foreign diplomats.
The changes come from Bill C-3, An Act to Amend the Citizenship Act, which came into effect on December 15, 2025.
Previously, Canadian citizenship by descent was limited by the First-Generation Limit (FGL) introduced in 2009. This rule allowed only the first generation born outside Canada to inherit citizenship.
However, in December 2023, the Ontario Superior Court of Justice ruled the FGL unconstitutional.
In response, the Canadian government introduced Bill C-3, which removed the first-generation limit for individuals born before December 15, 2025.
For children born after that date, an exception still exists if the Canadian parent demonstrates a substantial connection to Canada, typically defined as living in Canada for at least three years before the child’s birth or adoption.
Final Thoughts
The changes to Canada’s citizenship law could open the door for millions of Americans with Canadian ancestry to claim Canadian citizenship and enjoy the benefits of dual nationality.
If you have Canadian roots in your family tree, it may be worth exploring whether you qualify for citizenship by descent and potentially obtaining a Canadian passport.
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