Americans with Canadian parents, grandparents, or other family connections may wonder whether those ties provide a way to live in Canada. In some cases, the first question is not whether someone can immigrate to Canada, but whether they are already a Canadian citizen.
Canada’s citizenship-by-descent rules changed significantly on December 15, 2025. As a result, some people who were previously excluded from citizenship because of the former first-generation limit may now be Canadian citizens.
Canadian Citizenship by Descent
An American born outside Canada may already be a Canadian citizen through a Canadian parent. Whether someone is a citizen depends on factors including when they were born, whether their parent was a Canadian citizen when they were born, and how the applicable citizenship rules apply to their circumstances.
Under changes that took effect on December 15, 2025, people born outside Canada before that date who would have been citizens but for the former first-generation limit or certain other outdated provisions may now be Canadian citizens.
People who believe they are already Canadian can apply for a citizenship certificate as proof of Canadian citizenship.
What If You Have a Canadian Grandparent?
Having a Canadian grandparent does not automatically mean every American grandchild is a Canadian citizen. However, the 2025 changes are particularly important for some families with multiple generations born outside Canada.
IRCC states that, in most cases, a person born outside Canada before December 15, 2025, to a Canadian parent is automatically Canadian under the new rules. This can also apply if that person’s parent became Canadian because of the 2025 changes.
For a person born outside Canada on or after December 15, 2025, to a Canadian parent who was also born or adopted outside Canada, the Canadian parent generally must have accumulated at least 1,095 days of physical presence in Canada before the person’s birth for citizenship to be passed on.
Citizenship and Adoption
Different rules apply to adoption.
A person born outside Canada and adopted by a Canadian citizen does not automatically become a Canadian citizen because of the adoption. Depending on the circumstances, an adopted person may be eligible to apply for a direct grant of Canadian citizenship.
The adoption and citizenship application must meet the applicable requirements under the Citizenship Act.
For a person born and adopted outside Canada on or after December 15, 2025, in the second generation or later, eligibility for a direct grant generally requires the Canadian adoptive parent who was also born or adopted outside Canada to have accumulated at least 1,095 days of physical presence in Canada before the adoption. Exceptions can apply in certain circumstances, including some cases involving Canadian Crown servants.
Depending on the circumstances, families may instead use the immigration process for an adopted child to obtain permanent residence.
Family Sponsorship Is Different From Citizenship by Descent
Family sponsorship should not be confused with citizenship by descent. Canada does not have a general permanent residence program simply for Americans who have Canadian ancestry or extended family in Canada.
Canadian citizens, permanent residents and persons registered in Canada under the Indian Act may be able to sponsor certain eligible relatives for permanent residence if they meet the applicable requirements. Sponsorship of other relatives is available only in specific circumstances.
The Parents and Grandparents Program allows eligible sponsors to sponsor qualifying parents and grandparents for permanent residence. However, the program is currently paused. IRCC is not accepting new interest to sponsor forms or issuing new invitations to apply until further notice, while existing applications continue to be processed.
Conclusion
For Americans with Canadian ancestry, the first question may not be how to immigrate to Canada, but whether they are already Canadian citizens.
The December 2025 changes mean that some people with Canadian parents or grandparents who were previously affected by the first-generation limit may now have Canadian citizenship. Eligibility depends on the circumstances of each case, including dates of birth, whether a parent was Canadian when the person was born and, for certain people born or adopted on or after December 15, 2025, the Canadian parent’s physical presence in Canada.
Contact Jain Immigration Law
If you are an American with a Canadian parent, grandparent or other family connection and want to understand whether you may have a pathway to Canadian citizenship or permanent residence, contact Jain Immigration Law to discuss your circumstances with an experienced Canadian immigration lawyer.
Jain Immigration Law
Phone: +1 (416) 548-5533
Email: [email protected]
Website: www.jainimmigrationlaw.com