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Canadian Citizen by Descent: Can Your Grandchildren Claim Citizenship?

5 min read
Canadian Citizen by Descent: Can Your Grandchildren Claim Citizenship?

Bill C-3 and Canadian Citizenship by Descent: What Families Need to Know About the 1,095‑Day Rule

Why December 15, 2025 matters
Bill C-3 removed the first‑generation limit and restored citizenship for people born abroad who can trace an unbroken line to a Canadian ancestor. But the law also creates a key cutoff: December 15, 2025. Whether a child or grandchild automatically acquires Canadian citizenship by descent depends on whether they were born before or on/after that date.

How descent rules changed
For descendants born before December 15, 2025, citizenship follows the same ancestral line that made you Canadian — the parent in that generation does not need to have lived in Canada. For anyone born on or after December 15, 2025, an additional test applies: if the Canadian parent was also born abroad, they must have accumulated at least 1,095 cumulative days in Canada before the child’s birth.

Who remains unaffected
If your child or grandchild was born before December 15, 2025, they inherit the same citizenship claim as you through the same ancestor. Each person must still apply for their own proof of citizenship and provide documents linking every generation to the Canadian ancestor.

What the 1,095‑day test requires
For children born abroad on or after December 15, 2025, the Canadian parent (if born abroad) must show at least 1,095 days physically present in Canada before the child’s birth. Key points:
– Days do not need to be consecutive; IRCC totals separate stays across the parent’s life.
– Time can be work, study, visits, family stays, etc., provided verifiable records exist.
– If the parent has not reached 1,095 days by the child’s birth, the child will not automatically be Canadian by descent.

Practical options if the parent lacks 1,095 days
Families commonly consider two options:
– Build the parent’s physical presence: once the parent has their own citizenship certificate they can live in Canada and, with roughly three years’ residence, meet the 1,095‑day threshold before having children.
– Use birthright citizenship: a child born on Canadian soil (except children of accredited foreign diplomats) is Canadian at birth.

Sponsorship as an alternative route
If a child born after December 15, 2025 does not qualify by descent, the Canadian parent can sponsor the child for permanent residence, move to Canada, and then apply for citizenship on the child’s behalf. Important sponsorship points:
– The sponsor must be 18+, a Canadian citizen, and normally living in Canada. Citizens abroad can sponsor if they show they will settle in Canada once the child receives PR and sign an undertaking to support the child.
– The child must be a dependant: under 22 and without a spouse or partner.
– A sponsored child under 18 may receive a 5(2) grant of citizenship with no physical presence requirement (those 14+ must take the Oath). A dependent sponsored between 18–21 must meet normal naturalization rules (1,095 days in Canada within the five years before applying, pass the test, take the oath).

How IRCC checks the 1,095 days
IRCC updated its proof of citizenship package in August 2026 and introduced form CIT 0555, which records each trip and period in Canada. Applicants relying on a parent’s time in Canada should expect:
– A day‑by‑day tally on CIT 0555; IRCC may verify every entry and request contacts to corroborate timelines.
– Clear colour copies of authentic documents only. Acceptable evidence falls into seven categories:
1) Employment and school records (T4s, transcripts)
2) Travel records (passport stamps, entry/exit data)
3) Residential records (leases, mortgages, insurance)
4) Canadian government records
5) Sworn affidavits from institutions (religious, unions, volunteer groups)
6) Sworn affidavits from third parties who knew about the parent’s time in Canada (not relatives)
7) Other proof showing presence, with contact details for the individual or organization
– Affidavits must be sworn before a notary or commissioner and include the signer’s name, address and phone or email. Relatives (parents, siblings, first cousins) cannot serve as affidavit witnesses.

What families should do now
– Check birthdates of children and grandchildren against the December 15, 2025 cutoff.
– If relying on the 1,095‑day rule, compile contemporaneous records now: passport pages, employment and school documents, leases, tax records, and sworn third‑party affidavits where needed.
– Consider whether to move to Canada and build physical presence before having children, plan for births in Canada, or prepare to sponsor a child if descent is not available.
– Seek personalized legal advice for complex cases or gaps in documentation.

Practical examples
– A grandchild born abroad in 2019 inherits the same citizenship claim as the grandparent and parent — no 1,095‑day test applies.
– A child born abroad in 2026 to a parent who discovered citizenship after December 15, 2025 and has not lived long enough in Canada will not automatically be Canadian by descent; sponsorship, birth in Canada, or the parent building days in Canada are the main options.
– Intermittent stays in Canada (semesters, summer jobs, visits) can be added cumulatively, so keeping records of each period is important.

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