As of today, amendments to Canada’s Citizenship Act have come into force, introducing significant changes for individuals and families impacted by Canada’s former citizenship by descent rules, including many commonly referred to as “lost Canadians.”
For years, certain individuals were denied Canadian citizenship because their parent was also born outside Canada, due to the first-generation limit. Courts found these rules to be unconstitutional, prompting Parliament to modernize the law.
Who may benefit from these changes?
The amended Citizenship Act may benefit:
- Individuals born outside Canada to a Canadian parent who was also born abroad and previously could not pass on citizenship
- Adults who were told they were not Canadian citizens, or whose citizenship applications were refused, under the old rules
- Families with children born or adopted abroad who maintain a real and meaningful connection to Canada
- Certain adoptees and descendants who were excluded due to technical or historical gaps in the legislation
Many individuals who believed they had no pathway to citizenship may now be eligible.
What has changed?
The amendments:
- Address historical inequities affecting “lost Canadians”
- Restore or recognize citizenship in situations where it was previously denied solely due to the first-generation limit
- Create a new framework allowing citizenship by descent beyond the first generation, where the Canadian parent can demonstrate a substantial connection to Canada (including periods of physical presence in Canada prior to the child’s birth or adoption)
Each case depends on specific facts, including dates of birth, parental citizenship, residence history, and prior interactions with Immigration, Refugees and Citizenship Canada (IRCC).
Why legal advice matters
Citizenship by descent cases are often complex and document heavy. Many involve:
- prior refusals or incorrect determinations,
- missing or historical records,
- adoption or surrogacy issues, or
- long-standing assumptions that citizenship was “lost.”
A careful legal review is often essential to avoid delays or further refusals.
How can we assist
Our firm regularly advises clients on:
- citizenship by descent and “lost Canadian” cases,
- reassessment of previously refused citizenship applications,
- citizenship applications for children born or adopted abroad, and
- strategic planning for Canadian families living internationally.
If you believe you or a family member may now qualify for Canadian citizenship under the new law, we encourage you to seek legal advice to assess your options.
To book a consultation, please contact us at lawoffice@fridman.ca or (204) 944-8889.