After Canada’s citizenship law changed on December 15 2025, many people discovered they are Canadian citizens by descent. While a spouse who gains citizenship this way does not automatically extend the status to their partner, the new status does open pathways for the partner to obtain permanent residence and eventually citizenship.
Citizenship by descent does not transfer through marriage
Canadian citizenship by descent is granted only to individuals born to—or adopted by—a Canadian parent. It cannot be acquired simply by being married to a Canadian citizen.
Sponsorship possibilities for a spouse
A Canadian citizen who obtained citizenship by descent may sponsor their spouse for permanent resident (PR) status, provided they meet the sponsor requirements:
- Minimum age of 18 years.
- Residing in Canada, or intending to reside in Canada once the spouse becomes a permanent resident.
- Commitment to financially support the sponsored spouse.
Disqualifying factors for sponsors include certain violent convictions, default on a previous sponsorship undertaking, incarceration, receipt of social assistance (except for disability), or an active removal order. Sponsors residing in Quebec must also satisfy Quebec’s specific sponsorship rules.
Requirements for the sponsored spouse
The sponsored spouse (and any accompanying family members) must:
- Pass background and security checks.
- Complete a medical examination.
- Meet admissibility standards; past criminal convictions can affect eligibility depending on the offence, its timing, and any record suspension or rehabilitation.
Canada also recognizes common‑law and conjugal partners:
- Common‑law partner: lived with the sponsor in a marriage‑like relationship for at least 12 consecutive months.
- Conjugal partner: outside Canada, in an exclusive, interdependent relationship for at least one year, unable to marry or cohabit due to legal, immigration, social, cultural, or religious barriers.
Path from permanent residence to citizenship
Permanent residents enjoy most rights of citizens, including the ability to live, work, or study anywhere in Canada and access to many social benefits. However, they must satisfy a residency obligation—generally at least 730 days of physical presence in Canada within any five‑year period—to maintain PR status.
To apply for Canadian citizenship, a permanent resident must typically meet the following criteria:
- Accumulate at least 1,095 days of physical presence in Canada during the five years preceding the application, including at least 730 days as a permanent resident.
- File Canadian income taxes for at least three of those five years (if required).
- Satisfy language proficiency, pass a citizenship test, and take the oath of citizenship, depending on age.
Children’s citizenship status
Children born to a spouse who is a Canadian citizen by descent may also be Canadian citizens:
- Born before December 15 2025: Bill C‑3 generally restores citizenship automatically for children born abroad to a Canadian parent, even if the parent obtained citizenship through the 2025 rule change.
- Born on or after December 15 2025: If the parent was also born abroad, they must have accumulated at least 1,095 cumulative days of physical presence in Canada before the child’s birth or adoption for citizenship to pass on, unless an exception applies.
Children from a previous relationship with a non‑Canadian parent do not automatically acquire citizenship through the current spouse. The Canadian citizen may still sponsor such children for permanent residence, typically if the child is under 22 years old (or older if dependent due to disability).
Practical next steps
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Confirm the spouse’s eligibility for citizenship by descent. This involves gathering original documents (birth, marriage, adoption records) for each generation linking the applicant to a Canadian ancestor and submitting the paper Application for a Citizenship Certificate (CIT 0001) with required photographs and identification.
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Obtain the citizenship certificate. Processing times reported around mid‑2026 were approximately 19 months, though times can vary.
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Assess sponsorship eligibility once the certificate is received, ensuring the sponsor meets age, residency, and financial commitment criteria, and that any disqualifying factors are addressed.
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Prepare the sponsored spouse’s application, including background checks, medical exam, and documentation of admissibility.
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Plan for permanent residence obligations and eventual citizenship requirements, keeping track of physical presence days and tax filings.
These steps provide a clear pathway for spouses of newly recognized Canadian citizens by descent to secure permanent residence and, ultimately, Canadian citizenship.
Source article: www.cicnews.com
