Since Bill C‑3 took effect on 15 December 2025, the first‑generation limit on Canadian citizenship by descent was removed. This change allows many Americans with Canadian ancestry to claim citizenship, but questions remain about whether a past criminal record can interfere.
Criminal record and citizenship by descent
A criminal record does not affect eligibility for Canadian citizenship by descent. The determination is based solely on lineage and the statutory requirements introduced by Bill C‑3:
- For persons born abroad before 15 December 2025, citizenship is automatic if at least one parent was a Canadian citizen at the time of birth, even if that parent acquired citizenship through the 2025 amendments.
- For children born abroad on or after that date, a Canadian parent who was also born abroad must have spent at least 1,095 days (three years) in Canada before the child’s birth or adoption.
If the lineage meets these criteria, the individual is already a Canadian citizen under law; a citizenship certificate merely confirms that status.
When a criminal record matters: the Canadian passport
A citizenship certificate and a Canadian passport are separate documents. While a criminal record does not change citizenship status, it can lead to a passport refusal if the applicant:
- Is currently charged in Canada with an indictable offence, or charged abroad with an offence that would be indictable in Canada.
- Has been convicted of a passport offence under section 57 of the Criminal Code (or an equivalent offence abroad).
- Is incarcerated or subject to court conditions that prevent leaving the jurisdiction.
- Is under court conditions that specifically bar holding a passport.
These grounds generally involve open charges, active sentences, or ongoing court restrictions. A resolved conviction, such as a decades‑old misdemeanor, is not listed as a refusal reason unless it was a passport offence. Applicants denied a passport may seek judicial review by the Federal Court.
Inadmissibility for non‑citizens
If a person does not qualify for citizenship by descent, a criminal record can render them inadmissible to Canada. Even a U.S. misdemeanor (e.g., a DUI) may lead to refusal at the border. Inadmissibility can be addressed through:
- Rehabilitation – a formal process that removes the inadmissibility after a prescribed period.
- Temporary Resident Permit – a discretionary permit allowing entry despite the inadmissibility.
Canadian citizens, including those by descent, cannot be deemed inadmissible; once a border officer verifies citizenship, entry must be granted.
Citizenship by descent vs. naturalization
- Citizenship by descent: No criminal‑history test; the individual is already a citizen once lineage requirements are satisfied.
- Naturalization (grant of citizenship): Requires permanent residence and evaluates criminal history. Applicants are barred while incarcerated, on parole/probation, or charged with an indictable offence, and convictions (in Canada or abroad) within the four years preceding the application also disqualify them. This can create multi‑year waiting periods for permanent residents with recent convictions.
Applying for a citizenship certificate
Americans with Canadian ancestry must submit a paper application to Immigration, Refugees and Citizenship Canada (IRCC). Key steps include:
- Collect lineage documents – birth, marriage, death certificates, or other official records linking each generation to the Canadian ancestor. Originals must be obtained from the issuing authority (e.g., vital statistics office, provincial archive).
- Complete the proof of citizenship form – available on the IRCC website.
- Provide photographs – meeting the government’s specifications.
- Pay the processing fee – the current amount is listed on the IRCC fee schedule.
- Include identity documentation – such as a passport or driver’s licence.
Complex cases often benefit from consultation with an immigration lawyer, but legal representation is not required to submit the application. Once the certificate is issued, the holder may apply for a Canadian passport, subject to the passport‑related criminal‑record criteria described above.
Source article: www.cicnews.com
