Canadian Citizenship Through Descent: The 1,095-Day Test and Proof

Canadian citizenship by descent passes automatically to anyone born outside Canada whose parent was a Canadian citizen at the time of birth, if that child is the first generation born abroad. For the second generation and beyond, the child qualifies only if the Canadian parent spent at least 1,095 cumulative days physically in Canada before the child’s birth — a rule that took effect on December 15, 2025, under Bill C-3.¹² The same legislation also restored citizenship to many people previously shut out under the old first-generation limit.

First Generation Born Abroad

The simple case first. If you were born outside Canada after February 14, 1977, and at least one of your parents was a Canadian citizen when you were born, you are a Canadian citizen by descent.³ Your parent was born in Canada or naturalized there, you are the first generation born abroad, and citizenship is yours automatically at birth. No grant application is needed. You will, however, need a citizenship certificate to prove it.

The relevant relationship is “legal parent at birth” — the person named on your original birth certificate. That covers biological parents and non-biological parents alike, so surrogacy and other arrangements are included as long as legal parentage was established at the time of birth.⁴

Second Generation and Beyond: The 1,095-Day Test

Where both you and your Canadian parent were born outside Canada, eligibility depends on when you were born.

For children born abroad on or after December 15, 2025, citizenship passes only if the Canadian parent can show at least 1,095 cumulative days of physical presence in Canada before the child’s birth.¹ The days don’t have to be consecutive. A parent who spent childhood years in Canada, moved abroad, and later returned for another stretch can add all those periods together. The government calls this the “substantial connection” test.

If neither Canadian parent can meet the 1,095-day threshold, the child does not receive citizenship at birth.⁵ A parent short of the threshold would need to accumulate more time in Canada before any future children are born abroad if they want those children to be citizens.

Born Before December 15, 2025

Bill C-3 didn’t only change the rules going forward. It also swept in people previously excluded. If you were born outside Canada before December 15, 2025, to a Canadian parent, you are in most cases automatically a citizen now, even if your parent was also born abroad.⁵ The 1,095-day test does not apply to anyone born before that date.

The same provisions reach “Lost Canadians,” people who lost or never received citizenship under older versions of the law, including provisions of the 1947 Canadian Citizenship Act. Bill C-3 restored citizenship for remaining Lost Canadians, their descendants, and people born or adopted abroad in the second or later generation before the law took effect.² Anyone who became a citizen automatically under these rules but does not want it can use a simplified renunciation process.

Automatic citizenship still doesn’t come with automatic paperwork. To document your status, you’ll need to apply for a citizenship certificate.

The Crown Servant Exception

The 1,095-day test does not apply to children of Canadian government employees posted abroad. If your parent was working outside Canada with the Canadian Armed Forces, the federal public administration, or the public service of a province at the time of your birth, you are exempt.¹ The exception also runs one generation further: if one of your parent’s parents was a Crown servant posted abroad when your parent was born or adopted, you qualify too.

The employee cannot have been “locally engaged,” meaning hired on-site in the foreign country rather than posted there from Canada. Proving the exception takes an employment document from the responsible authority listing the parent’s or grandparent’s name, position title, start date, and dates of transfer abroad.⁴

Adopted Children Follow a Different Path

Adoption by a Canadian citizen does not automatically produce a Canadian citizen. Instead of citizenship by descent, adopted children go through a direct grant process, and the adoption itself has to meet specific requirements under the Citizenship Act.⁶

For a child under 18, the adoption must have been in the best interests of the child, created a genuine parent-child relationship, complied with the laws of both the country where the adoption happened and where the adoptive parents live, and not been arranged primarily to gain citizenship or immigration status. For someone adopted at 18 or older, a genuine parent-child relationship must have existed before the person turned 18.⁶

The 1,095-day test applies to adopted children the same way it applies to biological children. If the adoptive parent was born abroad, that parent needs 1,095 days of physical presence in Canada before the adoption for the child to qualify.⁵ Where the adoption does not meet the requirements for a direct grant, sponsoring the child through the immigration process is the alternative.

Proving Your Citizenship

Whether you were a citizen from birth or became one under the 2025 changes, you’ll need a citizenship certificate to prove it — for a Canadian passport, for work, or for anything else that asks for documentary proof. The fee is $75 CAD.⁷

The application asks you to build a paper trail from you back to your Canadian parent, and sometimes your grandparent. Expect to gather:

Your long-form birth certificate showing your parents’ names. Short-form certificates listing only your name are not enough.
Your Canadian parent’s proof of citizenship: a Canadian birth certificate, naturalization certificate, or existing citizenship certificate.
Two pieces of identification with your name and date of birth, one of them with a photo.
If your Canadian parent was also born abroad, your grandparent’s proof of Canadian citizenship, along with evidence of your parent’s physical presence in Canada.
If you’re claiming the Crown servant exception, the employment document described above.

All documents should be clear colour copies. Anything not in English or French needs a translation with a sworn affidavit from the translator; you cannot translate your own documents.⁴

Depending on when you and your parent were born and when your parent became Canadian, you’ll apply either online or on paper. IRCC’s application page sets out which channel fits which situation.⁸ Applicants living outside both Canada and the United States apply through consular services.⁹ Processing has been running around 12 months as of mid-2026; the IRCC site publishes current estimates. Inconsistent names, dates, or spellings across your documents are the most common cause of delay, so it’s worth reconciling them before you submit.

If You’re Refused

A refusal doesn’t necessarily mean you aren’t a citizen. It often means the evidence you sent was not enough. You can seek judicial review at the Federal Court of Canada, but you must file within 30 days of the date on the refusal letter.¹⁰ Judicial review is not a fresh look at your claim; the court reviews whether IRCC made a legal error. Missing the 30 days generally closes that door, so treat the deadline as urgent.

Does Canadian Citizenship Mean Canadian Taxes?

Not by itself. Canada taxes based on residency, not citizenship. If you live permanently outside Canada, do not keep significant residential ties there such as a home, spouse, or dependants, and spend fewer than 183 days a year in the country, the Canada Revenue Agency treats you as a non-resident and taxes you only on Canadian-source income.¹¹ Confirming your descent claim through a citizenship certificate does not, on its own, change that.

1
Justice Laws Website. Citizenship Act RSC 1985, c C-29 – Section 3
2
Immigration, Refugees and Citizenship Canada. Bill C-3: An Act to Amend the Citizenship Act (2025) Comes Into Effect
3
Justice Laws Website. Citizenship Act RSC 1985, c C-29 – Part I The Right to Citizenship
4
Immigration, Refugees and Citizenship Canada. Guide for Paper Applications for a Citizenship Certificate for Adults and Minors – Section 3
5
Immigration, Refugees and Citizenship Canada. Change to Citizenship Rules in 2025
6
Immigration, Refugees and Citizenship Canada. Citizenship for Your Adopted Child: Who Can Apply
7
Immigration, Refugees and Citizenship Canada. Apply for a Canadian Citizenship Certificate: About the Process
8
Immigration, Refugees and Citizenship Canada. Apply for a Canadian Citizenship Certificate: How to Apply
9
Government of Canada. Apply for a Canadian Citizenship Certificate From Outside Canada and the United States
10
Immigration, Refugees and Citizenship Canada. What Can I Do if My Citizenship Application Is Refused?
11
Canada.ca. Non-Residents of Canada