One in four New Englanders may qualify for Canadian citizenship, and with it the Canadian passport, under a new law expanding citizenship by descent.
The law eliminated the generational limit to inheriting Canadian citizenship for anyone born prior to December 15, 2025, the day the law came into force.
Millions of New Englanders—including many whose families have lived in the United States for generations—have at least one Canadian ancestor, on account of mass migration from Canada to the northeastern United States during the period from 1870—1930, according to a presentation given by Patrick White to the Rhode England Historical Society.
Get a Free Consultation on Applying for Proof of Canadian Citizenship
If you can trace your lineage back to a Canadian ancestor, you’re eligible for Canadian citizenship, regardless of whether your parents—or even your grandparents—ever lived in Canada or held a Canadian passport.
As a Canadian citizen, you would have the right to enter Canada at will, to live and work in Canada for as long as you wish, and to vote in Canadian elections.
Those who move to Canada can gain access to government-funded health insurance and other benefits, just like any other Canadian citizen.
If you have the required Canadian ancestry, you can apply to Canada’s citizenship and immigration department for proof of Canadian citizenship.
You’ll likely need to submit a paper application, and will require documents proving your Canadian ancestry, such as copies of birth certificates, marriage certificates, and baptismal records.
You can prepare and submit the application yourself, or can hire a legally authorized representative, such as an immigration lawyer or licensed consultant, to handle the application on your behalf.
If you use a representative, you must declare the representative on your application.
The processing time for proof of citizenship applications is 10 months, as of the time of writing.
After obtaining proof of citizenship, you can apply for a Canadian passport.
Applicants for Canadian passports currently benefit from a 30-day money-back guarantee on processing time.
Unlike US citizenship, Canadian citizenship does not impose any income tax obligations on those living outside Canada.
US-Canadian dual citizens who elect to move to Canada on a permanent basis will become residents of Canada for tax purposes, but can avoid double taxation through use of the US-Canada tax treaty.
About citizenship by descent
Under Canada’s birthright citizenship law, children born in Canada gain Canadian citizenship automatically, and can prove their citizenship using their birth certificates.
Citizenship by descent, in contrast, applies to children born outside Canada.
Under citizenship by descent, children of Canadian citizens by birth or adoption can inherit Canadian citizenship.
From 2009 through to December of 2025, Canada’s Citizenship Act limited citizenship by descent to one generation, in provisions referred to as the first-generation limit (FGL).
This older form of the FGL was ruled unconstitutional by the Ontario Superior Court of Justice in December of 2023.
The new law, which came into force on December 15, 2025, eliminated the FGL for all children born prior to that date, and provided for an exception to the FGL moving forward.
Children born on or after December 15, 2025 can gain citizenship by descent provided that their Canadian parent meets a substantial connection to Canada test, which is defined as having spent at least 1095 days in Canada prior to the birth or adoption of their child.
Get a Free Consultation on Applying for Proof of Canadian Citizenship