Since Bill C-3 came into force on December 15, 2025, more than ten thousand Americans with Canadian ancestry have been applying for Canadian citizenship certificates every month.
Many misconceptions about the new law remain. One question comes up often: can a past criminal record hurt a citizenship by descent application?
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Can having a criminal record or conviction affect my claim for Canadian citizenship by descent?
No. A criminal record does not impact whether you are a Canadian citizen by descent.
Bill C-3 amended the Citizenship Act to remove the first-generation limit, a rule introduced in 2009 that stopped Canadian citizenship from passing to children born abroad to a Canadian parent who was also born abroad.
In most cases, a person born outside Canada before December 15, 2025 is now a citizen if they were born to a parent who was a Canadian citizen, including where that parent became a citizen 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 in Canada before the child’s birth or adoption.
Many Americans who meet these criteria are therefore already Canadian citizens under Canadian law, and hold dual US-Canadian citizenship because of their ancestry. A citizenship certificate does not make them Canadian. It confirms a status they already have.
As Canadian citizens, they have the right to enter, live, work and study in Canada without a visa or permit.
In other words, citizenship by descent depends on law and lineage, not character.
Where a criminal record can matter: your Canadian passport
A citizenship certificate and a Canadian passport are separate documents, and each has its own rules.
| Your situation | Can a criminal record affect you? |
| You're a Canadian citizen by descent waiting for your Canadian citizenship certificate | Your criminal record doesn't change your citizenship status. But without proof, a border officer may assess you as a US visitor. |
| You're a Canadian citizen by descent who has their Canadian citizenship certificate | Your criminal record cannot impact your citizenship or your right to enter Canada. It can affect a Canadian passport application if you have open charges, a current sentence or a passport offence. |
| You don't qualify for citizenship by descent | A US conviction, including a DUI, can make you inadmissible to Canada. |
After you receive proof of citizenship, you can apply for a Canadian passport. IRCC’s Passport Program handles that application under the Canadian Passport Order.
The Order lets the Minister refuse a passport on several grounds linked to criminal matters. These include cases where an applicant:
- Is currently charged in Canada with an indictable offence (comparable to a felony in the United States), 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 in prison, or is bound by court conditions that prevent them from leaving the jurisdiction; or
- Is under court conditions that bar them from holding a passport.
That means that offences abroad can follow you into an application for a Canadian passport.
Most of these grounds involve open charges, current sentences or active court conditions. A conviction that is already dealt with, such as a decades-old misdemeanour, does not appear on this list unless it was a passport offence.
Applicants who want to challenge a decision can ask the Federal Court for judicial review.
If you or anyone else included in your application has a past charge or conviction, and you are applying for a Canadian passport, it may be best to speak to a licensed immigration lawyer. A qualified representative will be able to walk you through next steps.
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A criminal record can’t keep a Canadian citizen out of Canada
Every Canadian citizen has the right to enter and remain in Canada. Once a border officer is satisfied that a person is a citizen, the officer must admit them.
Citizens still have to prove their status at the border. When travelling via land or sea, a citizenship certificate together with government-issued photo ID can establish status.
Americans who do not qualify for Canadian citizenship by descent are in a very different position if they have a criminal record. Even a US misdemeanour, such as a conviction for driving under the influence (DUI), can lead to a refusal at the border.
Without Canadian citizenship or permanent residence, a US citizen is a foreign national under Canadian law, and foreign nationals have no guaranteed right to enter Canada.
A foreign national with a criminal record may be deemed criminally inadmissible, and be barred from entry until the issue is resolved, for example through rehabilitation or a temporary resident permit.
On the other hand, Canadian citizens, including citizens by descent, cannot be found inadmissible.
Citizenship by descent vs. naturalization
Citizens by descent differ from Americans who plan to become Canadian through naturalization.
Naturalization, through a grant of citizenship, is the process by which a permanent resident applies to become a Canadian citizen after meeting requirements such as physical presence in Canada, tax filing, language ability and a citizenship test.
Unlike a proof of citizenship application, a grant of citizenship application considers an applicant’s criminal history.
It bars a grant of citizenship while an applicant is in prison, on parole or on probation, or is charged with an indictable offence, and also blocks applicants convicted of an indictable offence, in Canada or abroad, in the four years before they applied.
A permanent resident with a recent conviction may therefore have to wait years before they are eligible to naturalize. A citizen by descent faces no such waiting period, as they are already Canadian citizens.
Have a Canadian ancestor?
Americans with Canadian ancestry can apply by mail to Immigration, Refugees and Citizenship Canada (IRCC) for a citizenship certificate.
In order to submit a successful citizenship by descent application package, they must first gather all the necessary documentation linking them to their Canadian ancestor, generation by generation.
Documents must be sourced from the original issuing authority that created or keeps the record, such as a vital statistics office, or provincial archive. This is usually the most time-consuming part of the citizenship by descent process.
Following this, you can fill out a proof of Canadian citizenship application form. You will also need to get photographs taken, according to the government’s specifications, pay the required fee, and enclose your identity documentation.
Those with more complicated cases often choose to speak to immigration lawyers before submitting an application.
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