Millions of Americans can get Canadian passports under new law

Millions of citizens of the United States are now eligible to claim dual citizenship with Canada, and can thereby obtain Canadian passports.

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Under the latest Canadian citizenship law, people with Canadian ancestry have automatically become eligible for Canadian citizenship.

It doesn't matter where you were born—and it doesn't matter whether your parents, or even your grandparents, ever lived in Canada, or even if they ever held Canadian passports themselves.

As long as you were born prior to December 15, 2025, and can trace your lineage back to a Canadian ancestor, you’re automatically eligible under Canada's citizenship by descent legislation, and you can apply for proof of Canadian citizenship.

Once you’ve received proof of citizenship, you can apply for a Canadian passport.

Citizenship by descent applies equally to children by birth and to children by adoption.

The new law applies to Americans all over the United States with Canadian ancestry, including an especially large concentration in New England, where an estimated three million Americans are eligible for Canadian citizenship, the bulk due to Canadian ancestry stemming back to mass migration from the years 1870 to 1930.

Americans who obtain dual citizenship with Canada can benefit from the rights and privileges of citizenship of both countries, including the right to enter Canada, and to settle in Canada permanently if they wish.

Dual citizens who go on to obtain Canadian passports can also benefit from the additional mobility the Canadian passport affords over the US passport.

To apply for proof of Canadian citizenship, you’ll need to provide evidence of your descent from Canadian ancestors, for example, a series of documents such as birth certificates and baptismal records.

As of the time of writing, the processing time for proof of citizenship applications is 11 months.

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Canadian citizenship imposes no tax obligations

Gaining Canadian citizenship does not impose any income tax obligations—not even the obligation to file a tax return.

Unlike US personal income taxes, which apply to US citizens residing anywhere in the world, Canadian personal income taxes apply on the basis of residency.

If as an American you obtain dual citizenship with Canada, but don't move to Canada or acquire any businesses or property in Canada, you won't owe any Canadian income tax, nor will you be required to file a Canadian income tax return.

In the event that you elect to settle in Canada permanently as a dual citizen, and thus become a resident of Canada for tax purposes, you can take advantage of the US-Canada tax treaty, which provides relief from double taxation, enabling tay payers with both Canadian and US tax obligations to offset certain taxes owed to one country on the basis of taxes paid to the other.

About citizenship by descent

Citizenship by descent applies only to people born outside Canada.

With a few exceptions, such as children of foreign diplomats, all children born on Canadian soil and in Canadian airspace are Canadians by virtue of birthright citizenship.

The new legislation, introduced in Bill C-3, "An Act to Amend the Citizenship Act," came into effect on December 15, 2025.

Prior to the passing of the law, Canadian citizenship by descent was limited to only a single generation born abroad, in provisions collectively known as the first-generation limit (FGL).

This now-defunct FGL, which had been introduced into Canada's Citizenship Act in 2009, was ruled unconstitutional by the Ontario Superior Court of Justice in December of 2023.

In response to the ruling of the old FGL as unconstitutional, the government had introduced bill C-3, which eliminated the FGL for all individuals born prior to December 15, 2025, and moving forward, provides an exception to the FGL for any children born on or after that date.

The exception to the FGL applies to cases in which the Canadian parent meets a substantial connection to Canada test, defined as the parent having lived in Canada for at least three years prior to the birth or adoption of the child.

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