John Richardson, J.D. – August 13, 2026
Introduction
This is the second post in a series of posts designed to explore Canadian citizenship generally and Canada’s citizenship by descent rules specifically. The first post (which I suggest you read first) explained how Canada’s citizenship by descent rules work. If you haven’t read it, I suggest that you read it now.
Understanding The Citizenship By Descent Provisions Of Bill C-3 – The Canada Citizenship Act
For those who prefer a visual blueprint to determine whether you ARE a Canadian citizen see:
This post is organized in the following parts:
Part A – The difference between knowing what to do and doing what you know!
Part B – Proving your parent was a Canadian citizen
Part C – Proving 1095 days of physical presence
Let’s begin.
Part A – The difference between knowing what to do and doing what you know!
There is a huge difference between knowing what facts you must prove and actually proving those facts.
In a nutshell (with the exception of a few edge cases) you ARE a Canadian citizen if your situation is described in one of the following four possibilities:
1. You were born in Canada
2. You were naturalized as a Canadian citizen
3. You were born before December 15, 2025 to a Canadian citizen
4. You were born after December 14, 2025 to a parent who (1) is at the time of your birth is a Canadian citizens (2) was born as a Canadian citizen outside of Canada and (3) has at least 1095 days of physical presence in Canada prior to your birth.
Based on any one of these four scenarios you may apply for a Certificate Of Canadian citizenship. The problem is that you must prove the facts that entitle you to Canadian citizenship.
In other words: With the exception of those born in Canada or naturalized as a Canadian citizen (which are easier to prove) you bear the burden of proof. Your own birth certificate will prove the date that you were born. You will need independent documentary proof of:
– the fact that at least one of your parents was a Canadian citizen when you were born; and
– if you were born after December 14, 2025 that at least one of your Canadian citizen parents had accumulated at least 1095 days of physical presence in Canada prior to your birth.
“Easier said than done!”
Part B – Proving your parent was a Canadian citizen
This may or may not be easy to prove. But, it must be proven!
It will likely require a combination of birth records, marriage certificates, passports, etc.
What follows are four different perspectives on the issue of proof. Each of these perspectives reveals an important lesson
Perspective 1 – The perspective of Dan Hughes – an individual doing the work to prove his entitlement to a “Certificate of Canadian Citizenship”
I invite you to listen the following podcast – July 2026 – podcast I did with Dan Hugues.
Perspective 2 – The perspective of Alicea North an experienced Canadian immigration consultant
Perspective 3 – The perspective and creativity of genealogist Patrick at Vexillum Global
For a novel and creative way to prove citizenship, I offer the following tweet from Patrick at Vexillum Global.
What if your grandparent was NOT born in Canada? What if he or she was naturalized as a Canadian citizen?
It’s critical to understand HOW the Canadian citizenship of each generation is to be proven!
Perspective 4 – The Government of Canada – The document checklist
Here is the page on the Goverment of Canada site that includes the “document checklist”:
Part C – Proving 1095 days of physical presence
Without having a clear reason to spend time in Canada (school, employment, hotel stays, summer camp, etc.) this may be a challenge. If each generation can prove at least 1095 of physical presence in Canada, Canadian citizenship can become a family heirloom passed down from generation to generation.
College or university in Canada – an easy way to accumulate 1095 days
Why not attend university in Canada? Get an education and establish the 1095 days of presence so that your children can have the gift of Canadian citizenship. Canada has many high quality colleges and universities.
As I commented in a recent article in the Boston Globe:
As a Toronto-based lawyer who assists US citizens and green card holders living in Canada, I read this article with great interest. I have always believed that attending university in Canada is a wonderful opportunity for US residents seeking post-secondary options. Leaving aside other considerations, schools like McGill offer excellent opportunities at much lower cost than comparable US schools. There is a second benefit: There are various ways to leverage the student visa into permanent residence in Canada and eventually citizenship. This is a distinct advantage for those who see the value in dual citizenship.
John Richardson
Toronto, Canada
Bottom line:
“Citizenship is more of a search for proof than a search for truth!!”
This will be a lot of work! the following wisdom comes to mind:
“Success Favours The PREPared Mind!”
John Richardson – Follow me X.com/ExpatriationLaw