From our experience at Kingwell Immigration Law, there are six recognized types of citizenship in Canada under the Citizenship Act:
Our Toronto-based team at Kingwell Immigration Law has spent over 20 years guiding individuals and families through every one of these citizenship routes, including the more complex situations that arise when paperwork, eligibility, or past refusals get in the way.
Each pathway has its own legal test, documentation, and processing route through Immigration, Refugees and Citizenship Canada. The legislative ground beneath several of them shifted significantly when Bill C-3 (An Act to Amend the Citizenship Act) received Royal Assent on November 20, 2025 and came into force on December 15, 2025, expanding citizenship by descent and creating new options for people previously cut out of the system.
Our role is to identify the right pathway for your circumstances, build the evidentiary record IRCC requires, and represent you if a decision needs to be challenged.|
Speak to a Canada citizenship lawyer in Toronto about your case today.
Whether you are applying for the first time, recovering citizenship that was lost decades ago, or defending against a revocation or refusal, our team brings the practical experience needed to handle every type of citizenship matter. We act for clients across Canada and around the world, and we appear regularly in the Federal Court when IRCC decisions need to be challenged.
Our citizenship work covers:
Every citizenship situation is different. We take the time to understand your family history, your goals, and any complications before recommending a route forward.
Citizenship by birth on Canadian soil applies to almost everyone born inside Canada, regardless of their parents’ immigration status. This rule is known in legal terms as jus soli, and it is set out in section 3(1)(a) of the Citizenship Act.
A person born in Canada is automatically a citizen from the moment of birth, with no application required.
The only exception is for children born in Canada to a parent who, at the time, was a foreign diplomat, consular officer, or representative of a foreign government. Those children do not acquire automatic citizenship through the jus soli rule.
Birth on Canadian soil also produces the cleanest documentation. Provincial vital statistics offices issue a birth certificate that serves as primary proof of citizenship for passports, federal benefits, and identification.
Where a status question arises later in life, such as for a child born to a diplomat or where a birth certificate has been lost, our firm can help confirm citizenship and obtain the right supporting documents from IRCC.
💡 Additional reading: naturalized citizen vs citizen
Citizenship by descent applies to children born outside Canada to at least one Canadian parent, where that parent is part of the first generation born abroad or was themselves born in Canada. These children are Canadian citizens from birth, even though they were born on foreign soil.
The pathway sits under paragraph 3(1)(b) of the Citizenship Act, which lists the categories of Canadian citizens.
First-generation descent works automatically by operation of law, with no application required to “become” a citizen. What is required is proof, obtained by applying to IRCC for a Canadian citizenship certificate that confirms the status already exists.
To support a certificate application, the parent’s Canadian citizenship must be documented, usually through their birth certificate or their own citizenship certificate, along with the child’s foreign birth certificate showing the parental link. Family members born abroad before 1977 sit under different historical rules, and our firm can review these older cases to identify the right legal basis and assemble the documentation IRCC will accept.
Additional reading: Canadian citizenship for Americans
Citizenship can now extend to children born abroad to a Canadian parent who was also born abroad, provided certain conditions are met. This pathway opened on December 15, 2025, when Bill C-3 replaced the first-generation limit that the Ontario Superior Court of Justice had ruled unconstitutional in Bjorkquist v. Attorney General of Canada in December 2023.
The new rules apply in two ways, depending on when the child was born:
This single change restored citizenship to large numbers of “Lost Canadians,” people born abroad to a second-generation Canadian parent or who lost status under earlier legislation, including the old retention rules under section 8 of the prior Act. Our firm can review your family history to determine whether Bill C-3 applies to you, identify the documentation IRCC will need, and recommend whether a certificate application or a more complex remedy is the right next step.
Find out whether Bill C-3 has restored your Canadian citizenship and book a consultation with our team.
Naturalization is the route most permanent residents take to become Canadian citizens. It is the only pathway that involves an application for a grant of citizenship from IRCC, rather than confirmation of citizenship that already exists by birth or descent.
Section 5 of the Citizenship Act sets the requirements.
The core eligibility criteria for adult applicants are:
Adult naturalization currently costs CAD $653.00 in IRCC fees, made up of a $530 processing fee and a $123 right of citizenship fee, effective March 31, 2026. Minors pay $100, and IRCC’s published service standard for citizenship processing is 12 months from submission to decision, though complex files often take longer.
Where a file presents added complexity, on physical presence calculations, tax compliance, or past inadmissibility issues, our firm prepares the application and supporting evidence to give IRCC the cleanest possible record from the outset.
💡 Additional reading: Canadian citizen vs permanent resident
Children adopted abroad by a Canadian citizen parent can become Canadian citizens through a direct grant under section 5.1 of the Citizenship Act. This pathway exists so adopted children can be treated, for citizenship purposes, in line with children born to Canadian parents, without having to first become permanent residents.
Bill C-3 broadened the adoption pathway considerably:
Adoption applications require provincial authorization, evidence that the adoption was genuine, and proof that the adoption created a real parent-child relationship rather than circumventing immigration rules. Where the Hague Convention on Intercountry Adoption applies, further requirements come into play depending on the child’s country of origin.
Our firm works alongside adoption agencies and provincial authorities to build a section 5.1 application that addresses every element IRCC examines.
Resumption is for people who were Canadian citizens, lost that status, and want it back. It is set out in section 11 of the Citizenship Act.
The Minister will grant citizenship on application if the person is a permanent resident, has been physically present in Canada for at least 365 days in the two years before applying, and is not under any prohibition that would block a grant.
This pathway most often comes up for people who renounced Canadian citizenship in the past, sometimes to take up citizenship in a country that did not allow dual nationality at the time, and who now want to live in Canada again. It can also apply where citizenship was lost through one of the older retention or revocation rules and where Bill C-3 has not automatically restored status.
Resumption involves a fresh application and IRCC review, with a processing fee of $530 for adults and $100 for minors.
Our firm can assess whether resumption is the right route for your situation or whether another pathway, such as a certificate confirming restored citizenship under Bill C-3, will produce a faster and cleaner result.
| Type | How Citizenship Is Acquired | Application Required? | Governing Section |
| By birth on Canadian soil | Automatic at birth in Canada | No (certificate optional) | s. 3(1)(a) |
| By descent, first generation | Automatic at birth abroad to a Canadian parent born in Canada or first-gen abroad | No (certificate required for passport) | s. 3(1)(b) |
| By descent, beyond first generation | Automatic if born before Dec 15, 2025; otherwise requires parent’s 1,095-day substantial connection | No application; certificate required | s. 3(1) as amended by Bill C-3 |
| By naturalization | Grant after meeting PR, residency, tax, language, knowledge, and prohibition rules | Yes, formal grant application | s. 5 |
| By adoption | Direct grant to a child adopted abroad by a Canadian parent | Yes, direct grant application | s. 5.1 |
| By resumption | Grant to former citizens meeting PR and residency rules | Yes, resumption application | s. 11 |
Citizenship loss in Canada is now limited to a single legal ground: fraud, false representation, or knowingly concealing material circumstances during the original immigration or citizenship process. This is set out in section 10 of the Citizenship Act.
The conduct-based grounds for revocation that existed under earlier legislation were repealed by Bill C-6 in June 2017.
In practice, this means citizens by naturalization can face revocation proceedings only where IRCC develops evidence that their original PR application or citizenship application contained material falsehoods. Citizens by birth and most citizens by descent face revocation only in extremely narrow circumstances, generally involving issues at the documentary or identity stage rather than conduct after the fact.
Renunciation, by contrast, is voluntary. Under section 9 of the Citizenship Act, a Canadian citizen who holds or will obtain another citizenship can apply to give up Canadian status.
Renunciation is sometimes considered for tax, employment, or military service reasons, and our firm advises clients on the legal consequences before any step is taken, so the decision is made with full awareness of what will and will not change.
Where IRCC or a citizenship judge refuses an application, finds an applicant ineligible, or starts revocation proceedings, the Federal Court of Canada is the route for judicial review. Our firm appears regularly at the Federal Court and has successfully overturned decisions where officers ignored evidence, applied the wrong legal test, or breached procedural fairness.
Recent matters from our case files illustrate the type of work this involves:
⚖️ Yasmin v Minister of Citizenship and Immigration (2018 FC 265): Convention refugee from Bangladesh. She applied for permanent residence as a protected person, however IRCC refused the application upon finding that she had failed to disclose another identity in the United States. We successfully appealed the decision to the Federal Court on the basis that IRCC had not provided her with evidence of a fingerprint match in breach of procedural fairness.
⚖️ M.M. v Minister of Citizenship and Immigration (2022 FC 1098): Study permit applicant from Iran. IRCC rejected her application, finding that her study plan was not logical in light of her education history. We successfully appealed to the Federal Court, arguing that the reasons were insufficient to justify the decision, and the application was sent back to IRCC for reconsideration.
Citizenship-related judicial review deadlines are short, as little as 15 days for in-Canada decisions under the Federal Courts Act, and missing them can permanently close the door on a remedy. Our firm moves quickly after a refusal or procedural fairness letter to preserve every available remedy and put forward the strongest legal argument the record allows.
If IRCC has refused your citizenship application, contact our team right away to protect your right to seek judicial review.
Canada permits dual and multiple citizenship. A naturalized Canadian is not required to renounce citizenship in another country to take the Oath, and a Canadian by birth or descent is free to acquire other nationalities without losing Canadian status.
The right is settled in Canadian law, though the rules of any second country must be checked separately.
Dual citizenship can produce real benefits, including visa-free travel, expanded property rights, and easier family sponsorship. It can also produce real obligations, including tax filings in two jurisdictions, military service requirements in some countries, and limits on consular protection while in the other country of citizenship.
For families where children may inherit citizenship from more than one country, careful planning before the child is born, or before they reach the age of majority, where retention rules apply, can prevent problems later. We regularly advise on the consequences of dual status, both for the client and for future generations.
The legal rights of every Canadian citizen, regardless of pathway, are identical under the Canadian Charter of Rights and Freedoms and federal legislation. Voting, eligibility for public office, social benefits, passport access, and consular protection apply equally to a citizen by birth, by descent, by naturalization, by adoption, or by resumption.
What differs is the documentary trail and the legal risks attached to each route. Whether the question is assembling cross-border records for a descent claim, defending a naturalized client against a revocation referral, or applying for a certificate after Bill C-3 has restored status by operation of law, our firm helps clients identify the right pathway, gather the right evidence, and respond appropriately when IRCC raises concerns.
Canadian citizenship sits at the end of long, document-heavy processes, and the consequences of getting it wrong, whether through a missed eligibility detail, an incomplete file, or an unresponded-to procedural fairness letter, can set families back years. Our firm exists to remove that risk.
We bring 20 years of immigration law experience, a strong record in the Federal Court, and a personalized approach that meets each client where they are.
If you are weighing your options under Bill C-3, preparing a naturalization application, or responding to a refusal, our team is ready to guide your case from start to finish.
Call us today at 416.988.8853 or book online to speak with our team about your citizenship matter.
You need four documents under Bill C-3: your grandparent’s Canadian birth certificate or citizenship certificate, your parent’s foreign birth certificate showing the link to the grandparent, your own foreign birth certificate, and proof of your Canadian parent’s 1,095 days of physical presence where the substantial connection test applies.
No, you can apply on your own through IRCC, and many straightforward naturalization files succeed without legal representation. Our firm is most often retained for cases involving inadmissibility, complex physical presence calculations, Bill C-3 restoration, revocation defence, or a previous refusal where IRCC has raised concerns.
A charge or conviction during processing triggers a prohibition under section 22 of the Citizenship Act, which can pause or end the application. You must notify IRCC, and the file may be returned, refused, or held until the criminal matter resolves, so coordinated legal advice protects both positions.
No, leaving Canada does not invalidate your application, because the 1,095-day physical presence test is calculated on the five years before the date you applied. However, you must return for the citizenship test, interview, and ceremony, all of which generally take place in person inside Canada.
There is no statutory deadline because Bill C-3 grants citizenship by operation of law from December 15, 2025, so the status itself does not expire. However, you cannot get a Canadian passport, vote federally, or access most federal benefits until IRCC issues your formal citizenship certificate.
