A new law passed in December has paved the way for more Americans to apply for Canadian citizenship, which has led to a spike in inquiries from the U.S.
Before the change in the law — Bill C-3, or An Act to Amend the Citizenship Act — only first generation Canadians were allowed to apply.
The change retroactively allows people born outside Canada to a Canadian parent or who were adopted by a Canadian parent to apply for proof of citizenship. It means anyone who is a direct descendant of someone who was born in Canada, will be able to apply for proof of Canadian citizenship with no limit.
It all stems from a court ruling in 2023.
"Prior to this change in the law, only the first generation born outside Canada to a Canadian parent or adopted by a Canadian parent would be eligible to apply citizenship," explained Cassandra Fultz, an immigration lawyer. "And now that line is simply gone. Anyone who is a direct descendent of someone born in Canada or adopted by someone who is Canadian, they will be able to apply for proof of Canadian citizenship without any limits."
Fultz says that doesn’t automatically mean a person inherits Canadian citizenship. There is a process people must follow to claim that citizenship, and it could take up to a year for people to receive any documents.
"However, that door to claim citizenship is now wide open, and if you are eligible, you can walk through it," Fultz said.
In January, applications in Quebec by Americans for Canadian ancestral documents increased by 3,000%. In Ontario, applications have quadrupled.
Fultz said applications are coming from across the U.S., many from the northeastern U.S from those who are descendants of people who left the province of Quebec in the mid 1800s as well as those deported from the Maritimes in the mid-1700s.
