Summary of this article
New legislation allows Americans with Canadian ancestry to claim citizenship by descent.
Applicants must submit proof of lineage, with costs varying by legal support.
Increased demand has led to significant processing backlogs at immigration offices.
A significant legislative shift in Canada has expanded citizenship eligibility for millions of Americans with ancestral ties to the country, resulting in a substantial increase in applications. According to Associated Press, the change, which took effect on 15 December, has overwhelmed immigration practitioners as Americans explore the benefits of dual citizenship.
The legislation alters longstanding rules regarding citizenship by descent. Previously, citizenship could only be passed down through one generation, from parent to child. The new law extends this to anyone born before 15 December who can demonstrate a direct Canadian ancestor, such as a grandparent or great-grandparent. For those born on or after this date, applicants must verify that a Canadian parent resided in the country for at least 1,095 days.
Under this new framework, descendants are technically considered citizens already, provided they supply the necessary documentation for a certificate. AP reported that legal experts estimate millions of Americans qualify under these updated criteria.
Immigration lawyers are currently managing high volumes of inquiries. Nicholas Berning, an attorney at Boundary Bay Law in Bellingham, Washington, described his firm as “pretty much flooded with this.” He added, “We’ve kind of shifted a lot of other work away in order to push these cases through.” Similarly, Vancouver-based attorney Amandeep Hayer noted that his practice transitioned from roughly 200 citizenship cases annually to over 20 consultations per day.
Hayer, who advocated for the bill in parliament, explained the nature of the process, “You are Canadian, and you’re considered to be one your whole life. That’s really what you’re applying for, the recognition of a right you already have vested.” He compared the status to a baby born in Canada, who is a citizen by birth regardless of documentation.
Applicants cite various reasons for seeking dual citizenship, including job prospects and family heritage. Others, however, point to the current political climate in the United States. Michelle Cunha of Massachusetts, citing years of political activism, noted, “I put in my best effort for 30 years. I have done everything that I possibly can to make the United States what it promises the world to be, a place of freedom, a place of equality. But clearly we’re not there and we’re not going to get there anytime soon.”
Troy Hicks, a Nevada resident with a Canadian-born great-grandfather, said his interest followed negative feedback regarding the U.S. during an international trip. “So the idea of doing that with a Canadian passport just seemed easier, better, more palatable,” he said. Maureen Sullivan of Florida expressed a similar sentiment regarding security, “When I first heard about the bill, I couldn’t believe it. It was like this little gift that fell in my lap. There was kind of this collective excitement amongst the (family) who just felt like, we wanted to feel like we were doing something to take care of our security in the future if needed.”
According to Associated Press, the official fee for a proof of citizenship application is 75 Canadian dollars ($55). Costs escalate significantly for those requiring legal or genealogical assistance to locate historical records. Michelle Cunha estimated her total expenditure at $6,500. Conversely, Mary Mangan, of Somerville, Massachusetts, successfully filed in January without legal counsel, stating, “There are some situations where a lawyer might be the right thing, but for many people, I would guess 90% of people can probably do this on their own.”
Immigration, Refugees and Citizenship Canada currently cites a processing time of approximately 10 months, with 56,000 applications pending. Between 15 December and 31 January, the office confirmed citizenship by descent for 1,480 individuals. Last year, 24,500 Americans obtained dual U.S.-Canada citizenship.
While Fen Hampson, a professor of international affairs at Carleton University in Ottawa, described Canadians as “welcoming people,” he acknowledged concerns that an influx of applicants could impact resources for refugees and asylum-seekers. He noted that some Canadians are wary of “citizens of convenience”—individuals with tenuous ties to the nation. “I think where people start looking askance is someone who’s never been to Canada, who has very thin ties. They can get a passport, becoming Canadians of convenience. People don’t like that,” he said.
(With inputs from AP)
