Who Gets Canada Birthright Citizenship, and who doesn’t?

Canada-Birthright-Citizenship

Some people need to meet eligibility requirements to apply for Canadian citizenship, while on the other hand, some just become citizens. Canada offers some individuals birthright citizenship if they qualify for it. However, they still must get proof of Canadian citizenship. 

Once an individual becomes a Canadian citizen, they are permitted to vote, apply for high-profile job positions that are reserved for citizens only and access all social benefits that the government provides. On the other hand, temporary or permanent residents do not have such privileges, unless they become naturalized citizens. 

How the Canadian government sorts out people who will be granted birthright citizenship and how one can be eligible to apply for it after gaining residency in Canada will be described in this blog.

How to Tell if You Have Citizenship as Birthright?

If any of the following situations applies to you, you most probably have Canadian citizenship as a birthright:

  • Your birthplace is Canada
  • You applied for naturalization (become a citizen by first becoming a PR)
  • You gained citizenship because of the changes to the Citizenship Act of 2009 to 2015
  • When you were a minor, your legal guardian or parent applied for your citizenship
  • You weren’t born in Canada but one of your biological parents was, or they were naturalized citizens before you were born

Such conditions make you a citizen of Canada from birth, meaning you don’t need to apply for the status.

How to Apply for Naturalization?

The people who do not automatically gain citizenship as a birthright can apply for citizenship. The process of gaining citizenship this way is called naturalization. 

The eligibility criteria to meet to apply for naturalization or Canadian citizenship is:

Canadian-Citizenship-Eligibility-Criteria
  1. Already be a PR
  2. Met language requirements
  3. Took citizenship oath
  4. Passed citizenship test
  5. Been in Canada for at least 1,095 days/3 years out of the previous 5 years
  6. Filed your taxes (if required)

Who Doesn’t Gain Canadian Citizenship Automatically?

Some people may think a few circumstances, such as marrying a Canadian citizen, make them a Canadian citizen officially. However, that’s not the case. The following circumstances do not make you a citizen automatically:

  • being married to a Canadian citizen
  • being adopted by a citizen
  • being PR for so many years, but haven’t applied to citizenship
  • refugee claim was accepted
  • you were born outside Canada on 17 April 2009 or after that, but before your birth, none of your parents were born in Canada or naturalized

Apart from these absolute conditions that do not make you a citizen automatically, there are also some instances where you most likely are not a citizen.

These instances are:

  • Though you were born in Canada, your parents are foreign diplomats
  • Your Canadian citizenship was either taken away or revoked
  • You renounced your citizenship yourself and did not apply to get it back

In any case, you can apply for proof of citizenship and get to be sure whether or not you are actually a Canadian citizen. In case it is found that you aren’t, IRCC will not refund the fees paid to apply for proof of citizenship. 

For more information, why not fill out the form below for some insights and advice from our experts on Canada’s citizenship!