Back to Blogs2025-02-10Immigration Consulting

Birthright Citizenship in Canada: Who Is Canadian at Birth

Birthright Citizenship in Canada: Who Is Canadian at Birth

General Rule

Canada follows *jus soli* (right of the soil) for birthright citizenship. Most people born in Canada are Canadian citizens at birth, regardless of their parents' nationality, immigration status, or whether the parents are citizens, permanent residents, or temporary residents. This has been the case since 1947. The child does not need to apply for citizenship—it is automatic. A birth certificate from a Canadian province or territory serves as proof of citizenship.

Exceptions

There are limited exceptions. Children born in Canada to **foreign diplomats** (e.g., ambassadors, consular staff with diplomatic immunity) do not acquire Canadian citizenship by birth, as they are considered to be born "outside" Canadian jurisdiction. Children of other foreign government employees or visitors generally do acquire citizenship. If you're unsure about your situation, consult IRCC or a citizenship lawyer.

Children Born Abroad

Canadian citizens born outside Canada do not automatically pass citizenship to the next generation in all cases. Rules changed in 2009 and again in 2015. Generally, the first generation born abroad can pass citizenship to their children if the parent was born in Canada or naturalized. However, **second-generation Canadians born abroad** (i.e., children of Canadian citizens who were themselves born outside Canada) may not automatically be citizens. They may need to apply for citizenship or a grant. The "first-generation limit" was introduced to prevent indefinite citizenship by descent. Check current Citizenship Act provisions for your specific case.