Since Bill C-3 came into force on December 15, 2025, thousands of Americans with Canadian ancestry have been applying for Canadian citizenship certificates each month.

However, questions remain about how the updated citizenship rules work. One common concern is whether a past criminal record/ conviction can affect a person’s claim to Canadian citizenship by descent.

For people who qualify as Canadian citizens through a Canadian parent or ancestry, citizenship status is separate from criminal history. A criminal record does not generally affect their citizenship status.

Can A Criminal Record Affect A Citizenship Claim?

A criminal record does not, by itself, prevent a person from being a Canadian citizen by descent.

Bill C-3 changed the Citizenship Act. It removed the first-generation limit that had restricted the transmission of Canadian citizenship to certain children born outside Canada. The previous rule had been introduced in 2009.

Under the updated rules, many people born outside Canada before December 15, 2025, are Canadian citizens. This applies if they were born to a Canadian parent. This can include people whose parent became a Canadian citizen under the changes introduced in 2025.

For children born outside Canada on or after December 15, 2025, different rules apply. When the Canadian parent was also born outside Canada, that parent generally must have spent at least 1,095 days in Canada. This time must have been completed before the child’s birth or adoption.

People who meet the applicable requirements may already be Canadian citizens under Canadian law. A citizenship certificate does not create citizenship. Instead, it provides official proof of a citizenship status that already exists.

This distinction is important for people with criminal records.

Canadian citizens have the right to enter, live, work and study in Canada without needing a visa or work or study permit simply because of their citizenship status.

Therefore, a person’s eligibility for citizenship by descent is based on the Citizenship Act and the person’s family connection to Canada, rather than whether the person has a criminal record.

Where A Criminal Record Can Matter: The Canadian Passport

A Canadian citizenship certificate and a Canadian passport are separate documents. They also follow different rules.

Your SituationCan A Criminal Record Affect You?
You’re a Canadian citizen by descent waiting for your Canadian citizenship certificateYour criminal record doesn’t change your citizenship status. But without proof, a border officer may assess you as a US visitor.
You’re a Canadian citizen by descent who has their Canadian citizenship certificateYour criminal record cannot impact your citizenship or your right to enter Canada. It can affect a Canadian passport application if you have open charges, a current sentence or a passport offence.
You don’t qualify for citizenship by descentA US conviction, including a DUI, can make you inadmissible to Canada.

Once a person has received proof of Canadian citizenship, they can apply for a Canadian passport. Passport applications require a separate process from citizenship certificate applications.

Canadian passport rules allow the government to refuse a passport in certain situations involving criminal matters.

These situations can include a person who:

  • Is currently charged in Canada with an indictable offence, or charged outside Canada with an offence that would be considered indictable in Canada;
  • Has been convicted of a passport-related offence under section 57 of the Criminal Code, or an equivalent offence outside Canada;
  • Is in prison or is subject to court conditions that prevent the person from leaving the relevant jurisdiction; or
  • Is subject to court conditions that prevent the person from possessing a passport.

This means that certain criminal matters outside Canada can affect a person’s Canadian passport application.

However, these restrictions generally apply to active criminal matters, current sentences, court conditions, or specific passport offences. A past conviction that authorities have already dealt with, such as an old misdemeanour, does not automatically fall under these grounds unless it involved a passport offence.

A person who receives a negative passport decision may have the option of asking the Federal Court to review the decision.

People with previous charges or convictions who are applying for a Canadian passport may choose to seek legal advice before submitting their application. A qualified Canadian immigration or citizenship lawyer can review the circumstances and explain the applicable rules.

A Criminal Record Cannot Prevent A Canadian Citizen From Entering Canada

Canadian citizens have a right to enter and remain in Canada. Once a border officer confirms that a traveller is a Canadian citizen, the officer cannot refuse the person entry based solely on criminal inadmissibility rules for foreign nationals.

However, Canadian citizens still need to establish their citizenship when they arrive at the border.

For travel by land or sea, a citizenship certificate together with government-issued photo identification can help establish Canadian citizenship.

This differs from the situation of a US citizen who does not qualify as a Canadian citizen.

A US citizen who is not a Canadian citizen remains a foreign national under Canadian law. Foreign nationals do not have the same automatic right to enter Canada as Canadian citizens.

A foreign national with a criminal record can be found criminally inadmissible to Canada. Depending on the circumstances, the person may need to resolve the inadmissibility before entering the country.

Possible solutions can include criminal rehabilitation or a temporary resident permit, depending on the person’s circumstances and the nature of the offence.

Canadian citizens, including those who acquired citizenship by descent, do not face criminal inadmissibility rules in the same way as foreign nationals.

Citizenship By Descent And Naturalization Are Different

Citizenship by descent is different from becoming a Canadian citizen through naturalization.

Naturalization, also known as a grant of citizenship, generally applies to permanent residents who want to become Canadian citizens after meeting the required conditions.

These conditions can include physical presence in Canada, tax filing requirements, language requirements and the citizenship test.

Criminal history can be relevant to a grant of citizenship application.

For example, certain applicants cannot receive a grant of citizenship while they are in prison, on parole or on probation. A person can also be prevented from receiving citizenship if they are facing certain criminal charges.

In addition, certain convictions for indictable offences in Canada or abroad during the relevant period before an application can prevent a person from receiving a grant of citizenship.

As a result, a permanent resident with a recent criminal conviction may have to wait before becoming eligible for Canadian citizenship through naturalization.

A citizen by descent is in a different position because that person is already a Canadian citizen if the legal requirements for citizenship by descent are met.

The proof of citizenship application is used to establish evidence of that status rather than to grant citizenship through the naturalization process.

Americans With Canadian Ancestry Can Apply

Americans who believe they have a claim to Canadian citizenship through ancestry can apply to Immigration, Refugees and Citizenship Canada for a citizenship certificate.

A successful application requires the applicant to establish the family connection to the Canadian citizen ancestor.

This usually means collecting documents that connect each generation in the family line. Depending on the family history, these documents can include birth, marriage and death records.

The records generally need to come from the original authority that issued or maintains them. This can include a vital statistics office, government department or provincial archive.

Collecting and organizing these records can be one of the more difficult parts of a citizenship by descent application, particularly when the family connection goes back several generations.

After gathering the supporting documents, the applicant can complete the required proof of Canadian citizenship application.

The applicant must also provide photographs that meet the government’s specifications, pay the required application fee and include the necessary identity documents.

Moreover, people with complicated family histories or unusual citizenship situations may choose to seek professional legal advice before submitting an application.

A criminal record does not automatically prevent a person from proving Canadian citizenship by descent. However, the person’s criminal history may become relevant to other matters, such as a Canadian passport application or entry into Canada before citizenship status has been established.

For this reason, applicants should distinguish between proving citizenship, applying for a Canadian passport and entering Canada as a foreign national. Each situation has its own rules.

Overall, a criminal record does not remove Canadian citizenship that a person already holds by descent. The key issue in a proof of citizenship application is whether the applicant meets the legal requirements for Canadian citizenship and can provide the documents needed to establish the family connection.

Palina Immigration Consultancy, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at Palinaimmigration.com.