For people with Canadian parents or grandparents, Canadian citizenship by descent can open a door they may not have realized was available.
Since Bill C-3 came into effect on December 15, 2025, Canada’s citizenship-by-descent rules have changed significantly. The first-generation limit was removed in certain situations, allowing some people born or adopted abroad to obtain or confirm Canadian citizenship beyond the previous first-generation restriction.
But there is one question that keeps coming up:
What if you have a criminal record?
Does a DUI, conviction, past charge, or even incarceration stop you from claiming Canadian citizenship through your Canadian parent?
The answer is different from the rules that apply when someone is applying to become a Canadian citizen through naturalization.
For people who are already Canadian citizens by descent under the Citizenship Act, criminality generally does not determine whether they are citizens. IRCC specifically stated during the Bill C-3 process that citizens by descent are not subject to security or criminality screening as a condition of being or remaining citizens.
However, a criminal record can still create complications involving travel, passport services, or Canadian immigration status if the person is not actually a citizen.
Let’s break down the difference.
What Is Canadian Citizenship by Descent?
Canadian citizenship by descent generally refers to citizenship acquired because a person was born or adopted outside Canada to a Canadian parent, subject to the rules of the Citizenship Act.
The rules changed substantially when Bill C-3, An Act to Amend the Citizenship Act (2025), came into effect on December 15, 2025.
Before the changes, Canada’s first-generation limit generally prevented a Canadian citizen born abroad from automatically passing citizenship to a child who was also born outside Canada.
Bill C-3 changed that framework.
For people born or adopted abroad on or after December 15, 2025, where the Canadian parent was also born or adopted abroad, the parent generally needs to demonstrate a substantial connection to Canada, currently defined as at least 1,095 cumulative days, or three years, of physical presence in Canada before the child’s birth or adoption.
This has also created a route for some people who were previously affected by the old first-generation limit to seek proof of Canadian citizenship.
Does a Criminal Record Stop Citizenship by Descent?
Generally, no.
This is the key distinction.
A person who is already a Canadian citizen by descent does not become a non-citizen simply because they have a criminal record.
IRCC explained in its material concerning Bill C-3 that people who become citizens by descent are not required to undergo security or criminality screening in order to be or remain citizens. The government also specifically addressed the possibility of a person with a criminal conviction becoming a citizen under the new rules.
So, if you qualify as a Canadian citizen by descent, a past criminal conviction does not automatically cancel that citizenship claim.
The important issue is first establishing whether you actually meet the citizenship-by-descent requirements.
That means lineage and the applicable Citizenship Act rules come first.
Bill C-3 Changed the First-Generation Limit
The first-generation limit was one of the biggest obstacles for families with Canadian ancestry.
Before Bill C-3, someone born outside Canada generally could not automatically acquire citizenship by descent if their Canadian parent was also born outside Canada, subject to certain exceptions.
Bill C-3 changed this framework.
The new rules allow citizenship to pass beyond the first generation in certain circumstances.
For people born before December 15, 2025 who would have been Canadian citizens but for the first-generation limit or certain outdated provisions, the new law can provide a route to citizenship.
This is why people with Canadian ancestry who previously believed they were not eligible for Canadian citizenship may now want to check their status.
What If You Have a DUI or Another Criminal Conviction?
A DUI or other criminal conviction can have serious consequences under Canadian immigration law, but that is a separate question from whether you are already a Canadian citizen by descent.
For non-citizens, Canada can find a person criminally inadmissible based on certain offences committed outside Canada. IRCC specifically lists offences such as dangerous driving and driving under the influence of drugs or alcohol among crimes that can potentially create criminal inadmissibility.
But a Canadian citizen by descent is in a fundamentally different legal position.
The question isn’t:
“Would this person be admissible as a foreign visitor?”
It is:
“Is this person already a Canadian citizen under the Citizenship Act?”
That distinction is extremely important.
Citizenship Certificate vs Canadian Passport
Here’s where things can get confusing.
A Canadian citizenship certificate and a Canadian passport are not the same document.
A citizenship certificate is proof of Canadian citizenship. IRCC says people who believe they became Canadian because of the citizenship-law changes can apply for a citizenship certificate so the government can determine whether they are Canadian and, if so, issue proof of citizenship.
A passport is a travel document issued under Canada’s passport rules.
Therefore:
Criminal record + citizenship by descent does not necessarily equal criminal record + unrestricted passport access.
The passport question has its own rules.
Can a Criminal Record Affect a Canadian Passport?
Yes.
This is one of the most important parts of the issue.
Under Canada’s passport rules, the Minister may refuse to issue a passport in certain criminal circumstances.
For example, passport services may be refused where a person:
- is charged in Canada with an indictable offence
- is charged outside Canada with an offence that would constitute an indictable offence in Canada
- is imprisoned
- is subject to court conditions restricting their ability to leave the country
- has been convicted of certain passport offences
- is subject to other circumstances specified under the Canadian Passport Order
So a criminal record does not automatically mean a Canadian citizen cannot obtain a passport.
The exact circumstances matter.
A past conviction is different from an active criminal charge, and a completed sentence is different from a current court order restricting travel.
What If the Person Has an Open Criminal Charge?
This is where the situation can become more complicated.
Canada’s Passport Program can investigate passport entitlement where a person is facing criminal proceedings or mobility restrictions.
Depending on the circumstances, passport services can be refused or delayed until the criminal proceedings or relevant restrictions have been resolved.
That means someone who has established Canadian citizenship by descent could still encounter a passport problem because of an ongoing criminal matter.
But that does not necessarily mean the person has lost their Canadian citizenship.
Those are separate legal questions.
Can a Criminal Record Stop You From Entering Canada?
For non-citizens, absolutely—it can potentially create criminal inadmissibility.
Canada assesses criminal inadmissibility when people who are not Canadian citizens seek to enter the country. Depending on the offence, sentence, and other circumstances, a person may require rehabilitation or another solution before travelling to Canada.
Canadian citizens are different.
Canadian citizens have the right to enter Canada.
However, proving that you are a Canadian citizen at the border can become an issue if you do not have appropriate proof.
This is particularly important for people who have only recently discovered that they may be Canadian through descent.
What If You Have Not Received Your Citizenship Certificate Yet?
Don’t assume that an ancestry claim automatically means you can board a flight to Canada as a Canadian.
IRCC recommends that people who believe they became Canadian through the citizenship-law changes first obtain proof of Canadian citizenship and then obtain a Canadian passport before travelling.
For air travel, Canadian citizens generally need a valid Canadian passport or another accepted Canadian travel document.
Dual Canadian citizens also face specific travel-document requirements.
So if you have a criminal record and are waiting for your citizenship certificate, don’t treat your ancestry documents and your travel authorization as interchangeable.
What Happens if You Are Not Actually a Canadian Citizen?
This changes everything.
Suppose someone believes they qualify for Canadian citizenship by descent but, after reviewing the Citizenship Act, they do not meet the requirements.
That person may still be treated as a foreign national.
In that situation, a criminal conviction can potentially affect Canadian immigration admissibility.
For example, IRCC says criminal inadmissibility can arise from offences including theft, assault, dangerous driving and impaired driving.
Depending on the circumstances, options can include:
- Criminal rehabilitation
- Deemed rehabilitation where applicable
- A Temporary Resident Permit
- Other immigration strategies depending on the person’s situation
The correct option depends on the offence, sentence, dates, and the person’s current immigration circumstances.
Canadian Citizenship by Descent vs Naturalization
This distinction is worth highlighting because many online articles mix these two concepts together.
Citizenship by descent
You are claiming or confirming citizenship based on your relationship to a Canadian parent and the applicable Citizenship Act rules.
Criminality is not generally a condition for being or remaining a citizen by descent.
Citizenship by naturalization
You are applying to become a Canadian citizen after meeting the requirements for citizenship.
Different rules apply.
For example, IRCC says people can be prohibited from becoming Canadian citizens in certain circumstances involving imprisonment, probation, parole, active criminal proceedings, or recent convictions for certain offences.
So you should never assume that the criminality rules for a citizenship grant are identical to the rules for proving citizenship by descent.
Does Bill C-3 Give Citizenship to Everyone With Canadian Ancestry?
No.
Having a Canadian grandparent or another Canadian ancestor does not automatically mean that you qualify.
The relationship between you and the Canadian citizen, the parent’s status, your date and place of birth, whether adoption is involved, and the applicable version of the Citizenship Act all matter.
For people born or adopted abroad after December 15, 2025, where the Canadian parent was also born or adopted abroad, the law includes the three-year physical-presence requirement for the Canadian parent.
That means a citizenship-by-descent assessment should be based on the complete family history—not simply the statement:
“My grandfather was Canadian.”
What Documents Can Help Prove Citizenship by Descent?
IRCC’s citizenship certificate process is designed to determine whether someone is a Canadian citizen and provide proof of that status.
Depending on the case, applicants may need documents demonstrating:
- Their identity
- Their birth
- Their relationship to the Canadian parent
- The Canadian parent’s citizenship
- Relevant birth or adoption records
- Documents connecting multiple generations
- Physical presence in Canada where required under the post-Bill C-3 rules
IRCC’s official citizenship-certificate guidance should be checked for the exact document requirements for your situation.
What Should You Do If You Have a Criminal Record?
Don’t automatically abandon a citizenship-by-descent claim because of a conviction.
Instead, separate the issues.
Step 1: Determine whether you qualify for Canadian citizenship by descent.
Step 2: Apply for a citizenship certificate if you need official proof.
Step 3: If you are confirmed as Canadian, review the passport requirements separately.
Step 4: If you have an active criminal case, court restrictions or a serious conviction, get professional legal advice before making travel plans.
Step 5: If you are not actually a Canadian citizen and need immigration permission to enter Canada, investigate criminal inadmissibility before travelling.
This approach avoids one of the biggest mistakes in ancestry-based immigration research: treating citizenship status, immigration admissibility and passport eligibility as the same thing.
Can a Criminal Record Affect a Canadian Citizenship by Descent Claim?
The short answer
A criminal record generally does not prevent someone from being a Canadian citizen by descent if they meet the Citizenship Act requirements.
Bill C-3’s citizenship-by-descent framework does not impose the same criminality screening that applies to people seeking citizenship through naturalization. IRCC has specifically stated that Canadians who are citizens by descent are not required to undergo criminality screening to be or remain citizens.
However, criminal matters can still affect Canadian passport services, particularly where there are active charges, imprisonment, court-imposed travel restrictions or passport-related offences.
And if the person is not actually a Canadian citizen, their criminal record can potentially affect whether they are admissible to Canada.
That’s the distinction applicants need to understand.
What This Means for Americans With Canadian Ancestry
The changes introduced by Bill C-3 are particularly relevant to Americans and others who have Canadian parents and family connections.
If you previously assumed that the first-generation limit meant you could not become Canadian through a parent born abroad, the rules may now be different.
But don’t stop at ancestry.
You need to establish your legal citizenship status under the current Citizenship Act, obtain proof of citizenship where appropriate, and then separately consider passport and travel issues.
And if there is a criminal record involved, professional advice can be especially important because the consequences may depend heavily on whether the matter is:
- A past conviction
- An active charge
- A completed sentence
- A conviction outside Canada
- An offence that has a Canadian equivalent
- A matter involving current court restrictions
- A passport-related offence
Final Takeaway
A criminal record does not automatically erase or prevent Canadian citizenship by descent.
Since Bill C-3 came into force on December 15, 2025, eligible people born or adopted abroad may qualify for Canadian citizenship under the updated rules, including certain people affected by the former first-generation limit.
The bigger issue is understanding the difference between citizenship status, proof of citizenship, passport eligibility and immigration admissibility.
A person can potentially be a Canadian citizen by descent despite having a criminal record, while still encountering separate problems when applying for a passport because of an active criminal matter or court restriction.
If you have Canadian ancestry and a criminal record, don’t rely on a simple online “yes” or “no.” Review your citizenship history, criminal record and current travel situation under the rules that apply to you.
Visa Nexa provides information on Canadian citizenship, citizenship by descent, immigration, permanent residence and changing IRCC policies. For an individual case involving criminality or passport restrictions, consult a qualified Canadian immigration lawyer or other authorized professional.
