Frequently Asked Questions

Your answers to the most frequent questions. Updated September 17, 2026.

Canadian Citizenship by Descent

Answers to the questions we hear most often in consultations about claiming citizenship through a Canadian ancestor. Updated September 2026.

How long does a citizenship by descent application take?

There are two stages. First, we build the application from scratch: obtaining every Canadian and American vital record in your line and preparing the legal submissions. That usually takes 8 to 12 weeks from the day you retain us, depending on the complexity of your lineage and how quickly the archives and vital statistics offices respond. Second, IRCC decides the application. Applications for proof of citizenship are processed on paper, and IRCC's published processing time is about 33 months, with roughly 136,000 people waiting for a decision (IRCC figures, last updated September 3, 2026). Timelines fluctuate and may grow as more people apply under the expanded rules. Urgent processing is available in qualifying situations and can reduce the wait to a few months.

Do I qualify for urgent processing?

IRCC may expedite an application where there is a demonstrated need, such as work or studies in Canada, travel to Canada booked within the next six months, or personal hardship. The supporting documents carry the weight of the request. There is no extra government fee, and if the request is not granted your application simply continues in the normal queue.

Do I need to send original documents or certified copies?

No. IRCC asks for clear colour copies, not originals, and we recommend flatbed scans rather than phone photos. A certified copy is generally worth ordering only for the key record proving your ancestor's birth in Canada, and it can be added to your file after submission if it is still on order.

My ancestor was born in Quebec and has no birth certificate. Can I still apply?

Yes, and a record very likely exists. Quebec has registered births since the 1600s. From 1679 until the end of 1993 the parish priest or minister acted as the civil registrar, so the baptismal act was the birth record: it was written in duplicate, with one copy deposited at the courthouse. The Directeur de l'état civil took over on 1 January 1994 and holds the acts transferred to it, while registers more than a hundred years old sit with Bibliothèque et Archives nationales du Québec. One trap worth knowing: IRCC will not accept a Quebec certificate that was itself issued before 1 January 1994, whatever the date of the birth, so a fresh copy has to be ordered. Where no record survives, we document the searches we made and prove the birth on a balance of probabilities using census returns, church registers, and letters from the archives confirming the search.

The old records spell my ancestor's name differently. Is that a problem?

Usually not. Name variations and transcription errors are common in older records. When the dates, places, and family composition line up across documents, a letter of explanation walking the officer through the discrepancy typically resolves it.

How many generations back can citizenship by descent go?

Since the first generation limit was removed in December 2025, citizenship can pass through multiple generations where an unbroken chain to an ancestor born in Canada is documented. Lineages with more than two generations born outside Canada before 1947 carry an added legal risk tied to how the legislation is interpreted, which we assess before you apply.

Can my family apply together?

Yes. Family members claiming through the same ancestor can mail their applications in one package and share the genealogical evidence. Each applicant still needs their own forms, photos, two pieces of ID, and government fee. If any one application is incomplete, IRCC returns the entire package, so everything should be triple checked before mailing.

What photos do I need for a citizenship application?

Citizenship photos are not the same as passport photos. They have their own size specifications, must be less than six months old when the application is submitted, and the studio name and date must appear on the back. Bring the official specification sheet to the photographer.

My ancestor became a US citizen. Does that break the chain?

In most cases, no. Taking the US Oath of Allegiance is not a formal renunciation of Canadian citizenship, and amendments to the Citizenship Act in 2009 and 2015 restored status for most people who had lost it under older laws. We review any naturalization history as part of our assessment.

What happens after my application is mailed?

IRCC first issues an acknowledgement of receipt with your case number, which can take from a few weeks to a few months (as of September 2026). Once it arrives, additional documents such as certified copies can be added to your file, and the file can be monitored through to a decision. Successful applicants receive an electronic citizenship certificate.

My ancestor's birth was never registered, or the record cannot be found. Can I still apply?

Often yes. Civil registration began at different times across the country, and births in the late 1800s and early 1900s were sometimes registered late, incompletely, or not at all. Where no birth record survives, we document the searches we made, obtain a letter from the archives or vital statistics office confirming the search came back empty, and prove the birth on a balance of probabilities using the next best evidence: census returns, baptismal and church registers, marriage records, death registrations, and naturalization files that state a Canadian birthplace. Two independent Canadian records confirming the birth in Canada is the strongest position. We tell you how strong the available evidence looks before you retain us.

Could the law or IRCC's interpretation change before my application is decided?

This is the question we are asked most often, and no lawyer can rule it out. What we can do is tell you what has actually happened so far. When the first generation limit was removed in December 2025, IRCC did not narrow its reading of multi-generational transmission, but it did quietly pause certain files. Four days before the law took effect it issued an internal bulletin, Processing Pause on Certain Proof Applications, telling officers not to finalize some multi-generational claims, and its internal training told officers that certain cohorts were to be set aside pending further instructions. We obtained both through an access to information request. In mid-2026 the surrender letters raised the same question from a different direction, and again the multi-generational reading held. IRCC continues to grant applications several generations deep. The added risk is concentrated in lineages with more than two generations born outside Canada before 1947, and in claims running through an ancestor who died before the 2009 or 2015 reforms. We assess your specific chain, tell you if you fall into a cohort IRCC has set aside, and set that risk out in writing before you retain us. Where the risk is high we ask you to confirm in writing that you want to proceed.

Can I travel to, work in, or move to Canada while my application is pending?

A pending application does not restrict your travel. You continue to enter Canada exactly as you do now, on the passport and status you already hold, and the acknowledgement of receipt does not need to be shown at the border. What a pending application does not do is give you status in Canada. It is not a permit, so to work or study before your certificate is issued you still need the appropriate work or study permit unless you are exempt. Tell us early if you are planning a move, because booked travel, a job, or studies in Canada can also support a request for urgent processing.

What happens once I am approved? Do I get a Canadian passport?

Successful applicants receive an electronic citizenship certificate, which is the document that proves you are a Canadian citizen. It does not expire. A Canadian passport is a separate application made to Passport Canada after the certificate is issued, and it is not part of the proof of citizenship process. Whether you can in turn pass citizenship to a child born outside Canada depends on the substantial connection requirement introduced with the 2025 amendments, which we are happy to explain for your own situation.

Does it matter that a parent or grandparent in my chain has died?

No. A death in the chain does not break it and does not reduce your chances of success. The Citizenship Act contains deeming provisions under which an ancestor is treated as having been a citizen from a set date, whether or not they were alive to claim it and whether or not they ever held a certificate. What matters is the documentary chain: proof of the birth in Canada, and then each parent and child link down to you. Death registrations, probate files, and estate papers often help rather than hinder that. A person who has died cannot themselves be issued a certificate, but their descendants can still apply.

Do you advise on the tax consequences of becoming a Canadian citizen?

No. We are citizenship and immigration lawyers, not tax advisers, and nothing on this page is tax advice. Being recognized as a Canadian citizen does not by itself make you a Canadian tax resident, since tax residency turns on where you actually live and on your ties to the country. For US citizens in particular there are cross-border filing questions that deserve proper advice. If tax is a factor in your decision, speak with a cross-border accountant before you apply, and we are glad to work alongside one.

Are there downsides to dual citizenship? Will I lose my US citizenship?

Canada allows dual citizenship, and being recognized as a Canadian citizen does not affect your US citizenship. For most of our clients the practical effects are limited to travel documents: once you hold a Canadian citizenship certificate you can apply for a Canadian passport, and you must enter Canada as a Canadian and the United States as an American. Being a citizen does not by itself make you a Canadian tax resident or trigger any filing obligation in Canada; tax residency depends on where you actually live. Citizenship also does not create military service or residency obligations in Canada. If you hold a security clearance, work for a government, or hold citizenship of a third country, ask us about your situation during the consultation, since a few employers and countries treat dual nationality differently.

My ancestor was born before 1947, or several generations of my family were born outside Canada. Do you take these cases?

Yes. Most of our files involve an ancestor born in Canada in the 1800s or early 1900s and two, three or four generations born in the United States. Pre-1947 files turn on the old British subject and Canadian Citizenship Act rules, on when the ancestor left Canada and on whether and when they naturalized abroad, and we work through those provisions in your legal submissions. French-language parish records, spelling variations between records, small date discrepancies and missing civil registrations are normal in these files and are handled by our in-house genealogist. What matters at the consultation is the sequence of dates: births, emigration, marriage and any naturalization. Bring what you have and we will tell you where the risks are.

My ancestor was not born in Canada but immigrated there and naturalized. Does that count?

It can. An ancestor who became a British subject or a Canadian citizen inside Canada can anchor a claim, and the question is usually not whether they naturalized but when: the child born after the naturalization has a claim that can be carried down the lineage. Canadian naturalization records from the late 1800s and early 1900s are often incomplete, so we rely on census entries showing the person as naturalized, passenger lists, land grants, voters lists and similar Canadian records to establish status and timing. These are more complicated files than a Canadian-born anchor and we assess them case by case at the consultation.

I applied months ago and nothing seems to be moving. Is something wrong with my file?

Usually not. Since Bill C-3 came into force in December 2025 IRCC has received a very large volume of proof of citizenship applications, and its published processing time is about 33 months (as of September 2026). Applications are processed on paper, so months can pass between the acknowledgement of receipt and the next visible step, and we have seen periods of several months where very few decisions were issued at all. A quiet file is the norm, not a sign of a problem. If you have a genuine and documented need, such as employment, studies or a medical situation in Canada, urgent processing can be requested, although in our experience booked travel by itself has not been enough. If a file goes well beyond the published time, a mandamus application in Federal Court can compel a decision; see the questions below.

Working With Marin Immigration Law for Citizenship

How our research and legal team handles your file from retainer to decision.

Who will work on my application?

Every file is handled by two teams working together: a research team led by a professional genealogist, who locates and orders the historical records, and a legal team that drafts the forms and legal submissions. A lawyer leads your file from start to finish. Before anything is mailed, the complete package is reviewed by a second lawyer who has not worked on your file, and then by Cédric Marin, who reviews every final package before it is submitted.

Will I work directly with a lawyer?

Yes. You work one on one with the lawyer leading your file, most often one of our associate lawyers, and Cédric Marin works closely with the team on every matter. You speak with your lawyer at onboarding, receive milestone updates as the work progresses, and review the complete application together before it is submitted. Cédric conducts the final review and signs off before anything goes to IRCC.

How much experience do you have with citizenship by descent?

Marin Immigration Law practices exclusively in Canadian immigration and citizenship law, and our team has prepared and submitted more than 200 citizenship by descent applications since the rules were expanded. Our associate lawyers each carry dozens of these files, supported by our in-house genealogy team. We have had complex, multi-generational claims approved, including on urgent processing. You can read about real outcomes on our results page.

What does the process look like after I retain you?

The work runs in milestones. First, the genealogy research and the first drafts of your forms and legal submissions are completed, which usually takes 8 to 12 weeks from the day you retain us. Second, you review the drafts, sign the paper package, and provide your photos. Third, three lawyers review the file before submission: the lawyer leading your matter, a second lawyer who has not worked on your file, and Cédric Marin, who reviews every final package. You approve the final version before we mail it to IRCC.

What happens if IRCC returns the application as incomplete?

If IRCC returns an application we prepared as incomplete, we correct and resubmit it at no additional legal cost. This commitment applies to flat fee files only, not to limited retainers or work billed by the hour, and the terms of your signed legal services agreement prevail over anything on this page. It is one reason every package is reviewed by a second lawyer and by Cédric Marin before mailing.

Are you licensed and insured?

Yes. Marin Immigration Law holds a Certificate of Authorization from the Law Society of Ontario, every lawyer at the firm is individually licensed by the Law Society, and we carry professional liability insurance through LAWPRO, the insurer for Ontario lawyers. The firm practises exclusively in Canadian immigration and citizenship law.

What are the risks, and what do you assume about my file?

No lawyer can guarantee an outcome, and we will not promise you an approval or a specific processing time. Before you retain us, we explain the specific risks in your lineage in writing, including the interpretation risk for chains with several generations born abroad before 1947. Our assessment assumes all parent-child links are biological, that there are no adoptions in the line, and that no ancestor formally renounced Canadian citizenship, so tell us early if any of these may apply.

Who owns the documents and research you produce?

You do. Certified copies, genealogy records, the genealogy report, and the legal submissions letter all remain your property. When we receive original documents, we scan them on arrival and return the originals to you at our expense.

I prepared my own application. Can you review it on an hourly basis?

Yes. If you have done the work yourself, we offer hourly file reviews before you mail your application. We generally ask for a $1,500 CAD deposit up front, which is held in trust, and bill at $400 to $500 CAD per hour depending on the lawyer; any unused portion of the deposit is refunded. Reviews work best once your package is fully assembled, signed, and ready to submit.

Do I need my own genealogist, or do you obtain the records?

You do not need to hire anyone separately. Our research team is led by an in-house professional genealogist and does both the tracing and the record ordering as part of the flat fee, including Canadian and American vital records, census returns, church registers, and naturalization files. If you have already had genealogy work done, send it to us. Where it saves us research we reduce the fee accordingly. A small number of American states release a record only to the person named on it or on a court order, and in those cases we tell you exactly what to request and walk you through it.

Is there a reduced fee if several family members apply through the same ancestor?

Yes. Once the lineage has been researched for one applicant, that research does not need to be repeated, so additional family members claiming through the same ancestor are added at a reduced flat fee of $3,000 CAD each rather than the full fee. Each applicant still needs their own forms, photos, two pieces of ID, and government filing fee. We confirm the fee for your family in writing before you retain us.

Do you help with procedural fairness letters, surrender letters, and requests for additional documents?

Yes. Our support does not stop when the package is mailed. If IRCC sends a procedural fairness letter, a surrender letter, or a request for additional documents, we prepare and file the response for you. We also monitor the file, add documents that were still on order when we filed, and update or renew an urgent processing request if your circumstances change. You can count on our support until a decision is made on your application. The exact scope of that support is set out in your legal services agreement, which prevails over this page, so please read it before you sign.

Are you lawyers or immigration consultants?

We are lawyers. Cédric Marin and the associate lawyers who work on citizenship files are licensed by the Law Society of Ontario, carry professional liability insurance and can represent you before IRCC and in Federal Court if a file ever needs a judicial review or a mandamus application. Immigration consultants are regulated separately by the College of Immigration and Citizenship Consultants and cannot appear in Federal Court. Our staff genealogist, Kendra Gaede, works under the supervision of the lawyers; she is not a lawyer and does not give legal advice.

I already have my documents. Can you send me a retainer agreement by email and file my application?

No. We do not open a file or sign a Legal Services Agreement without first meeting you in a consultation, even when your documents are ready. The consultation is where we understand your lineage, identify the risks in your file and decide together whether we are the right firm for you. It protects you as much as us: you learn who will work on your file and what we will do, and we make sure we can actually deliver what you need before you pay a retainer. If the file is straightforward, the consultation is short and the fee is credited toward our flat fee when you retain us.

How long is the wait for a consultation, and can I skip the line?

Consultations are booked first come, first served through our online calendar, and our next available consultation is currently 3 to 5 weeks out (as of September 2026). We receive about 30 to 40 new inquiries a week through our website and we have deliberately limited intake so that the roughly 100 applicants already on our books get the attention they paid for. We cannot move people up the list by email, including for urgent situations, because everyone waiting has a reason to want an earlier date. Booking the first slot you see is the fastest route; if you later need to move it, you can reschedule from your confirmation email.

What should I prepare before my consultation?

Write out the chain from your Canadian ancestor down to you: each person's full name, date and place of birth, date of marriage, and, for anyone who left Canada, roughly when they emigrated and whether and when they became a citizen of another country. Note which records you already hold, for example your own birth certificate, your parent's and grandparent's, and any baptismal or naturalization records. You do not need to send documents in advance and we do not review them before the call, but having the dates in front of you lets us spend the 30 minutes on the legal questions rather than on reconstructing the family tree. If you have a family tree file, keep it open during the call.

Delays, Mandamus and Judicial Review

What to do when IRCC is not deciding, and what Federal Court work costs.

How much does a mandamus application cost, and how long does it take?

Mandamus is billed in stages, so you only pay for the steps your file actually needs: $1,000 CAD for the letter of demand, $2,000 to file, $6,000 to $8,000 for the applicant's record and $5,000 for a hearing, plus HST and disbursements. Most files settle before a hearing; one that runs all the way can take more than two years given the Federal Court backlog. See our full judicial review and mandamus fee schedule.

My application is delayed. Should I just reapply?

Usually not. A new application goes to the back of the same queue and does not cancel whatever is holding up the first one. Before deciding anything, obtain your GCMS or ATIP notes: if the delay is caused by security or background screening, reapplying will not help and a mandamus may be premature; if the file is simply sitting, a letter of demand followed by a mandamus application is often the right tool. We review the notes with you at a consultation before recommending a path. This is general information, not legal advice on your file.

What does a judicial review of a refusal cost?

Judicial review of a refusal is billed in three stages: $2,000 CAD to file, $7,000 to $8,000 for the applicant's record and $5,000 for the hearing, so $14,000 to $15,000 if it goes all the way, plus HST and disbursements. Deadlines are strict: 15 days from the decision inside Canada, 60 days outside. See our full fee schedule.

General Questions

Consultations, fees, and how the firm works.

Do you credit consultation fees?

Yes, for flat fee services. If you retain Marin Immigration Law on one of our fixed, flat fee services, such as a full retainer for a citizenship or immigration application, we credit the consultation fee toward that fee. The credit does not apply to limited retainers or to work billed by the hour, including file reviews.

What happens if I need more time after a consultation?

We offer flexible options for legal services, including booking additional consultations, retaining our services on an hourly basis, or having us represent you throughout your application process.

I have no idea how to immigrate to Canada. Can you help me?

Most clients come to us with specific Canadian immigration programs in mind. We help them determine their eligibility and guide them through the application process, or challenge refusals and unreasonable delays. If you have various options, we can help you assess the likelihood of success and how to mitigate risk.

If you're not sure where to start, we recommend visiting IRCC's website for more information on immigrating to Canada: https://ircc.canada.ca/

I only have a few simple questions. What's your email?

Our time is valuable and billable, like any other professional service. We would be happy to assist you in a paid consultation to provide legal advice. Learn more about our consultations here.

If you have questions regarding the operation of the firm, you can email contact@marinimmigrationlaw.ca. If you ask for legal advice, we will ask you to book a consultation.

Do you accept to represent every case?

At Marin Immigration Law, we focus on doing a few types of applications very well, with a particular focus on citizenship by descent, as well as judicial reviews. If Cédric determines that your specific needs would be better served by another lawyer, we are happy to provide you with a referral to another trusted legal professional.

How quickly do you reply to emails?


If we are retained to represent you for your application, you can expect replies within 48 hours from Monday to Friday, except holidays.

Do your prices include IRCC fees?

It depends on the service. For citizenship by descent applications, our flat fee includes the IRCC filing fee, genealogical research, document retrieval fees for ancestor records, and postage to the government, as set out in our legal services agreement. For all other services, our prices cover legal services only and exclude third party costs such as IRCC fees, biometrics, medical exams, and translations.

I want you to review my entire application prior to the consultation. Can you do this?

No. Marin Immigration Law does not perform extensive reviews before consultations. This would take many hours. However, we are happy to answer questions during the consultation and review as many forms or documents as possible within the allotted time. Consultations are available in 30-minute time slots. Following the consultation, you can retain us to review and properly complete the whole application. Or you can also book another call - it's up to you!

I want to retain you after the consultation. What are the next steps?

We will send you our legal services agreement to review and sign electronically, along with the details for your trust deposit. Once retained, we schedule an onboarding call, set up a timeline to complete your application, and request any additional necessary documents. We will communicate via email and meet as needed until your application is complete. Learn more about what to expect after a consultation here.

Why are your fees expensive?

Our prices reflect the professional experience and education of our founder and principal lawyer, Cédric Marin, who holds degrees in Civil Law, Common Law, and a Master of Laws from the University of Ottawa. Since 2017, he has gained valuable experience working for a judge at the Federal Court, the Immigration and Refugee Board of Canada, and the United Nations. Today he is supported by a team of associate lawyers and an in-house genealogy team, and every application is reviewed by more than one lawyer before it is submitted. Learn more about Cédric Marin here.

Where are you located?

Marin Immigration Law is based at 280 Albert Street, Suite 802, in Ottawa, Ontario. Our team works remotely across Canada, and we serve clients across Canada and around the world.

Do you guarantee that I will be approved?

No. Marin Immigration Law will ensure that you meet the eligibility requirements for your chosen immigration program and that your application is properly prepared. We help you review supporting documents. We will inform you of any potential risks associated with your application, and the final decision to proceed is ultimately up to you.

We will refuse to represent you if we think you have no chance of success. If there is a high chance of refusal, we will confirm in writing that you want to proceed.

Do you offer installments?

For citizenship by descent applications, fees are paid in two parts: half when you retain us and half before your application is submitted. For other services, we request payment up front. In all cases, funds are held in our trust account and applied as the work is completed, in accordance with the Rules and By-Laws of the Law Society of Ontario.

Do you use artificial intelligence on my file?

Yes, mainly because it helps us catch mistakes. An application is a mass of names, dates and places that have to agree across dozens of documents, and these tools are good at spotting the inconsistency a tired eye misses. We also use them for research, drafting, organizing your file, and taking notes at consultations, and we tell you at the outset if a call is recorded or transcribed. They are third party services, so your information is processed on their systems, generally outside Canada, and our duty of confidentiality applies in full to it. No AI tool decides anything on your file or gives legal advice: a lawyer reviews the work and takes professional responsibility for it, and you are billed for the work of our lawyers and staff, not for AI processing time. Our legal services agreement sets this out in more detail and prevails over this page, but we would rather you know it up front. If you would prefer that we not use these tools on your file, email cedric@marinimmigrationlaw.ca.

Disclaimer: This page is general information only, not legal advice, and may be incomplete or out of date. Laws change often. For advice on your situation, consult a qualified lawyer.