Toronto Immigration Lawyers Assisting With Canadian Citizenship Applications

Canadian citizenship provides essential legal rights and protections, including the right to vote in federal, provincial, and municipal elections, eligibility for certain government positions, and the ability to apply for a Canadian passport. While permanent residents generally have the right to live and work anywhere in Canada, citizenship provides additional security of status and full participation in Canada’s democratic system.

For most applicants, becoming a Canadian citizen requires first obtaining permanent resident status and then meeting specific statutory requirements under the Citizenship Act.

At Garson Immigration Law in Toronto, we have been assisting people in securing Canadian citizenship for over 30 years. Our founding partner, David Garson, is designated as a certified specialist in citizenship and immigration law by the Law Society of Ontario, and our entire team has devoted their entire practice to immigration law. We have extensive experience successfully assisting clients through the Canadian citizenship process.

Eligibility Requirements for Canadian Citizenship

To apply for Canadian citizenship as an adult, you must meet several requirements.

1. Permanent Resident Status

You must be a permanent resident of Canada at the time you apply. You must not be under a removal order and must not be subject to certain prohibitions, including specific criminal convictions or ongoing criminal proceedings.

2. Physical Presence Requirement

You must have been physically present in Canada for at least 1,095 days (three years) during the five-year period immediately before you sign your application.

In certain circumstances, limited time spent in Canada before becoming a permanent resident (for example, as a temporary resident or protected person) may count toward the physical presence requirement, subject to statutory limits.

3. Income Tax Filing Requirement

If required under Canadian tax law, you must have filed income taxes for at least three years within the five-year eligibility period before applying.

4. Language Requirement (Ages 18–54)

If you are between 18 and 54 years old on the day you sign your application, you must demonstrate adequate knowledge of English or French. The minimum standard is generally Canadian Language Benchmark (CLB) Level 4 or its French equivalent.

Applicants outside this age range are not required to provide language proof.

5. Citizenship Test (Ages 18–54)

Applicants between the ages of 18 and 54 must also pass a citizenship test demonstrating knowledge of Canada’s history, values, institutions, and rights and responsibilities of citizenship.

Citizenship by Descent (Proof of Citizenship)

Canadian citizenship can also be acquired by descent if a person is born outside Canada to a Canadian parent. The law governing citizenship by descent changed significantly on December 15, 2025, when amendments to the Citizenship Act (Bill C-3) came into force.

Changes to the First-Generation Limit

Historically, citizenship by descent was generally limited to the first generation born outside Canada. The December 2025 amendments modified this rule and expanded eligibility in certain circumstances.

The current framework depends on when the individual was born or adopted.

Individuals Born or Adopted On or After December 15, 2025

A person born or adopted outside Canada on or after December 15, 2025, may be a Canadian citizen even if they are in the second generation (or later) born abroad, provided their Canadian parent demonstrates a substantial connection to Canada.

This generally requires that the Canadian parent have been physically present in Canada for at least 1,095 days prior to the child’s birth or adoption.

Individuals Born or Adopted Before December 15, 2025

For individuals born or adopted outside Canada before December 15, 2025, the legislative amendments may have restored or granted citizenship automatically in certain circumstances, including cases previously affected by the first-generation limit.

In many cases, individuals who were previously excluded under the first-generation limit may now assert their claim to Canadian citizenship depending on the information provided.

Marriage to a Canadian Citizen Does Not Grant Automatic Citizenship

Marriage to a Canadian citizen does not automatically grant citizenship. A foreign national who marries a Canadian must still qualify for permanent residence and, after meeting the required eligibility criteria, apply for citizenship like any other applicant.

There is no expedited or automatic citizenship process based solely on marriage.

Processing Times

Citizenship processing times vary depending on whether an application is considered routine or non-routine. Current published processing times are approximately 14 months, though timelines may fluctuate depending on application volume and individual circumstances.

Applicants should ensure their applications are complete and accurate at the time of submission to avoid unnecessary delays.

Urgent Processing of Citizenship Applications

In limited, exceptional circumstances, Immigration, Refugees and Citizenship Canada (IRCC) may consider expedited processing of a citizenship application.

Examples of situations that may qualify include:

• Needing citizenship to apply for a job or avoid losing a job;
• Needing to travel due to a death or serious illness in the family and being unable to obtain a passport from your current country of nationality; or
• Receiving a favourable Federal Court decision related to a previous citizenship application.

Urgent processing is discretionary and is granted only where the applicant provides sufficient supporting documentation. Even where urgency is established, IRCC cannot guarantee that processing will occur within a specific timeframe.

Applying for Proof of Citizenship

If you believe you may be a Canadian citizen by descent, you can apply for a Citizenship Certificate (Proof of Citizenship). IRCC will assess your eligibility and, if approved, issue a certificate confirming your status as a Canadian citizen.

A citizenship certificate is required to obtain a Canadian passport if you were born outside Canada.

Given the complexity of the amended legislation and transitional provisions, individuals with cross-border family histories should seek legal advice to determine their status.

What Happens If Your Citizenship Application Is Refused?

If your citizenship application is refused, you may have the option to submit a new application, depending on the reason for refusal. Reapplying generally requires submitting a new application package and paying the applicable government fees again.

Alternatively, you may seek judicial review of the decision in the Federal Court of Canada. Judicial review is not an appeal on the merits; instead, it examines whether the decision was legally reasonable and procedurally fair.

Strict timelines apply. In most cases, an application for judicial review must be filed within 30 days of receiving the refusal decision.

Because refusals can have significant consequences and timelines are short, obtaining legal advice promptly is essential.

Contact Garson Immigration Law in Toronto for Assistance with Citizenship Applications in Canada

At Garson Immigration Law, we are exclusively dedicated to immigration law and regularly help strategize and facilitate successful applications for Canadian citizenship. We have been widely recognized for our expertise in the field and will work to find a practical solution for your individual immigration needs. To discuss your circumstances with one of our experienced immigration lawyers, please contact us online or call us at 416-321-2860.