Can You Apply for a Discretionary Grant of Canadian Citizenship?

Thousands of people may now have a chance to become Canadian citizens through a discretionary grant of citizenship. This pathway is available under interim measures introduced by the federal government in 2024. It is designed to help individuals who were born abroad but could not inherit citizenship from their Canadian parent(s) because of the first-generation limit (FGL) in the Citizenship Act.

Who Can Apply?

You may be eligible to apply for a discretionary grant of citizenship if you meet one of these conditions:

• You were born or adopted before December 19, 2023, and were affected by the FGL.
• You were born or adopted on or after December 19, 2023, are affected by the FGL, and your Canadian parent met the substantial connection test (at least 1,095 days of physical presence in Canada before your birth/adoption).
• You were born before April 1, 1949, and are affected by the FGL.
• You lost your Canadian citizenship due to the former section 8 retention rules in the Citizenship Act.

These measures are temporary until new legislation under Bill C-3 is introduced.

Examples of Who Qualifies

Scenario 1 – Born before December 19, 2023
Amanda was born in the UK in 2010. Her mother, Dorothy, inherited Canadian citizenship from her own father but was considered a first-generation citizen by descent. Because of the FGL, Amanda did not automatically inherit citizenship. Under the interim measures, Amanda can now apply for a discretionary grant.

Scenario 2 – Born after December 19, 2023
Timothy was adopted in January 2024 by parents Stewart (a U.S. citizen) and Henry (a Canadian citizen by descent). Timothy did not gain citizenship automatically, but since Henry had lived in Canada for more than 1,095 days before the adoption, Timothy is eligible for a discretionary grant.

Scenario 3 – Born before April 1, 1949
Joshua was born in Spain in 1945 to a Canadian mother and Italian father. Because the 1947 Citizenship Act did not allow citizenship by descent from mothers, he was excluded. Under the new measures, Joshua can apply.

Scenario 4 – Lost Canadian under section 8
Samantha was born in 1979 in the U.S. to Canadian parents. Under section 8 of the 1977 Act, she lost her citizenship in 2007 for not applying to retain it before age 28. She is now eligible for a discretionary grant.

How to Apply for a Discretionary Grant

1. Apply for Proof of Citizenship (Citizenship Certificate):
   This document confirms whether you are recognized as a Canadian citizen and allows you to access services like healthcare, a Social Insurance Number (SIN), pensions, and a Canadian passport.
2. IRCC Review:
• If the FGL applies to you, IRCC will send you a letter.
• You will then be invited to apply for a discretionary grant of citizenship.
3. Submit Request:
   IRCC will assess your situation and decide whether to grant you citizenship.

The application process is available on IRCC’s official “How to Apply” page, which generates the correct package and instructions based on your situation.

Urgent Processing

Normally, citizenship certificates take about five months to process. However, you may request urgent processing if you can prove an immediate need, such as:

• Avoiding harm or hardship due to personal circumstances.
• Moving a minor child with a Canadian parent to Canada.
• Preventing or resolving statelessness.
• Travel for family emergencies (death or serious illness).
• Renouncing foreign citizenship by a set deadline.
• Employment or education requirements.
  
  

To support an urgent request, you need:

• An explanation letter.
• Documents such as flight tickets, employer or school letters, medical notes, or a death certificate.
  
  

Who Does Not Need a Discretionary Grant?

Children born abroad to Canadian parents who were employed as crown servants (such as members of the Canadian Armed Forces, federal public administration, or provincial public service) are not affected by the FGL. They are already Canadian citizens and only need to apply for proof of citizenship.

Final Thoughts

The discretionary grant of Canadian citizenship is an important option for those affected by the first-generation limit or earlier rules in the Citizenship Act. If you think you may qualify, applying for a proof of citizenship is the first step.