Can I apply for a discretionary grant of Canadian citizenship?
Thousands of people may be eligible to gain Canadian citizenship by applying for a discretionary grant of citizenship.
Under interim measures introduced by the federal government earlier this year, this option is available to people born abroad who did not inherit citizenship from their Canadian parent(s) on account of the first-generation limit (FGL) to citizenship by descent.
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You may be eligible to apply for a discretionary grant of Canadian citizenship if you fall into one of the following situations:
You were born or adopted before December 19, 2023, and are 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 to Canada” test at the time of your birth or adoption.
You were born before April 1, 1949 and are affected by the FGL.
You lost your citizenship on account of unmet retention requirements (former section 8 of the Citizenship Act).
The substantial connection test requires that your Canadian parent have accumulated at least 1,095 days of physical presence in Canada prior to your birth or adoption.
The federal government put these interim measures in place to allow those affected by the FGL to gain citizenship prior to the introduction of the new citizenship legislation under Bill C-3.
This article will provide examples of those affected by the FGL who are eligible, and instructions on how to apply for a discretionary grant of citizenship if you are eligible.
Examples of eligible people
Here are some fictional examples demonstrating how the interim measures apply to those affected by the FGL.
Scenario 1 – born before December 19, 2023
Amanda was born in 2010 in the United Kingdom (UK) to her parents Dorothy and James. Dorothy was born in Thailand and inherited Canadian citizenship at birth from her father, Roger, who was born in Canada. Amanda’s father, James, was a citizen of the UK.
Since Amanda was born outside Canada after the introduction of the FGL into the Citizenship Act, she did not inherit citizenship at birth from her mother, Dorothy, as Dorothy herself was a first-generation citizen by descent.
Under the interim measures, Amanda can apply for a discretionary grant of Canadian citizenship.
Scenario 2 – born after December 19, 2023
Timothy, born in the United States, was adopted in January 2024 by his parents, Stewart and Henry. At the time of Timothy’s adoption, Stewart was a citizen of the United States, and Henry held both Canadian and US citizenship.
Henry had been born in the United States and had inherited Canadian citizenship from his father, William. In 2019, Henry and William had moved to Toronto, where they lived up until the time they adopted Henry.
Because Henry is a Canadian citizen by descent, Timothy did not gain Canadian citizenship upon adoption.
Since Henry had lived in Canada for at least 1,095 days before Timothy’s adoption, Timothy’s parents can submit an application for Timothy to be issued a discretionary grant of Canadian citizenship.
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Scenario 3 – born before April 1, 1949
Joshua was born in Spain in 1945 to a Canadian mother, Emily, and an Italian father, Donatello.
Due to the fact that Canada’s first Citizenship Act only came into force on 1 January 1947, Joshua was not automatically conferred Canadian citizenship upon his birth.
Once the Citizenship Act was passed, it excluded multiple persons in different circumstances from inheriting citizenship by descent—today referred to as “lost Canadians”.
Joshua was excluded from gaining citizenship by descent on account of two factors:
His parents did not register Joshua’s birth with the Canadian government within two years of his being born abroad; and
His only Canadian partner was his mother, and the 1947 Citizenship Act did not provide for citizenship by descent to children born of a Canadian mother and non-Canadian father.
Joshua is able to apply for a discretionary grant of citizenship under the interim measures.
Scenario 4 – lost Canadian under former section 8 of the Citizenship Act
Samantha was born in 1979 in the United States to Canadian parents.
At the time, section 8 of the 1977 Citizenship Act required Samantha to apply to retain her Canadian citizenship before turning 28 by demonstrating a substantial connection to Canada.
Since Samantha did not complete this process prior to her 28th birthday in 2007, she lost her Canadian citizenship under the earlier legislation.
Samantha is eligible to apply for a discretionary grant of Canadian citizenship under the interim measures.
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How to apply for a discretionary grant of citizenship
If you may be affected by the first-generation limit, you can apply for Canadian citizenship by first requesting a citizenship certificate (proof of citizenship).
This document confirms whether you are recognized as a Canadian citizen and allows you to access important services and benefits, such as pensions, healthcare, a Social Insurance Number (SIN), and applying for a Canadian passport.
When you apply, IRCC will review your application and
Send you a letter confirming whether the first-generation limit applies to you; and
If you are affected by the FGL, invite you to request a discretionary grant of citizenship.
Upon receiving your request, IRCC will review your situation and decide whether to grant you citizenship.
Application process
To apply, you must use IRCC’s “How to Apply” page. This tool will generate the correct application package and instructions based on your situation—whether you are applying for the first time or replacing a lost certificate, and whether you are applying for yourself or for your child.
To learn more about applying for proof of citizenship, visit our dedicated webpage.
Requesting urgent processing
Citizenship certificates typically take five months to process, according to the most recent IRCC processing data.
In some cases, you can request urgent processing of your application. IRCC may prioritize your case if you can demonstrate an urgent need, such as
Avoiding harm or hardship based on race, religion, nationality, sexual orientation, gender identity or expression, or membership in particular groups;
Moving a minor child (under 18) to Canada, when the child was born abroad and has a Canadian parent;
Preventing or resolving statelessness;
Travelling due to the death or serious illness of a family member when you cannot obtain another passport;
Renouncing foreign citizenship by a required date; or
Employment or education needs (to apply for a job, avoid losing a current job, or attend school).
To support a request for urgent processing, you must include the following:
An explanation letter outlining your situation; and
Supporting documents, such as
A plane ticket or itinerary (with proof of payment);
A letter from your employer or school;
A doctor’s note or medical certificate; or
A death certificate.
What happens next
IRCC will review your situation and decide whether to grant your request for urgent processing. If approved, your application for a citizenship certificate (and possible grant of citizenship) will be prioritized.
Second-generation citizens by descent who are unaffected
Note that children whose Canadian parent (at the time of their birth) was employed by Canada as a crown servant* are already exempt from the FGL under the current legislation.
People falling under the crown servant exemption are already Canadian citizens. They do not need to apply for a discretionary grant, but can instead apply for proof of citizenship directly.
*A crown servant is a person employed by the:
Canadian Armed Forces;
Canadian Federal Public Administration; or
Public service of a province or territory.
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