Thousands of individuals around the world may now have a chance to become Canadian citizens if they apply for a discretionary grant of citizenship.

This pathway is available, thanks to interim measures introduced by the federal government earlier this year. These changes provide a unique opportunity for people born abroad who were excluded from citizenship because of the first-generation limit (FGL) to citizenship by descent.

If you think you may qualify, you could be eligible to apply for a discretionary grant of Canadian citizenship if you fall into one of the following categories:

  • 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 parents met the “substantial connection to Canada” test when you were born or adopted.
  • You were born before April 1, 1949, and are impacted by the FGL.
  • You lost Canadian citizenship under the retention rules of former section 8 of the Citizenship Act.

The substantial connection test requires your Canadian parent to have lived in Canada for at least 1,095 days (three years) before your birth or adoption.

The government created these interim measures to provide a path to citizenship for those excluded by the FGL, while waiting for new legislation under Bill C-3.

How To Apply For A Discretionary Citizenship Grant?

If you believe you are affected by the first-generation limit, you must begin by applying for a citizenship certificate (proof of citizenship).

This certificate confirms whether you are officially recognized as a Canadian citizen and allows access to essential benefits like pensions, healthcare, a Social Insurance Number (SIN), and a Canadian passport.

When you apply, Immigration, Refugees and Citizenship Canada (IRCC) will:

  • Send you a letter confirming if the FGL applies to you, and
  • If you are affected, invite you to submit a request for a discretionary grant of citizenship.

IRCC will then review your case and decide if you qualify.

Steps In The Application Process

To apply, use the IRCC “How to Apply” tool. This system will guide you to the correct application package. It will also provide instructions based on your situation; whether you’re applying for yourself, your child, or replacing a lost certificate.

Requesting Urgent Processing

Normally, citizenship certificates take around five months to process. However, urgent cases may be prioritized if you can prove immediate need.

You may request urgent processing if you can show:

  • Risk of harm or hardship based on race, religion, nationality, gender, or orientation
  • A minor child needs to move to Canada and has a Canadian parent
  • Risk of statelessness
  • Urgent travel due to a family death or illness
  • Requirement to renounce another citizenship by a specific deadline
  • Job or education requirements

To request urgent processing, you must include:

  • A letter explaining your situation
  • Supporting documents such as:
    • Flight tickets or itineraries
    • Employer or school letters
    • Medical certificates or doctor’s notes
    • A death certificate.

IRCC will then review your request and determine if your case should be expedited.

What Happens Next

If urgent processing is approved, your application for a citizenship certificate (and possibly the discretionary grant of citizenship) will move forward faster.

Who Does Not Need a Discretionary Grant?

As we have discussed how one can apply for a discretionary grant of citizenship, let’s see who does not need it. 

Children of Canadian parents who were crown servants at the time of their birth are not affected by the first-generation limit.

These individuals are already considered Canadian citizens and can simply apply for proof of citizenship.

A crown servant includes employees of:

  • The Canadian Armed Forces
  • The Canadian Federal Public Administration
  • The public service of a province or territory

Final Thoughts

The discretionary grant of citizenship offers a new pathway for many who have been excluded from Canadian citizenship due to outdated rules. Whether you were impacted by the first-generation limit, lost status under section 8, or were born before modern citizenship laws came into effect, these interim measures provide a chance to reclaim or gain your rightful place as a Canadian.

If you believe you may qualify, reviewing your eligibility & applying promptly could be the key to securing Canadian citizenship.

CWRVisa, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at CWRVisa.ca.