The new pathway for those born abroad with Canadian grandparents allows applications for citizenship under interim 2025 measures, i.e., if you were born outside Canada and have a Canadian grandparent, you may now be eligible to apply for a discretionary grant of Canadian citizenship.
Under interim measures introduced by the federal government in March 2025, individuals affected by Canada’s first-generation limit (FGL) to citizenship by descent can submit an online application for proof of citizenship.
Once you apply, Immigration, Refugees and Citizenship Canada (IRCC) will review your submission to determine if the FGL affects your eligibility. If confirmed, IRCC may invite you to apply for the discretionary grant.
To help applicants, IRCC has launched an online questionnaire that allows individuals to check whether they are impacted by the FGL.
Why Were These Measures Introduced?
Under Canada’s citizenship by descent rules, children born outside Canada to Canadian parents can inherit citizenship at birth.
However, the first-generation limit (FGL) added to the Citizenship Act in 2009 restricted this right to only the first generation born abroad. This meant that children born outside Canada to Canadian parents who were also born abroad could not automatically inherit Canadian citizenship.
In December 2023, the Ontario Superior Court of Justice ruled the FGL unconstitutional, directing the federal government to amend the legislation before the grace period expired.
Despite receiving multiple extensions, the government did not finalize its proposed amendment.
As a result, the government introduced interim measures in March 2025 to assist those affected by the FGL while the unconstitutional provision remains in effect.
The most recent grace period now extends until November 20, 2025.
Bill C-3: The Government’s Proposed Solution
The federal government’s current legislative fix, Bill C-3, aims to amend the Citizenship Act to address the unconstitutional aspects of the FGL.
The bill has advanced to the report stage in the House of Commons, after undergoing several key revisions by the Standing Committee on Citizenship and Immigration.
If passed into law in its current form, Bill C-3 would create an exception to the FGL in cases where the Canadian parent demonstrates a substantial connection to Canada.
To qualify, the Canadian parent must have spent at least 1,095 days (three years) in Canada within any five-year period before their child’s birth or adoption.
Applicants aged 18 and older seeking citizenship by descent must also complete a security screening.
For the bill to officially become law, it must pass through three readings in both the House of Commons and the Senate, followed by royal assent.
The interim measures protect individuals affected by the FGL from legal uncertainty while the government finalizes legislative changes. If you were born abroad and have a Canadian grandparent, now is a good time to explore whether you qualify for a discretionary grant of Canadian citizenship.
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