Thousands of People Eligible for Canadian Citizenship Through Discretion

Many individuals may qualify for Canadian citizenship by requesting a discretionary grant under new interim measures introduced by the federal government. These measures provide an opportunity for individuals born abroad who did not acquire citizenship from their Canadian parent(s) due to the first generation limit (FGL) on citizenship by descent.

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

• Being born or adopted before December 19, 2023, and affected by the FGL.
• Being born or adopted on or after December 19, 2023, affected by the FGL, and having a Canadian parent who met the “substantial connection with Canada” test at the time of your birth or adoption.
• Being born before April 1, 1949, and impacted by the FGL.
• Losing your citizenship due to unmet retention requirements under former section 8 of the Citizenship law.

The substantial connection test requires the Canadian parent to have accumulated at least 1,095 days of physical presence in Canada before the child’s birth or adoption.

These interim measures were implemented by the federal government to address citizenship issues arising from the FGL before the enactment of new citizenship legislation under Bill C-3.

Examples of Eligible Individuals

Here are hypothetical scenarios illustrating how the interim measures apply to individuals affected by the FGL:

Scenario 1 – Born before December 19, 2023

Amanda, born in the UK to a Canadian mother, can request a discretionary grant of Canadian citizenship under the interim measures.

Scenario 2 – Born after December 19, 2023

Timothy, adopted by a Canadian father with a substantial connection to Canada, is eligible for a discretionary grant of Canadian citizenship.

Scenario 3 – Born before April 1, 1949

Joshua, born to a Canadian mother before the Citizenship Act came into effect, can apply for a discretionary grant of citizenship under the interim measures.

Scenario 4 – Lost Canadian under former section 8 of the Citizenship law

Samantha, who lost her Canadian citizenship due to unmet retention requirements, is eligible for a discretionary grant of citizenship.

How to Request a Discretionary Grant of Citizenship

If you believe you may be impacted by the first generation limit, you can apply for Canadian citizenship by obtaining a citizenship certificate (Proof of citizenship).

Upon application, IRCC will assess your eligibility and may invite you to apply for a discretionary grant of citizenship if deemed eligible.

Application Process

To apply, visit IRCC’s website and follow the instructions provided based on your specific circumstances.

Applying for Urgent Processing

In certain urgent situations, you may request expedited processing of your application by providing supporting documentation.

What Happens Afterwards

IRCC will review your request for urgent processing and prioritize your application accordingly.

Second Generation Citizens Exempt from FGL

Children of Canadian parents who were crown workers at the time of their birth are exempt from the FGL and do not need to apply for a discretionary grant of citizenship.

For more information and to begin the application process, visit the IRCC website.