Canada Opens Path to Citizenship Through Discretionary Grant Program
The Canadian government has introduced interim measures that allow thousands of people, who were previously excluded from Canadian citizenship because of the First-Generation Limit (FGL) rule, to now apply for a discretionary grant of Canadian citizenship.
This measure particularly helps individuals born abroad to Canadian parents who could not inherit citizenship due to restrictions in Canada’s Citizenship Act.
Who Can Apply?
You may be eligible for a discretionary grant of citizenship if you fall into one of these categories:
- Born or adopted before December 19, 2023, and affected by the FGL.
- 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 or adoption).
- Born before April 1, 1949, and excluded under old laws.
- Lost Canadian citizenship due to not meeting retention requirements under the former Section 8 of the Citizenship Act.
Understanding the Substantial Connection Test
To qualify, your Canadian parent must have been physically present in Canada for at least 1,095 days (three years) before your birth or adoption.
Why This Policy Was Introduced
- The FGL rule has created many “Lost Canadians” – people with strong family ties to Canada but no legal recognition of citizenship.
- The interim measure bridges this gap until new legislation under Bill C-3 is fully implemented.
Real-Life Scenarios (Examples)
- Amanda – Born in 2010 in the UK
- Her Canadian citizenship was blocked because her mother was a first-generation Canadian by descent.
- Under new measures, Amanda can now apply for a grant.
- Timothy – Adopted in 2024 in the U.S.
- His Canadian parent met the substantial connection requirement (3+ years in Canada).
- Timothy is now eligible for a discretionary grant.
- Joshua – Born in 1945 in Spain
- His Canadian mother could not pass on citizenship due to outdated rules (1947 Act excluded mothers).
- Joshua can now apply under the interim rules.
- Samantha – Lost Citizenship in 2007
- She failed to meet retention requirements before age 28.
- She is now eligible to regain citizenship under the grant.
How to Apply
- Step 1 – Apply for a Citizenship Certificate (Proof of Citizenship)
- Confirms if you are already considered a citizen.
- Required to access benefits such as SIN, healthcare, pension, and passport.
- Step 2 – IRCC Review
- If affected by FGL, IRCC will invite you to request a discretionary grant.
- Step 3 – Request Grant of Citizenship
- Submit application as directed by IRCC.
Urgent Processing Options
Normally, applications take 5 months. However, IRCC may prioritize urgent cases if you can prove:
- Risk of hardship or harm (based on race, religion, gender identity, etc.).
- Need to move a minor child to Canada.
- To avoid statelessness.
- Travel for family illness or death.
- Deadline for renouncing foreign citizenship.
- Employment or education requirements.
Required documents may include:
- Plane tickets or proof of travel.
- Employer or school letters.
- Doctor’s notes.
- Death certificates.
Exemptions – Who Does Not Need a Grant
- Children born abroad to Canadian crown servants (e.g., military members, federal/provincial employees) are already exempt from FGL.
- They only need to apply for proof of citizenship, not for a grant.
For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!
