Born Abroad to a Canadian Grandparent? New Interim Route May Let You Apply for Citizenship
A new interim process gives people born outside Canada to Canadian grandparents — and who are affected by Canada’s first-generation limit (FGL) on citizenship by descent — a practical pathway to request a discretionary grant of Canadian citizenship. The measure, introduced by the federal government in March 2025, offers a temporary remedy while long-term legislative changes remain under consideration.
This article explains who may qualify, how the interim process works, why it exists, and what applicants should prepare when seeking proof of citizenship or a discretionary grant.
What the interim measure does
Under the March 2025 interim arrangement, people who believe they are affected by the FGL can complete an online questionnaire used by Immigration, Refugees and Citizenship Canada (IRCC). IRCC will review the responses and determine whether an individual is impacted by the FGL. If IRCC confirms an impact, it will invite the person to apply for a discretionary grant of citizenship — a special pathway designed to address cases left vulnerable by the existing legislative limit.
Those invited will submit a formal application for proof of citizenship and, if eligible, may be considered for expedited or urgent processing depending on their circumstances.
Who is affected by the first-generation limit (FGL)?
The FGL, added to the Citizenship Act in 2009, restricts citizenship by descent so that only the first generation born abroad to a Canadian parent can automatically inherit citizenship. In practice, that means children born outside Canada to parents who themselves acquired Canadian citizenship by descent (rather than by birth or naturalization in Canada) generally cannot automatically claim citizenship.
The interim measure targets people caught by this rule — commonly the grandchildren of Canadian citizens who were born abroad — by letting them request a discretionary remedy while parliament finalizes legislative reform.
Why the government put interim measures in place
In December 2023, the Ontario Superior Court of Justice found the FGL unconstitutional and ordered the federal government to amend the Citizenship Act. The government has repeatedly extended a grace period to avoid immediate disruption to affected families while it works on a permanent fix.
Because the legislative remedy was not enacted before the latest deadline, the government implemented interim administrative measures in March 2025 to ensure that affected people have access to review and potential relief. The current grace period and interim process extend through November 20, 2025.
The proposed legislative fix (Bill C-3) — what to expect
Parliament is considering Bill C-3, a proposed amendment to the Citizenship Act intended to resolve the constitutional problems with the FGL. Key elements that have been discussed and incorporated in the bill’s recent revisions include:
- Substantial connection test: A parent’s Canadian citizenship by descent could transmit to their child born abroad if the parent demonstrates a substantial connection to Canada. The working definition in the bill sets that threshold at 1,095 days (three years) spent in Canada during any five-year period prior to the child’s birth or adoption.
- Security screening for adult applicants: The bill would require citizenship-by-descent applicants aged 18 or older to undergo a security check before a grant is issued.
- Legislative process still required: For the changes to take effect, Bill C-3 must complete three readings in both Houses of Parliament and receive Royal Assent.
If passed in its current form, these amendments would create a permanent pathway for some applicants who are now served by the interim discretionary regime.
How the discretionary grant process works (interim)
- Online questionnaire: Interested persons start by completing IRCC’s eligibility questionnaire, which flags potential FGL impacts.
- IRCC review and invitation: If the questionnaire indicates the person is affected, IRCC will notify them and invite them to submit a full application for proof of citizenship and consideration for a discretionary grant.
- Application for proof of citizenship: Applicants compile documentation that demonstrates their family chain (birth certificates, marriage certificates, passport evidence, proof of status of the Canadian ancestor, and any Canadian residential history).
- Assessment and decision: IRCC assesses whether the person is affected by the FGL and whether a discretionary grant is warranted under the interim measures. Decisions may include an invitation to apply for the grant, approval of proof of citizenship, or a refusal.
- Urgent processing: Applicants with urgent timelines (for example, imminent travel or employment needs) can ask for expedited processing where IRCC’s criteria permit.
Practical documentation and evidence to prepare
Applicants should gather and organize the following documents where applicable:
- Full-size, certified copies of birth certificates for the applicant, their parent, and the Canadian grandparent.
- Proof of the grandparent’s Canadian citizenship (certificate of citizenship, Canadian passport, or other government documentation).
- Marriage certificates or other legal documents that demonstrate lineage where names differ.
- Records of physical presence in Canada for the Canadian ancestor (if relying on the substantial connection test proposed under Bill C-3). This might include passports with entry/exit stamps, employment records, tax returns, or immigration files.
- Any other identity documents and official records that substantiate family relationships and timelines.
Having notarized or certified copies and translations (if documents are in languages other than English or French) will streamline the review.
Timing, legal considerations, and expert help
Because the interim process is administrative and the legislative situation remains dynamic, applicants should:
- Start with the IRCC questionnaire to confirm whether they are affected.
- Prepare supporting documents thoroughly — missing or inconsistent records are a common cause of delay.
- Consider legal advice from an immigration lawyer or authorized representative experienced in citizenship-by-descent cases. Legal counsel can help compile strong evidence, prepare submissions for urgent processing, and advise on interaction with possible future changes under Bill C-3.
- Watch legislative developments: if Bill C-3 becomes law, eligibility rules may shift and could provide an alternate or permanent remedy for some applicants.
What this means for families
The interim discretionary route provides an important administrative bridge for people who would otherwise be denied recognition of their Canadian connection under the current FGL. For affected families, the process offers the possibility of proof of citizenship or a discretionary grant while parliament completes a longer-term legislative solution. Applicants should act promptly, given the evolving legal landscape and the November 20, 2025 grace-period timeline.
In summary
- Interim measures introduced March 2025 let people born abroad to Canadian grandparents apply for review and a possible discretionary grant of citizenship.
- The process begins with an IRCC questionnaire; affected applicants may be invited to apply for proof of citizenship.
- Changes to the Citizenship Act are under consideration (Bill C-3), with a proposed substantial-connection test and security checks for adult applicants.
- Applicants should collect comprehensive documentation and consider legal advice to improve their odds and secure expedited handling where needed.
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