Can I Apply for a Discretionary Grant of Canadian Citizenship?
Canadian citizenship is a cornerstone of national identity, offering rights, responsibilities, and a sense of belonging. However, not everyone qualifies under the standard requirements of the Citizenship Act. For those facing unique challenges, such as the first-generation limit (FGL) or historical retention requirements, a discretionary grant of citizenship offers a potential pathway.
A discretionary grant is an exceptional process where the Minister of Immigration, Refugees and Citizenship can award citizenship to individuals who do not meet regular eligibility criteria. This is typically done for public policy or humanitarian reasons. It is particularly relevant for “lost Canadians” affected by outdated laws or unforeseen circumstances.
Who Is Eligible for a Discretionary Grant in 2025?
Recent interim measures announced by the Canadian government have expanded eligibility for discretionary grants. These measures aim to address legal uncertainties and delays in passing Bill C-71, which seeks to reform citizenship rules. Until the new law is enacted, the following groups may qualify:
- Individuals born or adopted before December 19, 2023, and subject to the first-generation limit. This includes those who are not automatically Canadian citizens because both they and their Canadian parent were born outside Canada.
- People born or adopted on or after December 19, 2023, if their Canadian parent has a substantial connection to Canada. A “substantial connection” is defined as the parent having lived in Canada for at least three years (1,095 days) before the child’s birth or adoption.
- Individuals born before April 1, 1949, who are affected by the first-generation limit.
- Persons who lost Canadian citizenship due to not meeting retention requirements under earlier versions of the Citizenship Act.
Understanding Key Concepts
To navigate the eligibility criteria, it’s essential to understand the following key concepts:
First-Generation Limit (FGL): This restriction means that a child born outside Canada to a Canadian parent, who was also born outside Canada, is not automatically a Canadian citizen. Only the first generation born or adopted outside Canada obtains citizenship automatically by descent.
Substantial Connection Test: Proposed in Bill C-71, this requires the Canadian parent to have accumulated a physical presence in Canada of at least three years. This aims to ensure a meaningful link to Canada before citizenship can be transmitted to their children born outside the country.
Retention Requirement: Past laws required some foreign-born Canadians to meet specific conditions to retain citizenship. Some lost citizenship when they failed to comply.
How to Apply for a Discretionary Grant
The application process for a discretionary grant involves several steps:
You must first submit a complete application for a Canadian citizenship certificate (proof of citizenship). If the first-generation limit applies and you believe you qualify under the interim measures, your application will be reviewed by Immigration, Refugees and Citizenship Canada (IRCC).
IRCC will notify you if the first-generation limit remains in effect for your case, and, if appropriate, invite you to request a discretionary grant of citizenship. Importantly, you cannot request a discretionary grant directly on your own—you must wait for an invitation from IRCC after the initial review.
When invited, you may be required to submit further information, particularly concerning your parent’s connection to Canada. After the invitation, you should submit the appropriate paper application for adult (CIT 0002) or minor (CIT 0003) grants of citizenship. Label your submission and envelope clearly at the top with “Requesting Discretionary Consideration under ss. 5(4) of the Citizenship Act” to ensure it is processed accordingly. Online applications are not suitable for 5(4) discretionary requests, so use paper forms.
Required documents include the completed application, citizenship photo, applicable fees, and any documentation specifically requested by IRCC.
Noteworthy Changes and Ongoing Legal Context
Bill C-71, introduced in 2024, proposes to eliminate the first-generation limit as long as the parent has a substantial connection to Canada, but the bill has not yet been made law due to Parliamentary delays.
The Ontario Superior Court ruled in December 2023 that the first-generation limit is unconstitutional, but this declaration is suspended until November 20, 2025, meaning interim rules remain in effect for now.
Other Important Information
Children born in Canada automatically receive citizenship at birth and do not need to apply for a certificate (with rare exceptions, such as children of diplomats). Naturalized Canadians automatically receive their citizenship certificates upon naturalization.
These interim discretionary grants seek to temporarily fill gaps in Canadian citizenship law created by the current uncertainty and legislative transition, particularly for “lost Canadians” affected by the first-generation limit or obsolete retention rules.
The Impact of Discretionary Grants on ‘Lost Canadians’
Discretionary grants of Canadian citizenship have become a lifeline for many individuals affected by the first-generation limit (FGL) and other outdated citizenship laws. These grants provide a pathway to citizenship for those who would otherwise remain in a state of legal limbo, often referred to as “lost Canadians.” This term describes individuals who, due to legal technicalities or historical retention requirements, find themselves without the citizenship they believed was rightfully theirs.
The interim measures announced by the Canadian government are particularly significant for those born or adopted before December 19, 2023, who are subject to the FGL. These individuals, as well as those affected by retention requirements, now have a temporary solution while the government works to pass Bill C-71. The discretionary grant process ensures that these individuals are not left without a resolution during the legislative transition period.
The Future of Citizenship Law in Canada
Bill C-71, introduced in 2024, aims to address the FGL and other citizenship issues by proposing the elimination of the first-generation limit for individuals with a substantial connection to Canada. However, the bill has faced delays in Parliament, leaving many in a state of uncertainty. The Ontario Superior Court’s ruling in December 2023, which declared the FGL unconstitutional, has further complicated the legal landscape. Although the court’s decision is suspended until November 20, 2025, it sets a precedent for future citizenship law reforms.
The suspension of the court’s ruling means that the interim measures will remain in effect until at least November 2025. During this time, the government is expected to finalize Bill C-71, which, if passed, will bring much-needed clarity to citizenship laws. Until then, the discretionary grant process will continue to serve as a stopgap measure for those affected by the current legal uncertainties.
Understanding the Substantial Connection Test
A key component of the proposed reforms under Bill C-71 is the substantial connection test. This test requires that a Canadian parent must have lived in Canada for at least three years (1,095 days) before the birth or adoption of their child to pass on citizenship automatically. This requirement aims to ensure that there is a meaningful link to Canada before citizenship can be transmitted to children born outside the country.
The substantial connection test is a response to concerns about the automatic transmission of citizenship to individuals with little to no connection to Canada. By requiring a physical presence in the country, the test seeks to balance the rights of citizenship with the need to maintain a genuine link to the nation. This approach is intended to prevent cases where citizenship is granted to individuals who have never lived in or contributed to Canadian society.
Addressing Statelessness and Hardship
Discretionary grants are not only for those affected by the FGL but also for individuals who have experienced unique circumstances of hardship or statelessness. Statelessness, or the lack of citizenship in any country, is a serious issue that can lead to significant legal and social challenges. By providing a pathway to citizenship for these individuals, the Canadian government is fulfilling its humanitarian obligations and upholding the principles of fairness and equity.
The discretionary grant process also acknowledges the historical injustices caused by outdated retention requirements. Many Canadians lost their citizenship due to these requirements, which often imposed unrealistic conditions for retaining citizenship. The interim measures aim to rectify these past wrongs by providing a mechanism for these individuals to regain their citizenship.
Public Policy and Humanitarian Considerations
Discretionary grants are typically awarded for public policy or humanitarian reasons. This means that the Minister of Immigration, Refugees and Citizenship has the authority to consider exceptional cases where granting citizenship would serve the greater good or alleviate significant hardship. This flexibility allows the government to respond to unique circumstances that may not be addressed by the standard Citizenship Act requirements.
Public policy considerations may include the need to maintain the integrity of the citizenship system while ensuring that it remains fair and inclusive. Humanitarian reasons, on the other hand, often involve cases where individuals are facing severe hardship or are at risk of statelessness. By granting citizenship in these cases, the government is upholding Canada’s commitment to human rights and compassion.
Conclusion
Discretionary grants of Canadian citizenship are a vital tool for addressing the complexities and challenges of the current citizenship law. While the government works to pass Bill C-71 and bring clarity to the system, these grants provide a necessary solution for those affected by the FGL, historical retention requirements, and other unique circumstances. The interim measures announced in 2025 are a step in the right direction, offering hope to many who have been left in legal limbo for far too long.
As the legal landscape continues to evolve, it is essential for individuals affected by these issues to stay informed and seek guidance from immigration professionals. The discretionary grant process is a reminder of the Canadian government’s commitment to fairness, equity, and compassion in its citizenship policies.
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Conclusion
Discretionary grants of Canadian citizenship offer a critical pathway for individuals facing unique challenges under the current Citizenship Act. These grants provide relief to those affected by the first-generation limit, historical retention requirements, and other unique circumstances, ensuring they are not left in legal limbo during the legislative transition. While Bill C-71 aims to bring clarity and reform to citizenship laws, the interim measures announced in 2025 serve as a vital stopgap solution.
The Canadian government’s commitment to fairness, equity, and compassion is evident in the discretionary grant process. This approach acknowledges the complexities of modern citizenship issues while upholding the integrity of the system. As the legal landscape evolves, staying informed and seeking professional guidance will be essential for those navigating these changes.
Frequently Asked Questions
Who is eligible for a discretionary grant of Canadian citizenship?
Eligibility includes individuals affected by the first-generation limit, those who lost citizenship due to historical retention requirements, and persons born or adopted before December 19, 2023. Additionally, individuals with a substantial connection to Canada through their Canadian parent may qualify.
How do I apply for a discretionary grant?
Submit a complete application for a Canadian citizenship certificate. If the first-generation limit applies, IRCC will notify you and may invite you to request a discretionary grant. Use paper forms CIT 0002 (adult) or CIT 0003 (minor), clearly labeling your submission for discretionary consideration.
What documents are required for a discretionary grant application?
Required documents include a completed application form, citizenship photos, applicable fees, and any additional documentation requested by IRCC. Ensure your submission is labeled correctly for processing under section 5(4) of the Citizenship Act.
What is the substantial connection test?
The substantial connection test requires a Canadian parent to have lived in Canada for at least three years (1,095 days) before the child’s birth or adoption. This ensures a meaningful link to Canada for citizenship transmission.
How will Bill C-71 impact discretionary grants?
Bill C-71 proposes to eliminate the first-generation limit for individuals with a substantial connection to Canada. If passed, it will provide clarity and potentially reduce the need for discretionary grants, though the process will remain as a humanitarian and public policy tool.
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