Who Is Eligible for a Discretionary Grant of Canadian Citizenship?

Canadian citizenship is considered by many to be the definitive attainable status for prospective immigrants coming to Canada. Although it is more arduous and time-consuming to become a Canadian citizen than to become a permanent resident, citizenship in Canada affords its holders rights and privileges that are greater than those conferred by temporary or permanent residency status in Canada.

Citizenship in Canada is governed by the Canadian Citizenship Act, and has been since the Act’s enactment on February 15, 1977. The rights of citizenship are detailed in the Act, as well as the procedures for presenting evidence of citizenship and the circumstances under which citizenship can be lost. Although the Citizenship Act was enacted a long time ago, like many other aspects of immigration law in Canada, citizenship is subject to change from time to time, as the Citizenship Act itself has been amended six times since 2019. Recent proposed amendments would further alter the Act, expanding citizenship eligibility to more individuals than the current Act permits.

Canadian Citizenship

Canadian citizenship affords individuals significant rights. Canadian citizens have the right to vote in Canadian elections and the right to live and work in any part of Canada. These rights are the same for people who obtain their citizenship through birth in Canada or those who later become naturalized Canadian citizens. 

Canadian citizenship can be obtained in several ways. As mentioned above, individuals born in Canada are considered Canadian citizens by birth. The process for individuals not born outside of Canada to obtain citizenship varies depending on the person’s specific circumstances.

For those with no parental connection to Canada, they must first become a permanent resident of Canada to be eligible to apply for citizenship. Notably, this includes prospective citizenship applicants who are marrying a Canadian citizen, as citizenship is not conferred upon the marriage to a Canadian citizen. 

Routes for Obtaining Permanent Residency

There are multiple avenues through which an individual can become a Canadian permanent resident, including Express Entry, Family Sponsorship, Business Immigration, and others. After an individual becomes a Canadian permanent resident, they can apply for citizenship in Canada by demonstrating that they have resided in Canada for at least 1,095 days over the previous five years. To become a citizen, an applicant must be able to demonstrate language skills in English or pass an assessment regarding their knowledge of Canada’s history and government, and its laws. 

When someone becomes eligible for Canadian Citizenship, it is best to apply as soon as possible, as processing times can be significant when applying for citizenship. The current processing time is 11 months, and given the overall trend in processing times for Immigration, Refugees and Citizenship Canada, the processing time is likely to remain at around a year. 

However, in some circumstances, citizenship can be applied for on an urgent basis if the applicant needs citizenship to apply for a job or avoid losing a job, attend a Canadian school, travel outside of Canada for a death or serious illness in their family and require a Canadian passport, or if an individual successfully appeals a previous denial of their citizenship application.

If a citizenship application is denied, the individual can appeal the decision or reapply, provided they pay the application fees again. The application fee for adults is $649.75, and the fee for minors is $100. 

Citizenship by Descent 

Citizenship in Canada can also be obtained in a process known as descent. A person born outside of Canada can be a Canadian citizen by descent if one or both of their parents were born in Canada or became naturalized Canadian citizens before the child was born. A person who can be a citizen by descent can apply for proof of citizenship from Canada to obtain their citizenship. The right to citizenship by descent was introduced in 2009 in an amendment to the Citizenship Act.

Currently, under the Citizenship Act, there is a limit on citizenship by descent for first-generation immigrants. This means that children born abroad to Canadian citizens beyond the first generation generally do not acquire Canadian citizenship automatically at birth.

However, this first-generation limit is currently under review. It could be changed, as on December 19, 2023, the Ontario Superior Court of Justice determined that key provisions setting out the first-generation limit for those born abroad are unconstitutional. The Federal Government agreed with the Ontario Superior Court of Justice ruling, finding that the law as it currently stands had unacceptable consequences for Canadians whose children were born outside of Canada. 

Future of Citizenship by Descent

Following the December 19, 2023, ruling, Bill C-71, An Act to Amend the Citizenship Act, was introduced on May 23, 2024. Bill C-71 aims to extend citizenship by descent beyond the first generation. The Bill would extend automatic citizenship to anyone born outside the country to a Canadian parent before the legislation comes into effect. The Bill will also address restoring citizenship to individuals referred to as “Lost Canadians,” who were never able to become citizens or lost their citizenship due to outdated legislative provisions. However, Bill C-71 did not pass, and the same provisions have now been largely incorporated into Bill C-3, which was tabled in the House of Commons on June 10, 2025.

The objective of Bill C-3 is to establish a new legislative scheme for Canadian citizens born abroad to pass on citizenship to their children also born abroad. For people born abroad before the proposed amendments come into force, the bill would extend automatic citizenship to the second or subsequent generation born abroad if they had a Canadian citizen parent at the time of their birth. This means that the Bill applies retroactively. 

Interim Measure Announced in March 2025

Bill C-3 is currently set for a second reading in the House of Commons at some point in the future. Although the Bill has not officially passed, an interim measure was announced on March 13, 2025, to support those who have been impacted by the delay in passing a Bill that would amend the citizenship by descent rules. According to the interim measure, some individuals will be offered consideration for a discretionary grant of citizenship. The eligible individuals include: 

• Those born or adopted before December 19, 2023, who are subject to the first-generation limit
• Those born or adopted on or after December 19, 2023, if their Canadian parent had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption (they will be offered consideration for a discretionary grant on a prioritized basis)
• Certain individuals born before April 1, 1949, who remain affected by the first-generation limit
• Those who lost their citizenship under the former section 8 of the Citizenship Act due to unmet retention requirements

This interim measure will remain in place until March 2026, allowing those affected to have sufficient time to apply for citizenship. For those who could be impacted, make sure to stay alert as to whether Bill C-3 passes, and how that could change the citizenship by descent rule. 

Contact Garson Immigration Law for Assistance Applying for Canadian Citizenship

Garson Immigration Law is a Toronto-based law firm that helps individuals find solutions to their immigration needs, including obtaining permanent residence in Canada and overcoming inadmissibility. Our focus on immigration allows us to understand our clients’ unique concerns and obstacles. 

Our skilled immigration lawyers have extensive expertise in all immigration matters, including work permits, student visas, and US immigration from Canada. If you have any questions about an immigration matter, do not hesitate to contact us online or call us at 416-321-2860.