Discretionary Grant of Canadian Citizenship: Who Can Apply?
Not everyone born abroad to Canadian parents automatically gets citizenship. Canada’s
first-generation limit (FGL) has long stood in the way for many families. But thanks to new
interim measures, there’s finally a pathway for some through a
discretionary grant of citizenship.
At Sayal Immigration, a trusted
Immigration Consultant in Canada, we’ve seen how complicated this gets for parents overseas. Let’s break it down in plain language.
What Exactly Is the First-Generation Limit?
Here’s the short version:
- If you’re born outside Canada, and
- Your Canadian parent was also born abroad to a Canadian,
…you don’t automatically qualify as Canadian. Citizenship by descent ends after the
first generation born outside Canada (
Government of Canada).
Courts ruled parts of this law unconstitutional in 2023. Still, the government is keeping it in place until
November 20, 2025.
What Changed in March 2025?
Starting
March 13, 2025,
Canada rolled out temporary fixes:
- You can now apply directly to the Minister of Immigration for a discretionary grant of citizenship.
- Children born or adopted after December 19, 2023 may be prioritized, but only if their Canadian parent had a “substantial connection”—basically, at least three years (1,095 days) of living in Canada before the birth or adoption (Government of Canada).
Who Might Qualify?
The rules sound complex, but in practice, these groups may be eligible:
- Born/adopted before Dec 19, 2023 and blocked by the FGL.
- Born/adopted after Dec 19, 2023, with a Canadian parent who spent 3+ years in Canada.
- Born before April 1, 1949 and impacted by the FGL.
- Anyone who lost citizenship under old retention rules (former Section 8 of the Citizenship Act).
One of our clients in
Mississauga was in this exact situation: their child was born overseas, and they assumed citizenship was out of reach. After reviewing the new rules, we found a way to apply through a discretionary grant. It gave them a huge sense of relief.
Why This Matters
For families, this isn’t just legal paperwork. It’s about children having the
right to call Canada home.
But—here’s the catch—you’ll need strong proof that the Canadian parent met residency requirements. Applications without clear documentation often face delays. Working with a trusted
Immigration Consultant in Toronto,
Immigration Consultant in Brampton, or
Immigration Consultant in Mississauga can make the process smoother.
How You Can Apply
- Check eligibility – Start with the government tool “Am I a Canadian?”.
- Verify parent’s residency – Was your Canadian parent physically in Canada for 1,095+ days before your birth?
- Apply for proof – If you’re unsure, you can request a citizenship certificate (Government of Canada).
- Request a discretionary grant – If you’re excluded under the FGL, this is your chance to apply.
- Seek expert help – Sayal Immigration has licensed consultants in Mississauga, Toronto, Brampton, Kitchener, Scarborough, and London. Whether you’re looking for the Best Immigration Consultant in London Ontario or need a reliable Immigration Consultant in Kitchener or Immigration Consultant in Scarborough, we’ve got you covered.
Key Takeaway
The
discretionary grant of Canadian citizenship is a rare opportunity for families who’ve felt stuck by outdated rules. And while the door is open, it comes with fine print and paperwork.
That’s where
Sayal Immigration can step in—offering tailored advice, whether you’re in
Mississauga, Toronto, Brampton, Kitchener, Scarborough, or London. We’ll help you navigate eligibility, prepare your case, and improve your chances of approval.
❓ Frequently Asked Questions (FAQ)
1. What is the discretionary grant of Canadian citizenship?
It’s a special pathway where the
Minister of Immigration can grant citizenship to people who don’t automatically qualify under the
first-generation limit (FGL). Learn more from the
Government of Canada.
2. Who qualifies for a discretionary grant?
You may qualify if you were:
- Born or adopted outside Canada and blocked by the FGL,
- Born before April 1, 1949, and impacted by the rules, or
- Someone who lost citizenship under old retention requirements.
Children born after December 19, 2023 may also qualify if their Canadian parent lived in Canada for at least 1,095 days.
3. How do I apply?
Steps include:
- Check eligibility via the “Am I a Canadian?” tool.
- Confirm your parent’s Canadian residency.
- Apply for a citizenship certificate.
- Submit a discretionary grant request if excluded.
If you want guidance, consult with an
Immigration Consultant in Mississauga,
Immigration Consultant in Brampton, or
Immigration Consultant in Scarborough.
4. What does “substantial connection” mean?
It means the Canadian parent lived in Canada for
three years or more (1,095 days) before their child’s birth or adoption.
5. Do I need an immigration consultant?
You can apply on your own. But because of the legal complexity and documentation requirements, many choose professional help. Whether you’re searching for the
Best Immigration Consultant in London Ontario or an
Immigration Consultant in Kitchener, Sayal Immigration is here to help.
