Can I apply for a discretionary grant of Canadian citizenship?…

1000’s of individuals could also be eligible to realize Canadian citizenship by making use of for a discretionary grant of citizenship.

Below interim measures launched by the federal authorities earlier this 12 months, this feature is obtainable to individuals born overseas who didn’t inherit citizenship from their Canadian father or mother(s) on account of the first-generation restrict (FGL) to citizenship by descent.

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Chances are you’ll be eligible to use for a discretionary grant of Canadian citizenship should you fall into one of many following conditions:

• You had been born or adopted earlier than December 19, 2023, and are affected by the FGL.
• You had been born or adopted on or after December 19, 2023, are affected by the FGL, and your Canadian father or mother met the “substantial connection to Canada” check on the time of your start or adoption.
• You had been born earlier than April 1, 1949 and are affected by the FGL.
• You misplaced your citizenship on account of unmet retention necessities (former part eight of the Citizenship Act).

The substantial connection check requires that your Canadian father or mother have amassed at the least 1,095 days of bodily presence in Canada previous to your start or adoption.

The federal authorities put these interim measures in place to permit these affected by the FGL to realize citizenship previous to the introduction of the brand new citizenship laws beneath Invoice C-Three.

This text will present examples of these affected by the FGL who’re eligible, and directions on methods to apply for a discretionary grant of citizenship if you’re eligible.

Examples of eligible individuals

Listed here are some fictional examples demonstrating how the interim measures apply to these affected by the FGL.

Situation 1 – born earlier than December 19, 2023

Amanda was born in 2010 in the UK (UK) to her dad and mom Dorothy and James. Dorothy was born in Thailand and inherited Canadian citizenship at start from her father, Roger, who was born in Canada. Amanda’s father, James, was a citizen of the UK.

Since Amanda was born outdoors Canada after the introduction of the FGL into the Citizenship Act, she didn’t inherit citizenship at start from her mom, Dorothy, as Dorothy herself was a first-generation citizen by descent.

Below the interim measures, Amanda can apply for a discretionary grant of Canadian citizenship.

Situation 2 – born after December 19, 2023

Timothy, born in america, was adopted in January 2024 by his dad and mom, Stewart and Henry. On the time of Timothy’s adoption, Stewart was a citizen of america, and Henry held each Canadian and US citizenship.

Henry had been born in america and had inherited Canadian citizenship from his father, William. In 2019, Henry and William had moved to Toronto, the place they lived up till the time they adopted Henry.

As a result of Henry is a Canadian citizen by descent, Timothy didn’t acquire Canadian citizenship upon adoption.

Since Henry had lived in Canada for at the least 1,095 days earlier than Timothy’s adoption, Timothy’s dad and mom can submit an software for Timothy to be issued a discretionary grant of Canadian citizenship.

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Situation Three – born earlier than April 1, 1949

Joshua was born in Spain in 1945 to a Canadian mom, Emily, and an Italian father, Donatello.

Because of the truth that Canada’s first Citizenship Act solely got here into pressure on 1 January 1947, Joshua was not robotically conferred Canadian citizenship upon his start.

As soon as the Citizenship Act was handed, it excluded a number of individuals in numerous circumstances from inheriting citizenship by descent—right now known as “misplaced Canadians”.

Joshua was excluded from gaining citizenship by descent on account of two elements:

• His dad and mom didn’t register Joshua’s start with the Canadian authorities inside two years of his being born overseas; and
• His solely Canadian accomplice was his mom, and the 1947 Citizenship Act didn’t present for citizenship by descent to youngsters born of a Canadian mom and non-Canadian father.

Joshua is ready to apply for a discretionary grant of citizenship beneath the interim measures.

Situation four – misplaced Canadian beneath former part eight of the Citizenship Act

Samantha was born in 1979 in america to Canadian dad and mom.

On the time, part eight of the 1977 Citizenship Act required Samantha to use to retain her Canadian citizenship earlier than turning 28 by demonstrating a considerable connection to Canada.

Since Samantha didn’t full this course of previous to her 28th birthday in 2007, she misplaced her Canadian citizenship beneath the sooner laws.

Samantha is eligible to use for a discretionary grant of Canadian citizenship beneath the interim measures.

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Learn how to apply for a discretionary grant of citizenship

If you happen to could also be affected by the first-generation restrict, you may apply for Canadian citizenship by first requesting a citizenship certificates (proof of citizenship).

This doc confirms whether or not you might be acknowledged as a Canadian citizen and lets you entry essential companies and advantages, equivalent to pensions, healthcare, a Social Insurance coverage Quantity (SIN), and making use of for a Canadian passport.

While you apply, IRCC will evaluation your software and

• Ship you a letter confirming whether or not the first-generation restrict applies to you; and
• If you’re affected by the FGL, invite you to request a discretionary grant of citizenship.

Upon receiving your request, IRCC will evaluation your scenario and determine whether or not to grant you citizenship.

Utility course of

To use, it’s essential to use IRCC’s “Learn how to Apply” web page. This software will generate the right software package deal and directions primarily based in your scenario—whether or not you might be making use of for the primary time or changing a misplaced certificates, and whether or not you might be making use of for your self or in your youngster.

To study extra about making use of for proof of citizenship, go to our devoted webpage.

Requesting pressing processing

Citizenship certificates usually take 5 months to course of, in response to the latest IRCC processing knowledge.

In some circumstances, you may request pressing processing of your software. IRCC could prioritize your case should you can reveal an pressing want, equivalent to

• Avoiding hurt or hardship primarily based on race, faith, nationality, sexual orientation, gender identification or expression, or membership particularly teams;
• Shifting a minor youngster (beneath 18) to Canada, when the kid was born overseas and has a Canadian father or mother;
• Stopping or resolving statelessness;
• Travelling as a result of loss of life or critical sickness of a member of the family whenever you can’t acquire one other passport;
• Renouncing international citizenship by a required date; or
• Employment or training wants (to use for a job, keep away from dropping a present job, or attend faculty).

To assist a request for pressing processing, it’s essential to embrace the next:

• An evidence letter outlining your scenario; and
• Supporting paperwork, equivalent to
  • A aircraft ticket or itinerary (with proof of cost);
  • A letter out of your employer or faculty;
  • A physician’s word or medical certificates; or
  • A loss of life certificates.

What occurs subsequent

IRCC will evaluation your scenario and determine whether or not to grant your request for pressing processing. If authorized, your software for a citizenship certificates (and potential grant of citizenship) will probably be prioritized.

Second-generation residents by descent who’re unaffected

Notice that youngsters whose Canadian father or mother (on the time of their start) was employed by Canada as a crown servant* are already exempt from the FGL beneath the present laws.

Individuals falling beneath the crown servant exemption are already Canadian residents.  They don’t want to use for a discretionary grant, however can as a substitute apply for proof of citizenship immediately.

*A crown servant is an individual employed by the:

• Canadian Armed Forces;
• Canadian Federal Public Administration; or
• Public service of a province or territory.

Get a Free Authorized Session and See if You might be Eligible for a Citizenship Grant