Can I Apply for a Discretionary Grant of Canadian Citizenship in 2025?

(CANADA) Immigration, Refugees and Citizenship Canada is now accepting applications for a discretionary grant of Canadian citizenship under interim measures that took effect in early 2025 and remain in place as of late August 2025. The program, announced by Minister Marc Miller on March 13 and expanded on March 20, is designed to help people who do not meet the usual citizenship rules but have a strong case in the public or humanitarian interest.

These measures respond to delays in Parliament on Bill C‑71 and follow a December 2023 court ruling that found parts of Canada’s first‑generation limit unconstitutional. The government says the temporary approach gives families abroad a path to citizenship while lawmakers finish work on longer‑term fixes.

Who the interim measures help

Under the interim steps, the Minister can use discretionary grant power to approve citizenship for people blocked by the first‑generation limit and for those affected by older retention rules that once caused people to lose status. This change matters for:

• Families with children born outside Canada
• Older adults born before April 1, 1949
• Canadians who were caught by historic rules about keeping ties to Canada

IRCC has said it will give priority to newborns and young children who fall under the new “substantial connection” test through a Canadian parent.

The department confirmed four main groups can apply through this route in 2025:
1. People born or adopted before December 19, 2023, who are blocked by the first‑generation limit.
2. People born or adopted on or after December 19, 2023, whose Canadian parent has a substantial connection to Canada — defined as at least 1,095 days (three years) of physical presence before the child’s birth or adoption.
3. People born before April 1, 1949, who are affected by the same first‑generation rule.
4. People who lost Canadian citizenship under older retention requirements that required keeping ties to Canada.

IRCC states these interim measures exist because Parliament has not yet passed Bill C‑71, which would change the law to reflect the court decision and the substantial connection test.

Purpose and legal basis

The policy aims to reduce harm caused by the first‑generation rule, which limits citizenship by descent to the first generation born abroad. That rule means a Canadian who was born outside Canada cannot generally pass citizenship to a child also born outside Canada. The Ontario Superior Court of Justice found the rule inconsistent with the Charter in December 2023.

The government introduced Bill C‑71 in 2024 to address the problem, but the bill has not cleared the House and Senate. To avoid years of delay for real families, IRCC opened this temporary path while the political process continues. A separate bill, C‑3, introduced in June 2025, would also widen access for children born abroad and could work alongside or replace parts of C‑71 depending on parliamentary outcomes.

IRCC says the minister’s power comes from subsection 5(4) of the Citizenship Act. That section lets the Minister grant citizenship on a discretionary basis in cases of statelessness, special and unusual hardship, or for reasons the Minister finds in the public interest. The department has set practical rules so people affected by the first‑generation limit and old retention rules can make a clear request under subsection 5(4), and staff have been instructed to identify and prioritize cases that fit the policy goals.

Important: The discretionary route is not automatic. Applicants must submit standard forms, pay the standard fees, and explicitly request consideration under ss. 5(4). Criminal inadmissibility, security checks, and identity verification still apply.

The substantial connection test

The substantial connection rule is straightforward: a Canadian parent must have physically lived in Canada for at least 1,095 days (three years) before the child’s birth or adoption.

• It focuses on actual days of presence, not intent, tax filings, or other soft ties.
• Records that can demonstrate presence include travel history, school records, pay stubs, leases, or other official documents.
• IRCC will prioritize newborns and young children when the parent can show the three‑year presence, to reduce the risk a child is left without status.

How the discretionary process works (practical steps)

The process requires applicants to follow normal citizenship procedures but to clearly request discretionary review:

1. Complete the appropriate standard form:
   • Adults: Application for Canadian Citizenship – Adults (CIT 0002)
   • Minors: Application for Canadian Citizenship – Minors (CIT 0003)
2. Sign, date, include required photos and civil records, and pay the applicable fees.

3. File by paper (mail) for now — the online system lacks a direct option to flag a 5(4) request.

4. Clearly label the form and the front of the envelope with: “Requesting Discretionary Consideration under ss. 5(4) of the Citizenship Act.”

IRCC stresses that the label must be clearly visible so officers route the file to the discretionary team rather than the regular stream.

Filing checklist (basic)

• Completed, signed, and dated CIT 0002 or CIT 0003 form
• Required citizenship photos and civil status records
• Proof the parent meets the relevant test (including records showing 1,095 days of presence, where applicable)
• Payment receipt for the citizenship fees
• The exact phrase “Requesting Discretionary Consideration under ss. 5(4) of the Citizenship Act.” on both the form and the envelope
• A mailing address valid long enough to receive notices

Processing steps mirror standard files: IRCC opens the package, checks completeness, and routes it to the discretionary team. Officers may request more documents; applicants should reply by the date given to avoid delays.

Special cases: retention, historic records, and older applicants

• People who lost citizenship under old retention rules must provide proof of past status and show that loss resulted from the retention requirement in force at the time.
• Staff may need to review records spanning decades; complete and clear documentation helps avoid back‑and‑forth.
• For births/adoptions on or after December 19, 2023, the parent’s 1,095‑day presence is central.
• For births/adoptions before that date, show why the first‑generation limit blocks the child and include records proving the Canadian parent’s status.
• For people born before April 1, 1949, include a birth record and proof of the relevant parent’s status.

IRCC will prioritize babies and young children with clear presence records; older adults or historic cases requiring deep file searches may take longer.

Legal assessment and limits

IRCC’s program instructions explain how officers should weigh hardship, public interest, and fairness when assessing discretionary grants. For people affected by the first‑generation limit or retention rules, IRCC has signaled that family unity and recognition of real ties to Canada weigh strongly in favor of approval.

However:
– Discretionary grants are exceptional, not a blanket amnesty.
– Identity verification, security checks, and criminal prohibitions continue to apply.
– Any false statements or omissions can lead to refusal or later revocation.

For details on how officers assess discretionary files, see IRCC’s program instructions: Discretionary grants under subsection 5(4).

Practical tips and recommendations

• Put the required 5(4) request phrase on the form and envelope and keep copies of everything you send.
• Gather travel history and presence records for the Canadian parent, birth/adoption records for the child, and any documents showing past status or loss of status due to retention.
• Ensure names and dates match across passports, birth records, and certificates.
• If IRCC requests more records, respond by the deadline to avoid delays.
• Consider legal or licensed consultant help for complex cases — representation is optional but can help present timelines and historic records clearly.

What to expect on timing and outcomes

IRCC reported welcoming about 86,400 new citizens between April and July 2025, indicating strong processing activity but ongoing backlogs. Discretionary files may take longer because of tailored reviews and historic record checks.

• Babies and young children with clear presence proof may be processed faster.
• Older applicants or cases requiring decades of documentation could face longer timelines.
• The presence of a defined path and a clear label reduces the risk of automatic refusals.

Interaction with Bills C‑71 and C‑3

• Bill C‑71 would codify the substantial connection test in law.
• Bill C‑3 (introduced June 2025) could widen access further for children born abroad.
• Neither bill is law yet; if either passes, IRCC will update forms, online tools, and guidance.
• Until Parliament acts, the 5(4) discretionary grant path remains the official route for those affected by the first‑generation limit or old retention rules.

Public reaction and broader significance

Public response emphasizes relief for families and the practical importance of timing. Advocates for “Lost Canadians” see the interim path as overdue. Many families report that the three‑year presence test better reflects modern cross‑border lives than a strict bar on passing citizenship.

Minister Marc Miller framed the measures as a fair response to the court ruling and to changing family patterns across borders. The discretionary grant lets officers consider the whole picture and approve citizenship where the public interest is clear.

Final summary and next steps for applicants

• The discretionary grant path under ss. 5(4) is open now for people who fit the interim categories and can present a clear, complete package.
• Use CIT 0002 or CIT 0003, include required documents and fees, file by paper, and label the file with “Requesting Discretionary Consideration under ss. 5(4) of the Citizenship Act.”
• Keep copies of everything, respond promptly to any IRCC requests, and be prepared for identity checks and possible delays.

The interim route is intended to help families secure status for children born abroad and to address the legacy of old retention rules while Parliament works on permanent legislative fixes.