Understanding Citizenship by Descent & Discretionary Grants: What’s New in 2025
Vancouver, BC —
Canada is making important changes in its laws and policies related to citizenship, especially for people born outside Canada whose parents or grandparents are Canadian. If you think you might qualify for Canadian citizenship, a Canadian passport, or proof of citizenship, here’s what you need to know.
What Is Citizenship by Descent?
“Citizenship by descent” (sometimes called “citizenship by right of blood”) means that if one of your parents or grandparents was Canadian, you might have automatically acquired Canadian citizenship— even if you were born outside Canada.
Under current law:
· If your parent was born in Canada, or naturalized Canadian before the birth of the child born abroad, that child is Canadian by descent.
· However, there has been a restriction known as the first-generation limit: it prevents automatic citizenship being passed down beyond one generation born abroad (for example, a parent who was born abroad to a Canadian parent typically cannot automatically pass it to their child also born abroad).
What Is the First-Generation Limit (FGL), and What Has Changed?
The first-generation limit has been in place for some time and has affected many people who believed they should be Canadian by descent but were not able to claim it.
Here are the recent and upcoming changes:
In December 2023, an Ontario Superior Court of Justice declared parts of the first-generation limit unconstitutional. However, that decision has been suspended until November 20, 2025, meaning the current rules are still in force until then.
In March 2025, the federal government introduced expanded interim measures. These allow people affected by the first-generation limit to be considered for discretionary grants of citizenship (see below).
Also, Bill C-3, An Act to amend the Citizenship Act (2025), has been introduced. If passed, it would extend citizenship by descent beyond the first generation, subject to certain requirements like a “substantial connection” to Canada.
Discretionary Grants of Citizenship: What They Are & Who’s Eligible
Because of the first-generation limit, many people were “lost Canadians” — they believed they were citizens by descent but were not recognized under existing law. The discretionary grant is a way to fix some of those cases.
Who can apply for a discretionary grant?
Under the interim measures (as of March 2025), you may be eligible for a discretionary grant if you are in one of these situations:
Scenario A — Born Before December 19, 2023
You were born or adopted before December 19, 2023, and are affected by the first-generation limit.
Name: Naomi
Born in 2015 in Australia to a mother, Lisa, who was born abroad and inherited Canadian citizenship by descent (Lisa’s own Canadian parent was born in Canada).
Naomi did not automatically become Canadian at birth because her mother was a first-generation citizen by descent, and under the FGL, citizenship by descent doesn’t pass beyond that generation.
Since Naomi was born before December 19, 2023, she is eligible for a discretionary citizenship grant under the interim measures.
Scenario B — Born on or After December 19, 2023
You were born or adopted on or after December 19, 2023, and have a Canadian parent who had been physically present in Canada for at least 1,095 days (about 3 years) before your birth or adoption.
Name: Aiden
Adopted in 2024 in the United Kingdom by his parents, one of whom (Sam) was Canadian by descent (born abroad).
At the time of Aiden’s adoption, Sam had lived in Canada for at least 1,095 days before Aiden was adopted, meeting the “substantial connection” physical presence test required under the interim rules.
Aiden is born/adopted after December 19, 2023 and is eligible under the measure because of Sam’s substantial connection.
Scenario C — Born Before April 1, 1949
You were born before April 1, 1949, and are still impacted by the first-generation limit.
Name: Marisol
Born in 1942 in Spain, to a Canadian mother (Maria) and a foreign father. Because of Canada’s first Citizenship Act that came into force on January 1, 1947, Marisol never had citizenship at birth under the descent rules active then.
She was affected by the first-generation limit, but now under the interim measures (and the new legislative proposals), she is eligible to request a discretionary grant of citizenship.
Scenario D — Lost Citizenship Under Former Section 8 of the Citizenship Act
You formerly were a Canadian citizen but lost your status because of outdated rules (e.g. the old section 8 of the Citizenship Act).
Name: David
Born in 1978 in Brazil to Canadian parents, but under older rules (former section 8 of the Citizenship Act), he was required to apply to retain citizenship before turning 28 by demonstrating a substantial connection to Canada, which he did not do.
As a result, he lost Canadian citizenship under those former rules.
Under the new interim measures, David is eligible to apply for a discretionary grant of citizenship and restore his status.
Proof of Citizenship: Citizenship Certificates & Application Process
If you believe you may already be a Canadian citizen by descent or potentially eligible via a discretionary grant, here are the steps to apply:
Check eligibility: Use tools like IRCC’s “Am I a Canadian?” or related questionnaires.
Apply for a Citizenship Certificate (Proof of Canadian Citizenship):
This certificate confirms whether you are recognized under current law.
Depending on your details (born/adopted, location, parent’s status), you may apply online or via mail.
Canadian Passport Eligibility
Once you receive your proof of citizenship, you can apply for a Canadian passport. Having a passport isn’t required in order to be a citizen, but it makes travel, identification, and re-entry to Canada much easier.
If your parent or grandparent was a Canadian, and you have proof of citizenship (or get it via discretionary grant or through the new Bill C-3 changes), then you likely qualify for a Canadian passport.
What Bill C-3 Means for the Future
Bill C-3, if passed, will be a major shift in Canada immigration / citizenship by descent laws. Key features:
It would eliminate the current first-generation limit in many cases.
It requires that the Canadian parent born abroad (the first-generation citizen) demonstrate a substantial connection to Canada in order for children born abroad (second or further generations) to automatically receive citizenship by descent.
It also aims to restore citizenship for people who lost it under former laws.
Key Takeaways for Potential Applicants
If your parent or grandparent was Canadian, you may already be Canadian by descent — or eligible via interim or future law changes.
Don’t assume: check the first-generation limit status, parent/grandparent’s birth/naturalization status, and how long the Canadian parent was physically in Canada (if required).
Apply for a citizenship certificate as proof — you’ll need that before you can get a passport.
If the current laws don’t help, the interim measures (discretionary grant) might. Or soon, Bill C-3 could broaden the rules.
Keep an eye on deadlines: the court suspension of first-generation limit remains until November 20, 2025. After that, rules may change.
What’s Next & How Caerus Immigration Can Help
At Caerus Immigration, we assist clients with:
· Checking eligibility for citizenship by descent
· Navigating the discretionary grant process
· Preparing and submitting applications for proof of citizenship
· Applying for a Canadian passport once proof is obtained
· Staying updated on legislative changes like Bill C-3 and how they may affect your status
If you think you might qualify under these changes — whether through a parent, grandparent, or via the discretionary grant — contact us for a free consultation. Let us help you make a strong Canada citizenship application. Contact us today at mark@caerusimmigration.com for expert guidance.