Understanding Canadian Citizenship by Descent and Recent Legislative Changes

If you were born outside Canada and one of your grandparents was Canadian, you may be eligible to apply for a discretionary grant of Canadian citizenship.

Under recent interim measures introduced by the government, individuals affected by Canada’s first-generation limit to citizenship by descent can now submit an online application for proof of citizenship.

Immigration, Refugees and Citizenship Canada (IRCC) will review applications and determine eligibility for the discretionary grant.

IRCC offers an online questionnaire to assess potential impact under the first-generation limit.

Learn more about the application process and urgent processing options for eligible individuals.

Reasons for the Implemented Measures

Children born to Canadian parents outside Canada can inherit Canadian citizenship at birth under citizenship by descent.

The first-generation limit, initially added to the Citizenship Act in 2009, restricted citizenship by descent to the first generation, preventing children born outside Canada to Canadian citizens by descent from inheriting Canadian citizenship.

In 2023, the Ontario Superior Court of Justice declared the current version of the first-generation limit unconstitutional, prompting the government to introduce interim measures to support affected individuals until legislative changes are made.

The grace period for legislative amendments extends to November 20, 2025.

Bill C-3, an act to amend the Citizenship Act, is currently under review in the House of Commons and proposes exceptions to the first-generation limit based on a substantial connection to Canada test for Canadian parents.

The bill also includes provisions for security checks for citizenship applicants by descent aged 18 and above.

For the bill to become law, it must pass through multiple readings in Parliament and receive royal assent.