Canada has outlined three exceptional circumstances under which foreign nationals may be granted citizenship outside the country’s usual naturalisation requirements.
The Immigration, Refugees and Citizenship Canada (IRCC) said the discretionary provision is available under subsection 5(4) of the Citizenship Act and is reserved for cases that meet a particularly high threshold.
The information was contained in a written response from IRCC to a question raised by MP Larry Maguire before the Standing Committee on Citizenship and Immigration on March 20, 2023. The response was formally published on December 5, 2024, and applies to cases considered under the current legal framework.
Three grounds for discretionary citizenship
Under subsection 5(4) of the Citizenship Act, the federal government may grant citizenship outside the normal requirements on three grounds:
- Special and unusual hardship
- Statelessness
- Exceptional service to Canada
IRCC emphasised that the provision is not intended to serve as an alternative route to citizenship for applicants who do not meet the regular requirements.
According to the agency, citizenship is granted under this provision “only in very exceptional cases”, with each application assessed individually based on its specific circumstances.
Applicants therefore cannot rely on a standard application formula or automatic eligibility pathway when seeking citizenship through the discretionary process.
Processing times vary
IRCC said it does not provide standard processing times for subsection 5(4) applications because of the highly individual nature of the cases.
The time required to reach a decision can depend on several factors, including how quickly applicants or their representatives provide requested documents. The process may also take longer when security screening, criminal background checks or fingerprint results from partner agencies are still outstanding.
For urgent applications, IRCC said the timeframe depends partly on whether enough supporting documentation has been submitted and whether there are any legal prohibitions preventing the applicant from being granted citizenship.
‘Lost Canadians’ cases
The agency also provided clarification on applications involving so-called “lost Canadians” — people who either lost or never acquired Canadian citizenship because of historical provisions in Canadian citizenship law.
IRCC said some applications initially identified as involving “lost Canadians” may, after further examination, be determined not to fall within that category.
Despite this, the department confirmed that subsection 5(4) applications remain a priority. This includes cases involving “lost Canadians”, minors and people who lost their citizenship under Section 8 of the Citizenship Act.
The discretionary provision therefore remains a narrowly applied mechanism for addressing highly exceptional citizenship cases rather than a general replacement for Canada’s normal citizenship process.
By: Prince Martey-Sogar.