Canada is set to overhaul its citizenship-by-descent rules, offering long-awaited relief to thousands of families, including many of Indian origin.
The federal government has passed Bill C-3, which scraps the controversial “second-generation cut-off” — a rule that stopped Canadians born abroad from passing on citizenship to their own children born overseas. The bill received royal assent last week, marking a major step toward modernising the Citizenship Act.
The government said the updated law will ensure that “Canadians who were left out under outdated rules will finally have a fair and straightforward way to pass citizenship to their children born or adopted outside Canada.”
Who will qualify for Canadian Citizenship now?
Once the new law officially takes effect:
- Individuals born before the law comes into force, who would have been Canadian citizens if not for the first-generation limit or older rules, will automatically gain citizenship.
- Canadians born or adopted abroad will be allowed to pass citizenship to their children born or adopted outside Canada — as long as the parent has a “substantial connection” to Canada.
This could include time spent living in the country or other demonstrable ties.
According to the Canadian government says the approach balances fairness for families with the principle that citizenship by descent should be linked to a genuine connection with Canada.
When will the new rules start?
The exact start date will be announced through an order in council. Until then, temporary measures will continue for those affected by the first-generation limit.
“Bill C-3 fixes long-standing gaps in our citizenship laws,” Immigration Minister Lena Metlege Diab has been quoted by the media. “It will restore fairness for families with children born or adopted abroad and set clear rules for the future. These changes will strengthen and protect Canadian citizenship.”
What was the previous Law?
The first-generation limit, introduced in 2009, stated that a child born or adopted outside Canada could not become a Canadian citizen by descent if their Canadian parent was also born or adopted abroad.
This rule created difficulties for many families, especially those of Indian origin, whose global work or life circumstances meant children were often born outside Canada.
In December 2023, the Ontario Superior Court of Justice ruled that parts of the Citizenship Act tied to this limit were unconstitutional. The Canadian government chose not to appeal, acknowledging that the law produced unfair and unreasonable results for children of Canadians living abroad.
Don Chapman, founder of the advocacy group Lost Canadians, told a news agency that updating the law to reflect the realities of modern, mobile families makes citizenship rules “more fair and reasonable.”
Also Read: Benefits Of New Canada Immigration Rules For Indians https://www.vibesofindia.com/benefits-of-new-canada-immigration-rules-for-indians/
