Canada to overhaul citizenship rules: Will it benefit Indians?

Canada is set to update its citizenship laws. It is planning to give Canadians a “fair, clear way” to pass on citizenship to their children born or adopted outside the country.

This could benefit thousands of Indian-origin families. Bill C-3, which amends Canada’s Citizenship Act, has received royal assent, with the ball now in the government’s court to set the date for its implementation.

Let’s take a closer look.

Canada’s old citizenship rules

Canada’s first Citizenship Act of 1947 created a class of “lost Canadians” due to some provisions that made many people lose their Canadian citizenship or never receive it.

Under these rules, a Canadian born outside the country cannot automatically pass on citizenship to their child if that kid is also born overseas.

The government brought changes in 2009 and 2015 that helped many of these ‘lost Canadians’ to restore or get citizenship, according to Immigration, Refugees and Citizenship Canada (IRCC).

Canada’s immigration agency further said that the first-generation limit to Canadian citizenship by descent was launched in 2009. Under this, a child born or adopted outside Canada is not considered a Canadian national by descent if their Canadian parent was also born or adopted outside Canada.

On December 19, 2023, the Ontario Superior Court of Justice deemed major parts of the Citizenship Act concerning this first-generation limit clause as unconstitutional.

The Canadian government did not appeal the ruling, agreeing that the law had “unacceptable outcomes” for the children of Canadians born outside the country.

What are the new rules?

Bill C-3 includes a provision that would provide Canadian citizenship to people born before the bill comes into force. This would benefit those people who would have been citizens if not for the first-generation limit or other old rules of the previous legislation.

“A Canadian parent born or adopted abroad will be able to pass citizenship on to their child born or adopted outside Canada on or after the date the bill comes into force, provided they have a substantial connection to Canada,” the IRCC said in a statement.

As per Times of India (TOI), a substantial connection in the law means 1,095 days of cumulative presence before the birth or adoption.

“This approach supports fairness for families while reinforcing the principle that real, demonstrated ties to Canada guide citizenship by descent,” the IRCC added.

It said the amendment will make the Citizenship Act “more inclusive, while maintaining the value of Canadian citizenship.”

Bill C-3 has yet to be enforced. The federal government will have to fix the date for its implementation.

A Canadian court has extended the deadline for implementing the legislation to January 2026.

With this, IRCC has some time to finalise the process. Immigration lawyers are expecting a rise in applications once the law comes into force, reported TOI. 

Why were the changes needed

Lena Metlege Diab, Minister of Immigration, Refugees and Citizenship, said the new legislation will resolve the issues in Canada ’s citizenship laws. “Bill C-3 will fix long-standing issues in our citizenship laws and bring fairness to families with children born or adopted abroad. It will provide citizenship to people who were excluded by previous laws, and it will set clear rules for the future that reflect how modern families live. These changes will strengthen and protect Canadian citizenship.”

“By updating the Citizenship Act to reflect the global mobility of modern Canadian families, the federal government has made access to citizenship more fair and reasonable. I applaud the efforts of all who supported Bill C-3, and the federal government for doing the right thing for Canadians who lost their citizenship because of an outdated law,” Don Chapman, Founder of the Lost Canadians, said, as per IRCC.

The Canadian Immigration Lawyers Association (CILA), which endorsed the changes, said this was in line with rules in the United States, United Kingdom and Australia. “The second-generation cut-off created an unfair, second-class citizenship for Canadians born abroad.
It discriminated based on national origin and forced many women to relocate to Canada just to give birth. Bill C-3 finally removes this unconstitutional barrier,” it said.

With inputs from agencies