Canada's new citizenship framework to benefit Indian diaspora, proposed law removes first-gen limit

While the Donald Trump administration of the US may have tightened immigration policies, posing significant challenges for Indian nationals seeking US green cards and citizenship, the Canadian government may offer them a major respite very soon.

Notably, an executive order signed by Trump on January 20 aims to end birthright citizenship for children born in the US to parents on temporary visas, such as H-1B and F-1.

In contrast, the Canadian government has introduced Bill C-3 on Thursday (June 5) to address longstanding citizenship issues.

This “Citizenship Bill” targets the 2009 “First-Generation Limit” (FGL), which denied or revoked citizenship for many born outside Canada or with foreign-born children. The new bill seeks to correct these injustices.

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Bill C-3 proposes automatically reinstating Canadian citizenship for those affected by the FGL and similar outdated rules. This change could benefit thousands, especially within immigrant communities, including Indian-origin residents and skilled foreign workers with ties to Canada.

Beyond addressing past issues, the bill sets a new standard allowing Canadian parents born abroad to pass on their citizenship to their children, even if born abroad, provided the parent demonstrates a “substantial connection” to Canada.

This connection is defined as at least 1,095 cumulative days (three years) of physical presence in Canada before the child’s birth or adoption.

If enacted, the bill would enable Canadian citizens by descent to regain lost citizenship and extend it to their children born or adopted abroad beyond the first generation, provided the parent meets the physical presence requirement.

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The bill is currently under legislative review and must pass three readings and receive royal assent to become law. The Ontario Superior Court of Justice has mandated that the federal government revise the existing legislation by November 20. Moreover, failure to comply may result in the court striking down or narrowing the contested FGL provisions.