Canada is moving ahead with major reforms to its citizenship laws, a change expected to benefit thousands of Indian-origin families and other Canadians born abroad. The federal government has introduced Bill C-3, aimed at correcting long-standing gaps in citizenship eligibility and restoring fairness for people historically left out of the system.
“Fairness for Modern Families,” Says Minister
Immigration Minister Lena Metlege Diab said the legislation will address issues that have persisted for decades.
“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,” she said, adding that the reforms will strengthen and modernise Canadian citizenship.
The Problem: The 2009 First-Generation Limit
The root of the issue lies in the first-generation limit, introduced in 2009. Under this rule, children born or adopted outside Canada could only obtain citizenship if at least one parent was either:
- born in Canada, or
- naturalised in Canada.
This meant Canadians born abroad—often students, expats, diplomats, or immigrants’ children—could not automatically pass citizenship to their own children born overseas. Many fell into a category informally known as “lost Canadians”, believing they were entitled to citizenship but excluded by law.
In December 2023, the Ontario Superior Court ruled this limit unconstitutional. The federal government accepted the decision and chose not to appeal.
Bill C-3: What Changes Now?
The new legislation will:
1. Restore citizenship
People who lost or were denied citizenship because of earlier rules will have it reinstated.
2. Introduce a “Substantial Connection Test”
Canadian parents born abroad can pass on citizenship if they have spent 1,095 cumulative days (three years) in Canada before the child’s birth or adoption.
This aligns Canadian policy with countries like the US, UK, and Australia.
3. Create clear, future-proof rules
The aim is to ensure predictable, fair citizenship rights for modern, globally mobile families.
Implementation by January 2026
A court has extended the deadline for full implementation to January 2026, giving IRCC time to prepare operational systems. Immigration lawyers expect a surge in citizenship applications once the updated process opens.
The Canadian Immigration Lawyers Association (CILA) has welcomed the reforms, calling them long overdue.
With this step, Canada moves closer to closing the chapter on its “lost Canadians,” ensuring that future generations born abroad do not fall through the cracks of outdated citizenship laws.
