• Source:JND

Canada has officially passed Bill C-3, a landmark reform that promises to fix long-standing gaps in the country’s citizenship laws and bring relief to thousands of Indian-origin families whose children were born abroad. The bill, which restores citizenship rights to individuals previously excluded under outdated rules, also creates a new framework for passing citizenship to future generations living outside Canada.

Immigration Minister Lena Metlege Diab called the legislation a long overdue correction. “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,” she said.

The First-Generation Limit

The first-generation limit, implemented in 2009, restricted citizenship by descent only to children born or adopted outside Canada if at least one parent was born or naturalised in Canada. As a result, thousands of people, including many Indian-origin Canadians, were blocked from obtaining citizenship simply because their parents themselves were born abroad.

In December 2023, the Ontario Superior Court ruled this rule unconstitutional for discriminating against Canadians based on place of birth.

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What Bill C-3 Changes

Once the law formally comes into force, it will:

 - Restore citizenship to adults who would have been Canadian citizens if not for the first-generation limit or other outdated laws.

  - Grant citizenship automatically to people previously excluded under past legislative gaps.

 - Introduce a “substantial connection test” allowing Canadians born abroad to pass citizenship to their own foreign-born children if they can demonstrate meaningful ties to Canada.

The “substantial connection” is defined as 1,095 cumulative days (three years) of physical presence in Canada before the child’s birth or adoption, similar to requirements in the US, UK, and Australia. Immigration, Refugees and Citizenship Canada (IRCC) said these changes modernise citizenship rules to reflect today’s mobile families.

How Indian-Origin Families Benefit

Indian-origin Canadians, many of whom frequently live, study, or work across borders, were among the groups most affected by the first-generation cut-off. Bill C-3:

 - Allows them to pass on citizenship to children born abroad without being penalised for global mobility.

 - Restores citizenship to relatives who lost it under outdated laws.

 - Removes pressure on expectant mothers to return to Canada just to give birth.

 The Canadian Immigration Lawyers Association (CILA) praised the bill, calling the earlier rule “unconstitutional” and a source of “second-class citizenship.”

When Does The Law Take Effect?

Although Bill C-3 has passed, it is not yet in force. The Canadian government must issue an order in council announcing the official start date. A court has given IRCC until January 2026 to implement the law. Immigration lawyers expect a surge in applications once the reforms become operational.

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