Ottawa: Canada has introduced major changes to its citizenship framework, opening the door for people born outside the country to claim Canadian citizenship under revised rules.
The new law, known as Bill C-3, came into effect on 15 December and removes long-standing restrictions that had excluded many individuals due to the “first-generation limit” in citizenship by descent.
Under the updated rules, people who were previously denied citizenship because they were born abroad to Canadian parents may now be automatically recognised as Canadian citizens. Eligible individuals can also apply for official proof of citizenship.
The reform is expected to benefit thousands of families worldwide, including a large number from the Indian diaspora, many of whom have been waiting for clarity on their citizenship status.
What has changed under the new rules?
The updated law allows Canadian citizens who were born or adopted outside Canada to pass on citizenship to their children born or adopted abroad. However, parents must meet a key requirement: they must have been physically present in Canada for at least three years (1,095 days) before the child’s birth or adoption.
This marks a significant shift in Canada’s approach to citizenship by descent, extending eligibility beyond the first generation born outside the country and modernising the legal framework.
Why was Bill C-3 introduced?
The changes follow years of legal and political pressure over the first-generation limit introduced in 2009. That rule prevented Canadian citizens who were themselves born or adopted abroad from passing citizenship to their children.
In December 2023, the Ontario Superior Court ruled that key parts of the restriction were unconstitutional. The federal government chose not to appeal the decision, acknowledging that the law had unfair consequences for Canadian families living abroad.
Bill C-3 was introduced earlier this year by the Minister of Immigration, Refugees and Citizenship Canada (IRCC) to address those concerns and bring the law in line with constitutional principles.
The government says the reform creates a fairer and more inclusive citizenship system while maintaining clear residency requirements.