Canada's Citizenship Reform: How New Descent Rules Will Benefit Indian-Origin Families

Canada is preparing to update its citizenship regulations, a move that could significantly benefit numerous Indian-origin families and other Canadians who were born outside the country.

Immigration Minister Lena Metlege Diab stated, "Bill C-3 will address long-standing issues in our citizenship laws and bring equity to families with children born or adopted abroad. It will grant citizenship to individuals who were previously excluded by former legislation, and establish clear guidelines for the future that reflect contemporary family structures. These amendments will enhance and safeguard Canadian citizenship."

According to Immigration, Refugees and Citizenship Canada (IRCC), the first-generation limit implemented in 2009 limited citizenship by descent exclusively to children born or adopted outside Canada if at least one parent was born or naturalized in Canada. In December 2023, this provision was deemed unconstitutional by the Ontario Superior Court. The federal government accepted this ruling and declined to appeal.

This restriction had created a category often known as "lost Canadians," individuals who believed they were entitled to citizenship but found themselves excluded under previous legal frameworks.

Bill C-3 restores citizenship to those affected by previous restrictions and introduces a "substantial connection test." Under this new provision, Canadian parents born abroad can transmit citizenship to their children if they have accumulated at least 1,095 days in Canada prior to the child's birth or adoption. This requirement aligns with citizenship practices in nations such as the United States, United Kingdom, and Australia.

A court has extended the implementation deadline to January 2026, providing IRCC sufficient time for preparation. Immigration legal experts anticipate a significant increase in citizenship applications once the process commences.

The Canadian Immigration Lawyers Association (CILA) has expressed support for this reform.

The Canadian Citizenship Act of 1947 contained provisions that resulted in many individuals losing or failing to obtain citizenship. Legislative changes in 2009 and 2015 restored citizenship for most affected people, with approximately 20,000 individuals successfully establishing their status. The 2009 regulation also stipulated that children born abroad couldn't automatically receive citizenship if their Canadian parent was also born outside Canada. In 2023, a court declared this rule unconstitutional, and the government accepted this decision.