Canada Reforms Citizenship-by-Descent Laws: New Benefits for Indian-Origin Families and Global Citizens

The Canadian government is implementing significant changes to its citizenship-by-descent laws, with plans to eliminate the restrictive "second-generation cut-off" rule that was established in 2009. This rule previously prevented Canadian citizens born outside Canada from transferring citizenship to their children who were also born abroad. Bill C-3, an Act to amend the Citizenship Act (2025), recently received royal assent, bringing welcome relief to thousands of families of Indian origin.

This legislative update marks a crucial step toward making the Citizenship Act more inclusive while preserving the inherent value of Canadian citizenship. The government has stated that "Canadians excluded under outdated rules will have a fair, clear way to pass citizenship on to their children born or adopted outside Canada."

Under the new eligibility criteria, individuals born before the bill's enactment who would have qualified as citizens if not for the first-generation limit or other outdated provisions will be granted Canadian citizenship. Additionally, the revised law will permit a Canadian parent born or adopted abroad to confer citizenship to their child born or adopted outside Canada on or after the implementation date, provided they maintain substantial connections to Canada.

The government emphasized that "This approach supports fairness for families while reinforcing the principle that real, demonstrated ties to Canada guide citizenship by descent."

Regarding implementation, the government has announced that the bill will take effect on a date determined by order in council, which will be publicly communicated. Until then, interim measures remain in place for those affected by the first-generation limit.

Lena Metlege Diab, Canada's Minister of Immigration, Refugees and Citizenship, stated: "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."

The first-generation limit to Canadian citizenship by descent, introduced in 2009, stipulated that a child born or adopted outside Canada could not obtain Canadian citizenship by descent if their Canadian parent was also born or adopted outside Canada. This restriction created significant challenges for many Canadian families of Indian origin whose children were born overseas.

On December 19, 2023, the Ontario Superior Court of Justice declared key sections of the Citizenship Act relating to the first-generation limit unconstitutional. The Canadian government chose not to appeal this ruling, acknowledging that the law had produced unacceptable outcomes for children of Canadians born outside the country.

Don Chapman, founder of the Lost Canadians, told PTI news agency: "By updating the Citizenship Act to reflect the global mobility of modern Canadian families, the federal government has made access to citizenship more fair and reasonable."