Canada's citizenship reform: Big relief for Indian-origin families

Canada on Friday moved a step closer to modernising its citizenship-by-descent rules after Parliament approved a Bill that could reshape the lives of thousands of Indian-origin families.

In a statement, the Canadian government said the approval of Bill C-3, which amends the Citizenship Act (2025), marked a key moment in its effort to make the law more inclusive while keeping the value of Canadian citizenship intact.

The government’s release noted, “Once the new law comes into force, Canadian citizenship will be provided to people born before the Bill comes into force, who would have been citizens if not for the first-generation limit or other outdated rules of past legislation.”

What is the first-generation limit?

The first-generation limit was introduced in 2009. It prevents a child born or adopted abroad from automatically receiving Canadian citizenship if their Canadian parent was also born or adopted outside the country.

This rule created difficulties for many Indian-origin Canadians who had children overseas. Several immigration advisers say the amendment is set to resolve most of these long-running problems.

“Now, if any Indian-born Canadian citizen is living in Canada, and if their children were born outside Canada, they would be automatically eligible for Canadian citizenship,” said Darshan Maharaja, a Canada-based immigration analyst, speaking to Business Standard.

He added, “Under Bill C-3, foreign-born Canadian citizens will be able to pass on Canadian citizenship to their foreign-born children, provided they can show a ‘substantial connection’ to Canada. According to some estimates, the number of such children is around 115,000.”

How will the new rules apply?

The government said the new law will also allow a Canadian parent born or adopted abroad to pass on citizenship to a child born or adopted abroad on or after the date the Bill comes into force, as long as the parent can show a substantial connection to Canada.

Canada’s Minister of Immigration, Refugees and Citizenship Lena Metlege Diab said, “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.”

Why was the law challenged earlier?

On December 19, 2023, the Ontario Superior Court of Justice ruled that key parts of the Citizenship Act linked to the first-generation limit were unconstitutional.

Ottawa did not challenge the ruling, saying it agreed that the law created unacceptable outcomes for children of Canadians born overseas.

“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,” said Don Chapman, Founder of the Lost Canadians.

What happens next?

The law will take effect on a date set by an order in council, which the government will announce separately. Until then, an interim measure remains available for those affected by the first-generation limit.