Canada’s New Citizenship Bill

The Canadian government has introduced a new bill, titled C-3 that removes the existing limit on citizenship by descent. This will benefit the Indian Diaspora

Canada’s Citizenship Act contains a first-generation limit to citizenship by descent for individuals born abroad, which generally means that a Canadian citizen parent can only pass on citizenship to a child born outside Canada if the parent was either born or naturalized in Canada before the birth of the child. Canadians born or naturalized in Canada before adopting a child abroad can apply for a direct grant of citizenship for the adopted child.

As a result of the first-generation limit, in general, Canadian citizens who were born outside Canada and obtained their citizenship through descent cannot pass on citizenship to their child born outside Canada, and cannot apply for a direct grant of citizenship for a child adopted outside Canada.

On December 19, 2023, the Ontario Superior Court of Justice declared that key provisions of the first-generation limit for those born abroad are unconstitutional. The Government of Canada did not appeal the ruling because we agree that the current law has unacceptable consequences for Canadians whose children were born outside the country.

The legislation that has been introduced last week in Canadian parliament makes the citizenship process as fair and transparent as possible.

Bill C-3 would

• automatically remedy the status of any person who would be a citizen today were it not for the first-generation limit or certain outdated provisions of former citizenship legislation

• establish a new framework for citizenship by descent going forward that would allow for access to citizenship beyond the first generation based on a Canadian parent’s substantial connection to Canada.

An interim measure will continue to be available for those affected by the first-generation limit while both Houses of Parliament consider amendments to the Citizenship Act. More information about the interim measure is available on IRCC’s web site (for Immigration, Refugees, Canadian Citizen Services).

Substantial connection test

Bill C-3 would allow a Canadian parent born abroad who has a substantial connection to Canada to pass on citizenship to their child born abroad beyond the first generation. It would also provide them with access to the direct grant of citizenship for their child adopted abroad beyond the first generation.

To demonstrate a substantial connection to Canada, a Canadian parent who was born abroad would need to have a cumulative 1,095 days (i.e., three years) of physical presence in Canada before the birth or adoption of the child.

Lost Canadians

The term “Lost Canadians” has generally been used to describe those who lost or never acquired citizenship due to certain outdated provisions of former citizenship legislation.

Most cases were remedied by changes to the law in 2009 and 2015. These changes allowed people to gain Canadian citizenship or get back the citizenship they lost. Despite this, additional amendments are needed to include other categories of “Lost Canadians” and their descendants who did not benefit from the 2009 and 2015 changes.

Bill C-3 will restore citizenship to remaining “Lost Canadians,” their descendants and anyone who was born abroad to a Canadian parent in the second or subsequent generations before the legislation comes into force. This includes people who lost their citizenship as a result of requirements under the former section 8 of the Citizenship Act.

This bill is expected to benefit the Indian diaspora and other immigrant communities amid the Trump administration’s tightening of immigration policies in the United States. On January 20th, Trump had ended birth right for children born in the US to parents on temporary visas such as H-1B and F-1.

This bill is expected to benefit the Indian diaspora and other immigrants in Canada as the C-3 bill will “allow a Canadian parent born abroad who has a substantial connection to Canada to pass on citizenship to their child born abroad beyond the first generation.”

“It would also provide them with access to the direct grant of citizenship for their child adopted abroad beyond the first generation,” IRCC added further.

Which means, a persons born in India to Canadian citizens or ancestors will now be eligible for Canadian citizenship based on the C-3 bill.

The C-3 bill is currently under legislative review and needed to be passed by both houses of Parliament to become a law.

“If the bill passes both Houses of Parliament and receives Royal Assent, we will work as quickly as possible to bring the changes into effect,” said IRCC in its official statement.

In the Canadian parliament, a bill must pass three readings before the two Houses cast their vote. After the houses cast their votes, the bill is then passed to the Governor General for Royal Assent.