Canada moves closer to changing citizenship laws, easing path for overseas-born children

Canada is preparing for a major overhaul of its citizenship rules that could benefit thousands of Indian-origin families. Bill C-3, which amends the Citizenship Act, has received royal assent, signaling Ottawa’s intent to move quickly toward implementation. The law is not yet in effect and will come into force once the federal government announces the date.

End to the “second-generation cut-off”

The amendment resolves the long-debated “second-generation cut-off” — a rule that prevented Canadian citizens born abroad from automatically passing citizenship to their children if those children were also born overseas. This created a group often referred to as “lost Canadians,” who believed they were entitled to citizenship but were excluded under the existing law.

Immigration, Refugees and Citizenship Canada (IRCC) said the first-generation limit was introduced in 2009. It restricted citizenship by descent to children born or adopted outside Canada only if one parent was born or naturalised in Canada. In December 2023, the Ontario Superior Court ruled that this provision was unconstitutional. The federal government accepted the decision and did not appeal.

The Canadian Immigration Lawyers Association (CILA) strongly supported the reform. “The second-generation cut-off created an unfair, second-class citizenship for Canadians born abroad. It discriminated based on national origin and forced many women to relocate to Canada just to give birth. Bill C-3 finally removes this unconstitutional barrier,” the association stated in its submission to Parliament.

Restoring citizenship and defining connection

Bill C-3 reinstates citizenship to those who lost it due to the old restrictions. It also introduces a “substantial connection test,” allowing a Canadian parent born abroad to pass on citizenship if they have spent at least 1,095 cumulative days in Canada before their child’s birth or adoption. This benchmark aligns with citizenship practices in countries such as the United States, United Kingdom and Australia.

The law will come into effect once a cabinet order sets the date. A court has extended the implementation deadline to January 2026, giving IRCC time to prepare for the transition. Immigration lawyers expect a surge in citizenship applications once the process begins.

According to IRCC, the reform aims to make citizenship rules more inclusive while upholding the value of Canadian citizenship. Immigration Minister 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.” (The Economic Times)