Indian diaspora to benefit as Canada proposes expansion of citizenship by descent
The current rule, introduced in 2009, restricts Canadian citizenship by descent to only the first generation born outside Canada. This means that a Canadian citizen who was themselves born outside
Canada
could not pass on their citizenship to a child born abroad. Similarly, they could not apply for direct citizenship for a child adopted overseas.
The proposed bill aims to change this. According to Immigration, Refugees and Citizenship Canada (
IRCC
), 'As a result of the first-generation limit to citizenship by descent for individuals born abroad, most Canadian citizens who are citizens by descent cannot pass on citizenship to their child born or adopted outside Canada. The current first-generation limit to citizenship no longer reflects how Canadian families live today—here at home and around the world—and the values that define our country.'
by Taboola
by Taboola
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As per Lubna's report in TOI, the issue has drawn legal scrutiny in recent years. In January 2024, a Canadian court ruled the first-generation limit unconstitutional. The government chose not to appeal the ruling. Although similar legislation was proposed in March 2024 by then-Immigration Minister Marc Miller, it did not pass, prompting its reintroduction this week.
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If passed, Bill C-3 would automatically grant citizenship to individuals who would have been eligible if not for the earlier restrictions. It also proposes a new system under which Canadian parents born abroad can pass on citizenship to their foreign-born children—provided the parent has lived in Canada for at least 1,095 days (or three years) before the child's birth or adoption.
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Ken Nickel-Lane, managing director of an immigration services firm, said to The Times of India, 'While Bill C-3 certainly addresses and rectifies a fault, or faults in the current Citizenship Act which certainly is warranted and just, it may face challenges given current public opinion towards immigration.' He added that the bill might put pressure on immigration quotas, potentially affecting temporary foreign workers critical to infrastructure and housing development.
The IRCC has confirmed that, '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.'
For many Indian-origin Canadians with children or adopted children born outside Canada, the bill—if passed—will mark a major shift in access to citizenship and legal status.
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