Canada Citizenship Bill addresses ‘Lost Canadians' and First Generation Limit'; check features and eligibility

Time of India

16 hours ago

The
Canadian government
introduced Bill C-3, or the Citizenship Bill, on June 5, 2025, to amend the existing
Citizenship Act
and address the issue of "
Lost Canadians
." The term refers to individuals who lost or were denied citizenship due to the "First-Generation Limit" (FGL) introduced in 2009. The
FGL
restricts citizenship by descent to only the first generation born abroad, preventing Canadian citizens born outside
Canada
from passing citizenship to their children also born abroad.
Bill C-3 seeks to automatically grant citizenship to those who would have been citizens if not for the FGL or other outdated provisions in former citizenship laws.
This includes individuals affected by the repealed section 8 of the Citizenship Act, which required certain individuals born abroad between February 15, 1977, and April 16, 1981, to apply to retain their citizenship before turning 28.
The proposed legislation also introduces a new framework for citizenship by descent. Going forward, children born or adopted outside Canada beyond the first generation would be eligible for citizenship if at least one parent demonstrates a substantial connection to Canada.
This is defined as having spent at least 1,095 cumulative days (three years) physically present in Canada before the child's birth or adoption.
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The introduction of Bill C-3 follows a December 2023 ruling by the Ontario Superior Court of Justice, which declared the FGL unconstitutional for creating a second class of citizens and violating mobility rights.
The federal government agreed with the ruling and chose not to appeal, acknowledging the law's unacceptable consequences for Canadians whose children were born outside the country.
If passed, Bill C-3 would restore citizenship to those who lost it due to the FGL and allow Canadian citizens by descent to pass on their citizenship to their children born abroad, provided they meet the substantial connection requirement. The bill must undergo three readings and receive royal assent before becoming law.
The court has set a November 20, 2025, deadline for the government to amend the legislation, after which the court may strike down or read down the offending portions of the existing law.
FAQs
What are the new rules for citizenship in Canada?
The new Bill C-3 will restore citizenship to those affected by the first-generation limit (FGL) for citizenship by descent. It will allow Canadian citizens by descent to pass citizenship to their children if they have a substantial connection to Canada, as per the test.
What are the general requirements to become a Canadian citizen?
The general citizenship requirements remain: permanent residency, 1,095 days of stay in Canada within the last 5 years, language proficiency, passing a citizenship test, and filing taxes for three years if required.
How long can you stay out of Canada if you are a citizen?
Canadian citizens can be absent from Canada without losing their citizenship. However, prolonged absence may affect provincial health coverage and tax status. Some provinces allow up to 212 days (7 months) of absence while maintaining health coverage. Citizenship itself is not lost due to a lack.
What is the 28-year rule in Canada?
The 28-year rule applies to second-generation Canadians born abroad to Canadian parents who were also born abroad. Under the 1977 Citizenship Act, such individuals lose Canadian citizenship at age 28 unless they apply to retain it before that age, demonstrating residency in Canada or a substantial connection to Canada.
How many days do we have to stay in Canada after PR for citizenship?
Permanent residents must physically reside in Canada for at least 1,095 days (3 years) within the 5 years before applying for citizenship. This residency requirement must be met before submitting the citizenship application.
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