Canada's citizenship overhaul with new Bill C-3: What it means for Indians

In a refreshed turn over of events, Canada is preparing to modernize its citizenship fabric, a displace that could offer long-awaited relief to thousands of Indian-origin families and other Canadians born overseas.

Canadians excluded under outdated rules will have a fair, clear way to pass citizenship on to their children born or adopted outside Canada, said a press release dated November 21.

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“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born before the bill comes into force, who would have been citizens if not for the first-generation limit or other outdated rules of past legislation…A Canadian parent born or adopted abroad will be able to pass citizenship on to their child born or adopted outside Canada on or after the date the bill comes into force, provided they have a substantial connection to Canada,” it stated.

In this regard, 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.”

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The key issue dates back to 2009, when Ottawa introduced the first-generation limit, a rule allowing citizenship by descent only if at least one parent was Canadian by birth or naturalisation. Children born abroad to Canadian parents who themselves were born abroad were excluded.

In December 2023, the Ontario Superior Court struck down this limit as unconstitutional. The federal government accepted the decision and opted not to contest it. The law had led to the emergence of so-called “lost Canadians”, individuals who assumed they were citizens but were legally shut out because of the restriction.

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Bill C-3 seeks to reinstate citizenship for everyone affected by these earlier rules. While reforms in 2009 and 2015 restored status for many, around 20,000 people successfully proved their citizenship, the first-generation limit introduced in 2009 created new exclusions. With the court ruling in December 2023 striking it down and the government accepting the verdict, Bill C-3 is expected to finally resolve the issue.

Bill C-3 also proposes a new “substantial connection” test, which would allow Canadians born overseas to pass citizenship to their children if they have lived in Canada for at least 1,095 days cumulatively before the child’s birth or adoption.

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