Canada: Bill C-3 to Expand Citizenship by Descent, Welcomed by Indian Diaspora

Canada: In a landmark move welcomed across the globe, particularly by members of the Indian diaspora, Canada’s Immigration Minister Lena Metlege Diab introduced a transformative piece of legislation on Thursday night—Bill C-3—which seeks to extend Canadian citizenship by descent beyond the first generation.

This pivotal amendment is not only an administrative overhaul but a reflection of modern Canadian values and the global nature of Canadian families today. The current law, rooted in the 2009 amendment to the Citizenship Act, imposed a first-generation limit, meaning that a Canadian citizen could only pass on their citizenship to a child born outside Canada if the parent was either born in Canada or naturalised before the child’s birth.

This clause effectively barred grandchildren of Canadian citizens, if born abroad, from automatically acquiring citizenship, even when their familial and cultural ties to Canada remained strong. The implications of this limit have long been felt by immigrant families, particularly among global communities such as Indians, who maintain strong links with their homeland while embracing Canadian citizenship.

Canada: Fixing a Flawed Framework

“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,” the Immigration, Refugees and Citizenship Canada (IRCC) said in a statement.

Bill C-3 aims to rectify this by automatically granting Canadian citizenship by descent to individuals who would currently be citizens if not for the first-generation limit or antiquated clauses in earlier versions of the law. It also outlines a forward-looking framework: Canadian parents who have spent a minimum of 1,095 days—approximately three years—physically present in Canada before the birth or adoption of their child abroad will be eligible to pass on citizenship.

This redefinition of eligibility responds directly to a court ruling in 2023, which declared the first-generation limit unconstitutional. The government, notably, chose not to appeal the decision. While Marc Miller, then immigration minister, had introduced a similar bill in March 2024, it failed to pass before parliamentary sessions ended, prompting its reintroduction by Diab this year.

Impacts on the Indian Diaspora and Beyond

For many in the Indian diaspora, this legislative development has struck a deeply emotional chord. Families long caught in the legal limbo of generational limitations now find renewed hope for inclusion. One such example is the illustrative case of Mrs. A, who, after becoming a Canadian citizen, returned to India and gave birth to her child ‘B’. While B inherited Canadian citizenship, her own child ‘C’ was not eligible due to the existing limitation. Bill C-3 now offers a path for ‘C’ and countless others.

Ken Nickel-Lane, managing director of a Canadian immigration consultancy, praised the bill’s intent but offered a measured caution. “While Bill C-3 certainly addresses and rectifies a fault, or faults, in the current Citizenship Act, which is certainly warranted and just, it may face challenges given current public opinion towards immigration.” He further noted that the bill could potentially affect allocations meant for temporary foreign workers—an essential labour force for Canada’s infrastructure and housing sectors.

Canada: What Lies Ahead

“If the bill passes both Houses of Parliament and receives Royal Assent, we will work as quickly as possible to bring these changes into effect,” IRCC confirmed. While the legislative journey is far from over, the introduction of Bill C-3 represents a significant leap forward in modernising Canada’s approach to nationality and identity.

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