Canada is preparing to overhaul its citizenship-by-descent rules, bringing long-awaited relief to thousands of Indian-origin families affected by the restrictive “first-generation limit.” The change comes as Bill C-3 — An Act to amend the Citizenship Act (2025) received royal assent last week, marking a major shift in how citizenship is passed to children born abroad.
The federal government says the reform will modernize an outdated system and make Canadian citizenship law more fair and inclusive, while still ensuring meaningful ties to Canada.
Who Will Now Qualify for Citizenship?
Under Bill C-3, once the law officially comes into force:
- Anyone born before the new rules take effect who would have been a Canadian citizen—if not for the first-generation limit or old legislation—will automatically be granted Canadian citizenship.
- Canadian citizens who were themselves born or adopted abroad will once again be allowed to pass on citizenship to their children born outside Canada, provided they can show a “substantial connection to Canada.”
The government says this approach “supports fairness for families” while ensuring that citizenship by descent continues to be tied to real, demonstrated links to the country.
When Will the New Law Take Effect?
Bill C-3 will come into force on a date chosen by the federal cabinet. The government says this date will be announced publicly.
Until then, interim measures remain in place to help individuals negatively impacted by the first-generation limit.
Why Was the Law Changed?
Canada introduced the first-generation limit in 2009. It prevented Canadians born abroad from passing citizenship to their own children if those children were also born outside Canada.
This created serious challenges for internationally mobile families — including many Indian-origin Canadians — whose children ended up stateless or without citizenship rights in the country their parents considered home.
In December 2023, the Ontario Superior Court ruled that key parts of the limit were unconstitutional. The federal government did not appeal, acknowledging that the law created unfair and unacceptable outcomes.
What the Government Says
Immigration Minister Lena Metlege Diab said the new law will “fix long-standing issues,” restore fairness, and set clear rules for modern, globally mobile Canadian families.
“It will provide citizenship to people who were excluded by previous laws, and strengthen and protect Canadian citizenship,” she said.
Advocates, including Don Chapman of the Lost Canadians group, welcomed the change, calling it “more fair and reasonable” for families who have spent years fighting the restrictive policy.