Canada citizenship-by-descent rules explained; what this means for India-origin families

The Canadian government is set to make a major overhaul of its citizenship rules.

Bill C-3, an Act to amend Canada’s Citizenship Act (2025), was passed in the Senate last week and received royal assent, aiming to make the Citizenship Act more inclusive.

“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," said Canada’s Immigration Minister Lena Diab.

What will Bill C-3 do?

The bill will fix a massive problem, known as the “second-generation cut-off."

The Canadian government in 2009 had changed the law so that Canadians born abroad could only pass down their citizenship if their child was born in Canada, according to the Immigration, Refugees and Citizenship Canada (IRCC).

According to the current law, Canadians citizen born outside Canada cannot pass down the citizenship to their children if the children are also born outside Canada.

The paved the way to "Lost Canadians", the people who felt that they deserved citizenship but could not due to the laws.

The is set to change following a December 19, 2023 judgement from the Ontario Superior Court of Justice. It declared that key parts of the Citizenship Act relating to the first-generation limit to citizenship by descent were unconstitutional.

The ruling was not appealed by the Canadian government and it agreed that the law had unacceptable outcomes for Canadian children who were born outside the country.

How will it affect Indian-origin Canadians?

Indian-origin Canadians were among the most affected by the firs- generation limit as they often live, study, or work across borders. The bill comes as a major relief for Indian-origin Canadians born or adopted outside Canada.

According to the new bill, a Canadian parent born or adopted abroad will be able to pass citizenship on to their child born or adopted outside Canada, provided that they have a substantial connection to Canada, which means spending at least 1,095 days (3 years) in Canada before the birth or adoption.

Further, it restores citizenship to relatives previously excluded under old laws.

It also removes pressure on expectant parents to return to Canada solely to give birth.

The law, however, awaits a cabinet order for the implementation date, but a court has already extended the deadline to January 2026.