Canada is undergoing a significant overhaul of its citizenship laws with Bill C-3, legislation poised to have a notably positive impact on Indian-origin families. The bill, which has received royal assent, addresses long-standing issues within the Citizenship Act and aims to create a fairer and more inclusive path to citizenship. While the law is not yet in effect, it signals the government's intent to move quickly toward implementation. A court has extended the deadline for the law to come into force to January 2026, allowing Immigration, Refugees and Citizenship Canada (IRCC) time to prepare for the transition.

Ending the "Second-Generation Cut-Off"

A key feature of Bill C-3 is the elimination of the "second-generation cut-off" rule. Previously, Canadian citizens born abroad were unable to automatically pass on citizenship to their children if those children were also born outside of Canada. This rule, introduced in 2009, led to the creation of "lost Canadians" – individuals who believed they were entitled to citizenship but were excluded under the existing law. In December 2023, the Ontario Superior Court ruled this provision unconstitutional, a decision the federal government accepted. The Canadian Immigration Lawyers Association (CILA) strongly supported the reform, stating that the "second-generation cut-off" created an unfair, second-class citizenship for Canadians born abroad.

The "Substantial Connection Test"

Going forward, Bill C-3 introduces a "substantial connection test". This test allows a Canadian parent born abroad to pass on citizenship to their children born outside Canada if they can demonstrate a meaningful connection to Canada. This connection is defined as having been physically present in Canada for at least 1,095 cumulative days (three years) before the child's birth or adoption. Immigration Minister Lena Metlege Diab stated that Bill C-3 will fix long-standing issues in citizenship laws and bring fairness to families with children born or adopted abroad.

Impact on Indian Families

Bill C-3 is expected to benefit thousands of Indian-origin families. Many Indian families residing outside Canada will find it easier to pass on citizenship to their children, ensuring future generations can maintain a connection with Canada. For Canadian parents born abroad, particularly those of Indian origin, the new law offers a pathway to secure citizenship for their children born overseas, provided they meet the "substantial connection test".

Preparing for the Changes

Immigration lawyers anticipate a surge in citizenship applications once the law comes into effect. Individuals who believe they may be impacted by the changes can apply for proof of Canadian citizenship under new interim measures introduced by the government. To prepare for Bill C-3, Indian-origin families should understand the eligibility requirements, review their residency history in Canada, and gather supporting documents such as birth certificates, adoption papers, and proof of Canadian citizenship. Staying informed about the bill's progress and seeking professional support from immigration experts can also help families navigate the application process.

Bill C-3 represents a significant step towards a more inclusive and equitable citizenship framework in Canada, with potentially transformative benefits for Indian families worldwide.