Canada's New Citizenship Bill: What It Means For Indians, Those Born Abroad

The Canadian government has introduced a new bill, titled C-3, that removes the existing limit on citizenship by descent. The legislation was presented in the Parliament on Thursday by Immigration Minister Lena Metlege Diab.

Currently, the rule states that a Canadian citizen that was born outside Canada would not be able to pass on their citizenship to their child born abroad. Essentially, introduced in 2009, it restricted citizenship by descent to only the first generation born in Canada. The proposed “Citizenship Bill” aims to correct these injustices.

However, the parent should demonstrate a “substantial connection” to Canada. It is defined as at least 1,095 cumulative days (three years) of physical presence in the country before the child is born or adopted.

According to Immigration, Refugees and Citizenship Canada (IRCC), “As a result of the first-generation limit to citizenship by descent for individuals born abroad, most Canadian citizens who are citizens by descent cannot pass on citizenship to their child born or adopted outside Canada. 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.”

This bill is expected to benefit the Indian diaspora and other immigrant communities amid the Trump administration's tightening of immigration policies in the United States. On January 20th, Trump had ended birthright for children born in the US to parents on temporary visas such as H-1B and F-1.

Although the bill is currently under legislative review, it must pass three ratings and then receive royal assent to become law. 

The IRCC has confirmed that, “If the bill passes both Houses of Parliament and receives Royal Assent, we will work as quickly as possible to bring the changes into effect.”