Canada Expands Citizenship by Descent: Indian Diaspora and Global Canadians Set to Benefit

The federal government has introduced Bill C-3, a proposal aimed at removing the first-generation limit on citizenship by descent. If passed, this reform would allow Canadian citizens born abroad to pass their citizenship to children born or adopted outside the country, provided they can prove a “substantial connection” to Canada.

The legislation was tabled in the House of Commons on Thursday by Immigration Minister Lena Metlege Diab. Currently, the Citizenship Act bars second-generation Canadians born abroad from passing their citizenship to their children if those children are also born outside Canada, a policy widely criticized for excluding children of Canadians with deep ties to the country.

“Canada’s citizenship laws should reflect the realities of how families live and move today,” Minister Diab said during the bill’s presentation.

Under the proposed law, a Canadian parent would need to demonstrate at least 1,095 cumulative days, roughly three years, of physical presence in Canada before the birth or adoption of their child. This threshold is being positioned as a reasonable measure to ensure genuine ties to the country while expanding the scope of citizenship rights.

Immigration, Refugees and Citizenship Canada (IRCC) explained, “The first-generation limit to citizenship by descent no longer reflects how Canadian families live today, here at home and around the world, and the values that define our country.”

This marks a reversal of the 2009 legislative amendment that introduced the current first-generation cap, a move initially designed to restrict so-called “citizenship of convenience.”

The changes are expected to resonate strongly with Canada’s growing diaspora communities, particularly South Asians. As of the 2021 Census, more than 2.3 million Canadians identify as South Asian, many of whom maintain family and business connections that span continents.

The Indian diaspora, in particular, stands to benefit. With increasingly restrictive immigration policies in the U.S., including the rollback of birthright protections under the Trump administration for children of H-1B and F-1 visa holders, Canada’s move offers an alternative path for transnational families to retain citizenship continuity.

For Bill C-3 to become law, it must undergo three readings in Parliament, followed by approval in the Senate and Royal Assent. While the timeline remains uncertain, IRCC has said it is ready to implement the changes swiftly once the bill clears all legislative hurdles.

“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,” the agency said in a public statement.