Canada is about to change its citizenship laws. Bill C-3, designed to achieve this goal, has now received Royal Assent. This means that the new law will come into force soon. The change will directly benefit thousands of Indian-origin families, as many children were previously unable to obtain citizenship. The decision came at a time when Prime Minister Narendra Modi and Canadian Prime Minister Mark Carney held bilateral meetings during the G20 summit.
In 2009, Canada introduced a ban on citizenship rules, known as the first-generation limit. According to this rule, if a Canadian citizen is born or adopted outside of Canada and their child is also born outside of Canada, that child will not acquire Canadian citizenship. Because of this, many Indian-origin parents living abroad for work or education were denied citizenship for their children, causing hardship to thousands of families.
After Bill C-3 came into effect, people who did not have citizenship could also become citizens if they were born before the law came into force. If a Canadian citizen is born or adopted abroad, they can pass citizenship to their child (even born abroad), but the condition is that the parents must have a significant relationship with Canada. This new rule is designed with modern families in mind, as people today live around the world for work or study.
On December 19, 2023, the Ontario Superior Court ruled that this first generation limit was unconstitutional. The court held that this rule was unfair to many children. The Canadian government did not appeal the decision, as it also acknowledged that the old law was hurting many families.
Canadian Immigration Minister Lena Matledge-Dybe said the new law would end past injustices, grant citizenship to those previously excluded and establish clear and simple rules for the future. The date of implementation of the law will be announced soon. Until then, an interim arrangement will continue for those denied citizenship due to the old limitation.
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