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Canada Advances Major Reform to Citizenship-by-Descent Rules, Offering Relief to Thousands of Indian-Origin Families

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Ottawa: Canada has taken a significant step toward overhauling its citizenship-by-descent rules after Bill C-3, aimed at amending the Citizenship Act, received royal assent. The move is expected to benefit thousands of Indian-origin families who were previously restricted by the first-generation limit introduced in 2009.

In a statement, the Canadian government said the approval of Bill C-3 marks a key milestone in making the Citizenship Act more inclusive while preserving the integrity of Canadian citizenship. Once the law officially comes into force, people born before that date—who would have been citizens if not for outdated provisions—will finally become eligible for citizenship.

The current first-generation limit prevents children born abroad from obtaining Canadian citizenship if their Canadian parent was also born or adopted outside the country. This restriction has long been a hurdle for many Indian-origin Canadians whose children were born overseas.

Under the amended law, Canadian parents born or adopted outside Canada will be able to pass on their citizenship to children born or adopted abroad after the Act takes effect, provided they maintain a substantial connection to Canada.

Immigration Minister Lena Metlege Diab said the legislation resolves long-standing inequities. “Bill C-3 will fix issues in our citizenship laws and bring fairness to families with children born or adopted abroad. These changes will provide citizenship to people excluded in the past and establish clear, modern rules for the future,” she said.

The reform follows a December 2023 ruling by the Ontario Superior Court of Justice, which found key parts of the Citizenship Act unconstitutional due to discriminatory outcomes. The federal government chose not to appeal, agreeing that the law produced unfair consequences for Canadians living abroad.

Don Chapman, founder of the Lost Canadians advocacy group, welcomed the development, saying the updated rules better reflect the global mobility of today’s Canadian families.

The government will announce the official implementation date through an order in council. Until then, interim measures remain in place for those affected by the first-generation limit.

All news on Encounter News is computer-generated and sourced from third parties. Please read and verify carefully. We will not be responsible for any issues. 

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