Indian diaspora to benefit as Canada proposes expansion of citizenship by descent

In a significant move expected to benefit the Indian diaspora and other immigrant communities, the Canadian government has introduced a new bill to remove the existing limit on citizenship by descent.

 The legislation, titled Bill C-3, was presented in Parliament on Thursday by Immigration Minister Lena Metlege Diab, as per a report by Lubna Kably in the Times of India.

The current rule, introduced in 2009, restricts Canadian citizenship by descent to only the first generation born outside Canada. 

This means that a Canadian citizen who was themselves born outside Canada could not pass on their citizenship to a child born abroad.

 Similarly, they could not apply for direct citizenship for a child adopted overseas.

The proposed bill aims to change this. 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 .

As per Lubna’s report in TOI, the issue has drawn legal scrutiny in recent years. 

In January 2024, a Canadian court ruled the first-generation limit unconstitutional. 

The government chose not to appeal the ruling. 

Although similar legislation was proposed in March 2024 by then-Immigration Minister Marc Miller, it did not pass, prompting its reintroduction this week.

If passed, Bill C-3 would automatically grant citizenship to individuals who would have been eligible if not for the earlier restrictions.

 It also proposes a new system under which Canadian parents born abroad can pass on citizenship to their foreign-born children—provided the parent has lived in Canada for at least 1,095 days (or three years) before the child’s birth or adoption.

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.”

For many Indian-origin Canadians with children or adopted children born outside Canada, the bill—if passed—will mark a major shift in access to citizenship and legal status.

 Source: https://economictimes.indiatimes.com/nri/migrate/indian-diaspora-to-benefit-as-canada-proposes-expansion-of-citizenship-by-descent/articleshow/121689007.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst