Canada Plans to Remove First-Generation Restriction on Citizenship by Descent

Canada is poised to make a transformative change to its citizenship laws with the introduction of Bill C-3. This new legislation aims to extend citizenship by descent beyond the first generation, allowing more individuals born abroad to connect with their Canadian heritage.

Are you eager to discover your Canadian roots? This exciting new legislation could make citizenship more accessible for families around the world. Learn how Bill C-3 aims to redefine Canadian identity for generations to come.

Canada Set to Overhaul Citizenship by Descent Rules

Canada is preparing for a landmark change in its citizenship laws, offering hope to families with children born outside the country. The federal government has introduced Bill C-3, which seeks to expand citizenship by descent beyond the first generation. This move reflects modern Canadian values and the realities of families around the globe.

Why the Change Now?

For years, Canada’s first-generation limit prevented citizens born abroad from passing on their citizenship to their children born outside Canada. This policy, established in 2009, excluded thousands of Canadians from passing down their nationality. The government now views this restriction as outdated and unfair.

Minister of Immigration, Refugees and Citizenship, Lena Metlege Diab, emphasized the necessity of this change: “Being Canadian means more than just a place of birth; it’s about belonging, shared experiences, and our diverse community.”

Overview: Citizenship by Descent

Citizenship by descent allows individuals to inherit citizenship from a parent, even if born outside the country. Currently, this law applies only to first-generation Canadians born abroad, excluding second-generation children unless they were born or adopted in Canada.

What Will Bill C-3 Do?

If passed, Bill C-3 will introduce significant reforms:

• Automatically restore Canadian citizenship to individuals who would qualify today if not for the first-generation limit or older rules.
• Establish a new system allowing citizenship beyond the first generation, provided the Canadian parent spent at least 1,095 cumulative days (three years) in Canada before the child’s birth or adoption.
• This approach ensures a “substantial connection” to Canada while recognizing the global nature of modern Canadian families.

Who Could Benefit from the Change?

Bill C-3 could benefit a wide range of individuals, including:

• Those born abroad to Canadian citizens who were also born abroad
• Individuals adopted outside Canada by Canadian parents
• Those previously affected by section 8 of the Citizenship Act, which stripped citizenship at age 28
• Members of the “Lost Canadians,” denied citizenship due to outdated laws

In past reforms from 2009 and 2015, nearly 20,000 individuals gained or regained Canadian citizenship. Bill C-3 seeks to continue this progress.

Court Ruling Prompted Action

The push for this amendment follows a December 2023 ruling by the Ontario Superior Court of Justice. The court declared the existing first-generation limit unconstitutional, as it unfairly discriminates against children born abroad to Canadian parents. Instead of appealing, the Canadian government acknowledged the law’s flaws and committed to reform.

What Happens Next?

Bill C-3 must pass through both Houses of Parliament and receive Royal Assent to become law. If approved, the government promises a swift rollout and will publish clear eligibility instructions on its official Immigration, Refugees and Citizenship Canada (IRCC) website.

Final Thoughts

Canada’s decision to extend citizenship by descent is a significant step toward inclusivity. This change acknowledges that Canadian identity transcends geography and is rooted in shared values, diversity, and belonging.

If you or someone in your family could benefit from these changes, keep an eye on IRCC updates and prepare to apply once the new rules are established.