Canada has formally overhauled its citizenship-by-descent framework, ending years of legal uncertainty and opening the door for thousands of people living overseas to be recognised as Canadian citizens. With Bill C-3 now in force, the reforms redefine who qualifies for citizenship and how ties to Canada are established—changes expected to have a significant impact on globally mobile communities, including families of Indian origin.
The federal government said the amendments are designed to make citizenship law “fair, clear and reflective of how Canadian families live today, both in and outside Canada.” The legislation, officially titled An Act to Amend the Citizenship Act (2025), came into effect on Monday and follows court rulings that found key provisions of the previous law unconstitutional.
Who becomes a citizen now?
Under the new law, individuals born before December 15, 2025, who would have been Canadian citizens but were excluded due to the first-generation limit or other legacy restrictions, are now legally recognised as citizens.
Crucially, those covered by this change can apply for proof of citizenship without submitting a new citizenship application, reducing administrative hurdles for affected individuals and families.
What changes going forward
The amendments also establish a new, forward-looking pathway for citizenship by descent. Canadian parents who were themselves born or adopted outside Canada may now pass citizenship to children born or adopted abroad—provided they can demonstrate a “substantial connection” to Canada.
This connection is defined as at least three years of physical residence in Canada before the child’s birth or adoption. According to the government, the requirement strikes a balance between fairness to families living abroad and the principle that citizenship should be rooted in genuine ties to the country.
Legal background
Canada’s first Citizenship Act of 1947 included provisions that caused many individuals to lose or never acquire citizenship. Amendments in 2009 and 2015 restored citizenship to most of these so-called “Lost Canadians,” prompting around 20,000 people to seek proof of citizenship.
However, the first-generation limit remained in place until December 2023, when the Ontario Superior Court of Justice ruled that key sections of the Citizenship Act were unconstitutional. The federal government chose not to appeal, acknowledging that the law had produced “unacceptable outcomes for children of Canadians born outside the country.”
Why this matters for Indians abroad
India is one of Canada’s largest source countries for migrants, students and skilled professionals. Thousands of Canadians of Indian origin live and raise families outside Canada, including in India itself.
For these families, the revised rules could be transformative. Children born abroad who were previously excluded under the first-generation limit may now qualify for citizenship—particularly where parents can demonstrate meaningful ties to Canada through residence, employment, education or long-term settlement.
Those born before the December 15, 2025 cut-off may also now be formally recognised as citizens and obtain official documentation.
What applicants should know
With the amended law now in effect, Immigration, Refugees and Citizenship Canada (IRCC) will process citizenship certificate applications under the new framework. Applicants who filed requests under interim measures do not need to reapply.
The government has advised individuals seeking clarity to consult the Citizenship section of IRCC’s official website, where additional operational guidance is expected.
