What's Happening?
Canada is set to revise its citizenship rules, potentially benefiting thousands of Indian-origin families and other Canadians born abroad. The changes, introduced through Bill C-3, aim to address long-standing issues in citizenship laws by restoring citizenship to those
previously excluded and establishing a 'substantial connection test.' This test allows Canadian parents born abroad to pass citizenship to their children if they have spent at least 1,095 cumulative days in Canada before the child's birth or adoption. The reform follows a 2023 Ontario Superior Court ruling that deemed the first-generation limit unconstitutional, a decision accepted by the federal government.
Why It's Important?
The revision of Canada's citizenship laws is significant as it addresses the concerns of 'lost Canadians,' individuals who believed they were entitled to citizenship but were excluded under previous laws. By aligning the substantial connection test with practices in countries like the United States and Australia, Canada is modernizing its approach to citizenship by descent. This change is expected to lead to a surge in citizenship applications, particularly from Indian-origin families who have been affected by the previous restrictions. The reform reflects Canada's commitment to fairness and inclusivity in its immigration policies.
What's Next?
The implementation of Bill C-3 is set for January 2026, allowing Immigration, Refugees and Citizenship Canada (IRCC) time to prepare for the anticipated increase in citizenship applications. The Canadian Immigration Lawyers Association has welcomed the reform, and immigration lawyers expect a significant uptick in applications once the process begins. The changes will provide clarity and fairness to families with children born or adopted abroad, strengthening Canadian citizenship and addressing historical injustices.
