Highlights: Canada Plans Major Citizenship Rule Overhaul, Allowing More Foreign-Born Children to Qualify
  • Canada is moving toward a significant update to its citizenship legislation, bringing long-awaited relief for thousands of Indian-origin families with children born overseas.
  • Bill C-3 has officially received royal assent, putting Canada on track to roll out the revised citizenship framework.
  • The reform eliminates the restrictive 2009 “second-generation cut-off” rule, broadening eligibility for foreign-born children of Canadian citizens.
  • Citizenship will be reinstated for individuals previously excluded-often referred to as “lost Canadians.”
  • A new “substantial connection requirement” will mandate 1,095 days of physical presence in Canada; full implementation is anticipated by January 2026.
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Canada’s New Citizenship Law: A Major Boost for Overseas-Born Children of Indian Families

Canada is now set to introduce one of the most significant citizenship reforms in more than a decade. This change offers meaningful relief to thousands of Indian-origin families worldwide. The government is eliminating the long-criticized second-generation cut-off, a rule that prevented many Canadian citizens born abroad from passing citizenship to their foreign-born children.

With Bill C-3 now approved, Canada is close to activating this new, more inclusive system. Once the federal government confirms the start date, the revised law will finally allow overseas-born children of Canadian citizens—including Indian families—to gain citizenship through a clearer and more predictable process.

As a result, the reform restores rights for families previously excluded and aligns Canada’s citizenship system with the needs of globally mobile households.

Why This Update Matters for Indian-Origin Families

For years, the second-generation cut-off created challenges for Indian-origin professionals who frequently moved across countries for education and career growth. This law often forced families to choose between career mobility and securing citizenship for their children.

Understanding the Second-Generation Cut-Off Rule

Introduced in 2009, this rule restricted Canadian citizens born outside Canada from automatically passing citizenship to their children if those children were also born abroad. Consequently, many families experienced unnecessary stress, including:
  • Relocating to Canada solely for childbirth
  • Going through complex immigration procedures for their own children
  • Facing lengthy legal disputes and confusion
  • Being classified as “lost Canadians” despite having legitimate ties to Canada
In December 2023, the Ontario Superior Court declared this rule unconstitutional. The government accepted the ruling and moved ahead with reforms.

Understanding the New ‘Substantial Connection Test’

As Canada removes the second-generation restriction, it has introduced a safeguard to preserve meaningful ties to the country.

What Does the Requirement Mean?

A Canadian citizen born abroad can pass citizenship to their foreign-born child if they can prove:
  • 1,095 cumulative days (3 years) of physical presence in Canada before the child’s birth or adoption.
This standard aligns with practices in countries like the USA, UK, and Australia. Importantly, the 1,095 days do not have to be consecutive.

Why This Benefits Indian-Origin Families

Many Indian professionals study, work, or build careers in Canada before moving abroad. Under the new rule, they have a clear and predictable pathway to pass citizenship to their children born overseas. Moreover, the test reduces confusion, speeds up processing, and minimizes legal disputes that Indian families often encountered.

Key Benefits for Indian-Origin Families

The upcoming changes bring several advantages for Indian-origin families living around the world:

  1. A simpler citizenship pathway for overseas-born children

Families living in the UAE, USA, UK, Singapore, or other countries will now find it easier to secure Canadian citizenship for their children.

  1. No need to return to Canada for childbirth

Earlier, parents felt pressured to fly back to Canada to secure citizenship. The new reform removes that burden entirely.

  1. Citizenship restored for previously excluded children

Individuals affected by the second-generation cut-off—known as “lost Canadians”-will now regain their rightful status.

  1. Clear and predictable rules for the future

The 1,095-day requirement helps families plan better, especially Indian professionals who frequently move for global opportunities.

  1. Greater stability and long-term benefits for children

Children gaining Canadian citizenship will enjoy access to healthcare, education, and future settlement options, making their long-term prospects more secure.

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