The Canadian government has announced a significant change to its citizenship laws aimed at benefiting Indian-origin families. The new legislation will abolish the controversial “second-generation cut-off” rule, allowing Canadian citizens born abroad to pass citizenship to their children born overseas. This change comes as part of Bill C-3, an Act amending the Citizenship Act, which received royal assent recently.
Overview of Bill C-3 and Its Implications
Bill C-3 marks a pivotal step towards enhancing inclusivity in Canada’s citizenship framework. The government emphasized that the amendment offers a fair pathway for individuals historically excluded from citizenship rights due to outdated statutes.
- Key Features of Bill C-3:
- Abolishes the second-generation cut-off rule.
- Allows individuals born before the bill’s enactment to apply for citizenship.
- Enables Canadian parents born abroad to confer citizenship on their children.
Who Qualifies for Canadian Citizenship Under the New Law?
Once implemented, the law will allow individuals who would have qualified for Canadian citizenship, except for previous restrictions, to apply for citizenship. This includes:
- Individuals impacted by the second-generation limit.
- Children born or adopted outside Canada by Canadian citizens with substantial connections to Canada.
Implementation Timeline
The government plans to announce the official date for the new law’s implementation through an order in council. Until then, interim measures will support those previously affected by the first-generation limit.
Background on the Previous Citizenship Law
The previous citizenship rule, effective since 2009, prevented children from inheriting Canadian citizenship if their Canadian parent was also born abroad. This restriction particularly disadvantaged many Indian-origin Canadians. In December 2023, the Ontario Superior Court deemed this limitation unconstitutional. The federal government acknowledged these legal shortcomings and refrained from appealing the ruling.
According to Lena Metlege Diab, Canada’s Minister of Immigration, Refugees and Citizenship, these changes represent a crucial advancement in ensuring fairness for families with members born outside Canada. Don Chapman, founder of Lost Canadians, praised the move for making citizenship access fairer and more aligned with modern realities.
