The government of Canada has tabled Bill C-3, a new bill that would enable more Canadians to transmit their citizenship to children born overseas. The bill was tabled in Parliament on Thursday by Immigration Minister Lena Metlege Diab, describing it as a step to bring Canada’s laws on citizenship into line with today’s reality.
Bill Seeks to End First-Generation Citizenship Restriction
Under existing Canadian law, foreign-born Canadians are not allowed to transfer their citizenship to children born abroad. The restriction, enacted in 2009, confines citizenship by descent to the first generation only. Bill C-3 would overturn that rule, rectifying what the government refers to as outmoded and unfair policies.
But the bill adds an important requirement to this. Parents seeking to pass on citizenship to children born or adopted abroad need to demonstrate a “substantial connection” to Canada. This implies a minimum of 1,095 cumulative days (three years) of physical presence in Canada before the child’s birth or adoption.
IRCC: Rule No Longer Reflects Modern Canadian Families
In a statement, Immigration, Refugees and Citizenship Canada (IRCC) clarified the purpose of the new legislation. Due to the first-generation restriction on citizenship by descent for parents born abroad, most Canadian citizens who are citizens by descent cannot transmit citizenship to their child, adopted or born overseas. The present first-generation restriction on citizenship no longer corresponds with the way Canadian families live today—here at home and overseas—and the values that are characteristic of our country.”
Potential Impact on Indian and Global Diaspora
If enacted, Bill C-3 would be advantageous to thousands, such as Indian diaspora communities and immigrant families who lead transnational lives. It arrives as U.S. immigration laws have grown restrictive. On January 20, former US President Donald Trump eliminated birthright citizenship for children born in the country to parents on temporary visas such as H-1B and F-1, leaving many immigrants in limbo.
What’s Next for Bill C-3
While Bill C-3 remains in the legislative process, it has to undergo three readings in both the Houses of Parliament before it is given royal assent. The IRCC assured, “If the bill is passed by both Houses of Parliament and receives Royal Assent, we will implement the changes as quickly as possible.”