Canada’s new citizenship-by-descent legislated; relief for ‘lost Canadians’ which include Indian-origin families

Canada’s long-awaited overhaul of its citizenship-by-descent rules has officially come into effect, ending years of uncertainty for thousands of families, including many of Indian origin, whose children were denied citizenship due to outdated legal provisions.

Bill C-3, which amends Canada’s Citizenship Act, became law on December 15, 2025, the federal government announced. With this, people born before this date who would have been Canadian citizens but for the controversial “first-generation limit” and other archaic rules can now apply for citizenship. TOI in its edition of Nov 24, had covered the ongoing developments in citizenship reforms.

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The reform tackles the long-criticized second-generation cut-off, introduced in 2009, under which a Canadian citizen born abroad could not automatically pass on citizenship to a child also born outside Canada. This provision created a class of so-called “lost Canadians” — individuals who believed they were citizens by descent but were excluded by law.

In December 2023, when the Ontario Superior Court of Justice ruled that key parts of the Citizenship Act dealing with the first-generation limit were unconstitutional. The federal government chose not to appeal the ruling, acknowledging that the law produced unacceptable outcomes for children of Canadians born overseas.

Under the new framework, Canada has also put in place a clear, forward-looking pathway. A Canadian parent born or adopted abroad can now pass on citizenship to their child born or adopted outside Canada today or in the future, provided they can demonstrate at the time of application that they spent three years in Canada prior to their child’s birth or adoption. This approach supports fairness and clarity for Canadian families abroad while reinforcing the principle that real, demonstrated ties to Canada guide citizenship by descent, states a release from Immigration, Refugees and Citizenship Canada (IRCC).

Announcing the law’s coming into force, immigration minister Lena Metlege Diab said the amendments reflect how Canadian families live today, with many maintaining strong ties to the country despite time spent overseas. The reform, she said, strengthens the bond between Canadians at home and abroad while reaffirming the value of Canadian citizenship.

For Indian-origin families — many of whom have transnational lives spanning Canada and India — the move brings long-awaited certainty, restoring citizenship rights for the past and laying down clearer rules for future generations.

The changes are expected to trigger a surge in applications, particularly from families who had been waiting for legal clarity.