Canada introduces a bill to lift restrictive citizenship by descent norms; Indian diaspora to benefit say experts

Canada’s immigration minister, Lena Metlege Diab, on Thursday night introduced legislation that will extend citizenship by descent beyond the first-generation. This news has been welcomed by several immigrants, including the Indian diaspora. The Citizenship Act was amended in 2009 to add a ‘first-generation limit’ to citizenship by descent. This meant that a Canadian citizen parent could pass on citizenship to a child born outside Canada only if the parent was either born in Canada or naturalised before the birth of this child. However, as a result of the first-generation limit, Canadian citizens who were born outside Canada could not in turn pass on citizenship to their child, if the child was also born outside Canada. Nor could they apply for a direct grant of citizenship for a child adopted from outside Canada.The first-generation limit can be illustrated: Mrs. A was born in India and was its former citizen. Subsequently, after migrating, she acquired Canadian citizenship. On her return to India, she bore a child – ‘B’. Now, ‘B’ was eligible to be a Canadian citizen through descent. However, subsequently, ‘B’ (a Canadian citizen) could not under the first-generation limit rule, pass on citizenship to her child (let’s name him C) if C was also born outside Canada.“As a result of the first-generation limit to citizenship by descent for individuals born abroad, most Canadian citizens who are citizens by descent cannot pass on citizenship to their child born or adopted outside Canada. The current first-generation limit to citizenship no longer reflects how Canadian families live today—here at home and around the world—and the values that define our country,” states Immigration Refugees and Citizenship Canada (IRCC) in its release. The proposed amendment comes in the wake of a court ruling last year, which held the first- generation limit to be unconstitutional. TOI, in its edition of January 23, 2024, had reported that the Canadian government would not appeal against this order. While this legislation was also introduced by Marc Miller, former immigration minister, last March, it could not be passed, resulting in its reintroduction. Read also: Canada will not appeal court order that widened passing down of citizenship to children born abroadThe proposed bill, ‘C-3’ would: automatically give Canadian citizenship to any person who would be a citizen today were it not for the first-generation limit or certain outdated provisions of previous citizenship legislation. It would also establish a new framework for citizenship by descent going forward that would allow for access to citizenship beyond the first generation based on a Canadian parent’s substantial connection to Canada, demonstrated by at least 1,095 cumulative days (three years) of physical presence in Canada prior to their child’s birth or adoption.Speaking to TOI, Ken Nickel-Lane, managing director of an immigration services firm, said, “While Bill C-3 certainly addresses and rectifies a fault, or faults in the current Citizenship Act which certainly is warranted and just, it may face challenges given current public opinion towards immigration. He cautions that the bill could take away a volume of the spots meant for temporary foreign workers, which are vital for infrastructure and housing projects.IRCC sums up by stating that “If the bill passes both Houses of Parliament and receives Royal Assent, we will work as quickly as possible to bring these changes into effect.”