New citizenship law takes effect as Canada addresses first-generation limit ruling 
New citizenship law takes effect as Canada addresses first-generation limit ruling Canada has formally overhauled its citizenship-by-descent rules, opening the door for thousands of people living abroad to be recognised as Canadian citizens after years of legal uncertainty. With Bill C-3 now in force, the reforms reshape who qualifies for citizenship and how ties to Canada are defined, changes that are likely to resonate strongly with families of Indian origin and other globally mobile communities.
The government said the amendments are intended to make the citizenship law “fair, clear and reflective of how Canadian families live today, both in and outside Canada.” The new legislation, formally titled An Act to Amend the Citizenship Act (2025), took effect on Monday and responds directly to court rulings that found parts of the old framework unconstitutional.
Who becomes a citizen now?
Individuals born before December 15, 2025, who would have been Canadian citizens if not for the first-generation limit or other legacy restrictions, are now legally recognised as Canadian citizens.
Importantly, those covered by the change can seek official proof of citizenship without filing a fresh application, a move aimed at easing administrative burdens for affected families.
What changes going forward
The law also sets out a new, forward-looking pathway for citizenship by descent. Canadian parents who were themselves born or adopted outside Canada can now pass citizenship to children born or adopted abroad, as long as they demonstrate a “substantial connection” to Canada.
This connection is defined through a requirement to show three years of residence in Canada prior to the child’s birth or adoption. The government says this balances fairness for families abroad with the principle that citizenship should be grounded in real ties to the country.
The changes follow years of legal and policy debate. Canada’s first Citizenship Act of 1947 included provisions that caused many people to lose or never obtain citizenship. Amendments in 2009 and 2015 restored citizenship to most of these so-called “Lost Canadians,” with about 20,000 people seeking proof of citizenship as a result.
That rule was struck down in December 2023, when the Ontario Superior Court of Justice declared key parts of the Citizenship Act unconstitutional. The federal government chose not to appeal the ruling, agreeing that the law had produced “unacceptable outcomes for children of Canadians who were born outside the country.”
Why this matters for Indians abroad
India remains one of the largest source countries for Canadian migrants, students and professionals. Thousands of Canadians of Indian origin live and raise families outside Canada, including in India itself.
For these families, the revised rules could be decisive. Children born abroad who were previously excluded under the first-generation limit may now qualify for citizenship, particularly where parents can show meaningful connections to Canada through residence, work, education or long-term ties.
Those born before the December 15, 2025 cut-off may also now be formally recognised as citizens and obtain documentation.
What applicants should know
With the amended law now in effect, Immigration, Refugees and Citizenship Canada will process citizenship certificate applications under the new rules. Applicants who applied under interim arrangements do not need to submit new requests.
The government has advised individuals seeking clarity to refer to the Citizenship section of IRCC’s official website, where further operational guidance will be issued.