Good News for Indians Abroad: Canada Plans to Relax Citizenship Rules for Children

Canada is proposing amendments that would allow Canadian citizens born abroad to pass citizenship to their overseas-born children beyond the first generation. The reform removes the long-standing “first-generation limit,” which previously prevented many children of Canadians from becoming citizens by descent. A new “substantial connection” requirement will apply, meaning the Canadian parent must have lived in Canada for at least 1,095 days before the child’s birth or adoption. The proposal also includes restoring citizenship to individuals who lost or did not receive citizenship due to outdated provisions, offering more inclusive pathways for affected families.

These changes primarily benefit children born outside Canada to Canadian parents who were also born abroad, a group previously excluded under the first-generation limit. Families in the global diaspora, including professionals, students, and long-term residents abroad, will gain the ability to transmit citizenship more easily. The amendments will also support adopted children born overseas if their Canadian parent meets the physical-presence requirement. In addition, individuals known as “Lost Canadians,” who lost or never acquired citizenship because of older legal provisions, may have their status restored. Overall, the reform creates a more equitable framework for globally mobile families.

The second-generation born abroad rule limited automatic citizenship by descent to only the first generation born outside Canada. If a Canadian citizen was born abroad, their children born overseas were not eligible for citizenship. The proposed changes remove this restriction, allowing Canadian citizens born abroad to pass citizenship to their children, provided they meet the substantial-connection requirement of three years of physical presence in Canada. This change aims to modernise the Citizenship Act and address long-standing inequities faced by Canadian families living abroad, ensuring that citizenship can be transmitted more fairly across generations.

Yes. Under the proposed amendments, Canadian citizens living abroad will have the ability to pass citizenship to their children born outside Canada, even if the parent was also born overseas. The key condition is that the parent must demonstrate at least 1,095 days of physical presence in Canada before the child’s birth or adoption. This requirement ensures a meaningful connection to Canada while offering greater flexibility for internationally mobile Canadians. Once implemented, the new rules will provide broader and clearer pathways for families raising children abroad to secure Canadian citizenship for the next generation.

The review was prompted by a court decision that found parts of the first-generation limit unconstitutional. The ruling highlighted how the existing law created significant inequities for children of Canadians born abroad. This triggered a commitment by the federal government to modernise the Citizenship Act and address gaps affecting globally mobile families. Changing family structures, increasing international mobility, and long-standing concerns about “Lost Canadians” also contributed to the push for reform. The updated legislation aims to ensure fairness, protect family unity, and reflect modern realities of Canadian citizens living and working around the world.

The changes are still under consideration and have not yet come into force. The proposed amendments are progressing through the legislative process, which includes parliamentary reviews, debates, and final approval steps. After both Houses of Parliament pass the bill, it must receive Royal Assent, and the government must formally set an implementation date. Until then, the current rules continue to apply, though some interim measures may be available for affected individuals. The reform is moving forward, but Canadians abroad should wait for official confirmation before the new pathways to citizenship become active.

The reforms will significantly expand eligibility for children born abroad who were previously excluded under the first-generation limit. Families where the Canadian parent was also born overseas will now have a pathway to secure citizenship for their children, provided the parent meets the required physical-presence threshold. This change will reduce uncertainty and help families maintain stronger ties to Canada across generations. The reforms also include provisions to restore citizenship for individuals affected by older laws, ensuring more fairness for those who lost or never acquired citizenship due to technical restrictions or outdated legislation.

Yes, the proposed changes are intended to apply retroactively to individuals who would have been eligible for citizenship if the first-generation limit had not existed. This means that many children and adults born abroad may have their citizenship recognized or restored once the law takes effect. Retroactive application will depend on the final legislative wording and the implementation provisions set by the government. The goal is to correct past inequities and ensure that families unfairly affected by older rules have access to the citizenship they would have otherwise received.

For the amendments to take effect, the government must first pass the bill through all stages in both the House of Commons and the Senate. After parliamentary approval, the bill must receive Royal Assent. The government will then need to announce an official date when the amendments come into force, allowing time for administrative systems and application processes to be updated. Only after these steps are completed will the new rules become legally binding. Until then, the existing citizenship rules remain unchanged.

The reforms will make it easier by eliminating the generational restriction that previously prevented many Canadian parents from passing citizenship to their overseas-born children. The new framework focuses instead on the parent’s connection to Canada, making eligibility clearer and more inclusive. Children who were previously ineligible can now qualify if their Canadian parent has sufficient physical-presence history. The legislation also restores citizenship for those unfairly affected by past rules. Overall, the changes modernise the system, promote fairness, and help globally mobile Canadian families secure citizenship for their children with fewer barriers.