When will the Canada citizenship rules be updated?

Posted on June 12, 2017 by CICS Immigration Team

New Canadians take the oath of citizenship at a ceremony in Dartmouth, Nova Scotia.

It’s been some time since the promised changes in the citizenship rules started on its path towards becoming law. Bill C-6 has been working its way through the legislature since February of 2016.

These are the steps C-6 has taken:

House of Commons

First Reading – Introduction and First Reading – 2016-02-25
Second Reading – Second Reading and Referral to Committee – 2016-03-21

Standing Committee on Citizenship and Immigration

Committee Reporting the Bill with Amendments – 2016-05-05
Report Stage – Concurrence at Report Stage – 2016-05-17
Third Reading – Third Reading – 2016-06-17

Senate

First Reading – 2016-06-17
Second Reading – 2016-12-15
Referral to Committee – 2016-12-15

Standing Senate Committee on Social Affairs, Science and Technology

Committee Report Presented without Amendment – 2017-03-07
Third Reading – 2017-05-03
Bill passed by the Senate with amendments – 2017-05-03

So here we are – What now?

The Senate passed the bill, but introduced three amendments, which means the bill gets sent back to the House of Commons, where Liberals will decide whether to accept the changes or not. If they don’t, it goes back to the Senate again. Government House leader Bardish Chagger’s office said Wednesday amendments will be brought to the floor for debate “in due course.”

What are these amendments?

The bill’s sponsor, independent Sen. Ratna Omidvar, championed in particular an amendment, introduced by independent Sen. Elaine McCoy, that improves due process for people who are facing revocation of their citizenship due to fraud or misrepresentation.

After the Conservatives’ Bill C-24, revocation processes were streamlined such that people weren’t automatically granted a right to defend themselves if their citizenship was about to be taken away. The Liberal Bill C-6 didn’t reverse this change.

“Without this amendment,” said a statement from Omidvar’s office, “Canadians face an unjust administrative process and fewer safeguards than anyone wishing to challenge a parking ticket.”

Previous immigration minister John McCallum had told senators Liberals would “welcome” an amendment addressing this, but new minister Ahmed Hussen has not indicated support one way or the other.

The other two amendments:

1) Change language proficiency requirement to 60, from 55, proposed by the Liberals. (It’s at 64 now)
2) Minors can apply for citizenship, separate from parents and guardians.

It has been a long time coming, but we are cautiously optimistic that the Liberal governments will accept the three amendment, so the citizenship bill C-6 can finally become law.

Breaking: The date for the controvercial citizenship rules change has been announced: June 11th

Posted on June 6, 2015 by CICS Immigration Team

jason-alexander-citizenship-rule-changes

Immigration Miniser, Chris Alexander announces that June 11th the remaining citizenship rules will come into effect.

Citizenship and Immigration Canada (CIC) has announced the date the citizenship rule changes will come into effect.

One of the most contentious changes will be:

Adult applicants must declare their intent to reside in Canada once they become citizens and meet their personal income tax obligations in order to be eligible for citizenship.

The wording is loose and some think the rule changes may also apply to after one becomes a citizen.

This raises questions:

Can you be deemed not eligible for citizenship if you’re not showing enough intention and bond with Canada?
What are the standards and meaning of intention?
Are you breaking the rules that you signed up for and have your citizenship revoked if you don’t meet the standard?

It will be interesting to see if debates and the coming election in autumn will make this controversial and vague rule change more clear.

Here is a clip with CIC Minister Chris Alexander in the Senate committee meeting on June 12 2014 trying to respond to the concern of the wording:

https://www.youtube.com/watch?v=uMoa1vbxRWk

Upcoming Changes to the Canadian Citizenship Rules in 2015

Posted on May 26, 2015 by CICS Immigration Team

Angelica Detablan, 7, is handed her citizenship certificate and a Canadian flag by RCMP Const. Gerri Beardy at a ceremony at Charleswood School in Winnipeg, Manitoba.

In June of 2015, it is expected that a few new rules and regulations will be implemented into the Canadian Citizenship Rules and the processing of applications. Majority of changes have received negative feedback from immigrants and several civil rights organization which accuse the government of creating a two-tier citizenship system.

Below is a list of some of the biggest changes:

Residency –

Current rules	New changes
One must show physical residency in Canada for 3 out of 4 years	4 out of 6 years and must show that you were physically present in Canada for at least 183 days per year for each of those four years.

Residency before becoming Permanent Resident –

Current rules	New changes
Any time spent in Canada before becoming a Permanent Resident could be used towards residency.	No time before becoming a Permanent Resident can be used towards calculating your days in Canada for citizenship.

Intent to reside –

Current rules	New changes
No such rule.	Applicants must now declare their intent to reside in Canada during the application and indicate that they plan to make Canada their permanent home.

Proof of language –

Current rules	New changes
Applicants between 18 – 54 must submit proof of language proficiency in English or French	The required age will be changed to 14 – 64

Taxes –

Current rules	New changes
Not required to file taxes.	Must file taxes.

On top of the above, a few more changes that we should be expecting are stricter offences and penalties for fraud and misrepresentations and new grounds and process for revoking citizenship.

It is highly recommended that anyone who is eligible for citizenship now to apply before the rules are implemented.

Express Entry Update: First non-LMIA/LMO, non-PNP Nomination Invitations have been Released

Posted on March 24, 2015 by CICS Immigration Team

Close to three months after the new Express Entry system started, and after four invitations, the first set of instructions have been released, where some of the invitees did not have LMIA/LMO’s or PNP nominations.

On March 20th, 2015, Express Entry system, round #5 was released. The number of invitees totalled 1620. The minimum score of those invited is 481.

This is great news for the majority of applicants in the Express Entry pool as many have started to feel discouraged by the high number of points in the previous four invitations.

What do the Experts think?

As licensed immigration consultant Alex Khadempour points out, there is no need to panic: “This is just the start. Immigration Canada did not want to open the floodgates by inviting a high number of people at the beginning. This is why only those with PNP nominations or LMOs/LIMAs were invited at first to make sure the system works. You will now see the minimum score start to go down.”

Immigration Canada accepts over 160,000 applicants a year under the economic programs such as Federal Skilled Worker, Canadian Experience Class, Federal Skilled Trades and some PNP programs. Only a small fraction of these applicants have LMOs/LMIAs or PNP nominations.

Tips for Applicants

Alex Khadempour adds: “Calculated patience is always necessary when it comes to dealing with immigration, especially when a new program or system is launched. You should keep your eyes on the minimum scores and see how close you are. At the same time, if there is an opportunity for you to receive a provincial nomination or an LMIA, which guarantee that you will be selected and invited, you should take advantage of that opportunity.It’s also very important to approach this process with caution and precision. One tiny mistake in one of the steps can ruin your chances in the future.”

Be sure to go over all the guidelines, regulations and seek professional help, if necessary, to make sure you don’t make any errors in how you submit your information and approach the multi-step application process.

The new Canadian Citizenship rules for Newcomers – What You Need to Know

Posted on March 26, 2014 by CICS Immigration Team

On February 6, 2014, Canada’s Citizenship and Immigration Minister Chris Alexander unveiled the first comprehensive reforms to the Citizenship Act since 1977. With the unveiling of Bill C-24, the Strengthening of Canadian Citizenship Act, the Canadian Government purports that the new Bill will protect the value of Canadian citizenship while creating a faster and more efficient Citizenship process for those immigrants who have applied to become a Canadian citizen.

Soon to be Canadians come together for the Citizenship Oath Ceremony.

Bill C-24 introduces some key changes to the way in which newcomers become citizens. Newcomers will be expected to show that they have established strong ties to Canada and residence requirements will ensure that the applicant has resided physically in Canada for the duration that is specified in the Act (physical presence of 4 out of 6 years or 1,460 days) with a signed declaration of “intent to reside” in Canada. Permanent Residents will be required to be present in Canada for 183 days each year for four out of six years. Under the new system, there will be one step instead of three and applicants can expect a decision to be made within a year. Changes and measures that will be put into place are expected to reduce the backlog of applicants by 80% and streamline the process to be more simple and efficient. Citizenship will automatically be extended to those with strong ties to Canada who were born before 1947 and their children born in the first generation outside of Canada (“Lost Canadians”).

More language requirements will be implemented as well as having to pass a knowledge test. Support for studying for these two requirements can be found at local immigrant settlement services agencies across Canada. Many have online systems that can help new immigrants study for the exams, and there’s even an app that can be downloaded here.

Fees for Canadian Citizenship will be expected to rise, as the cost that is normally associated with Tax Payers footing the bill will be alleviated. Application fees will then reflect actual costs associated with becoming a citizen of Canada. As well, the Government intends to implement stronger measures to protect Canada against citizenship fraud, and will be imposing harsher penalties for misrepresentation (max $100,000 or 5 years).

Under the current system, a Permanent Resident of Canada must live in Canada for three out of four years to be eligible to apply for Citizenship. Under the proposed new changes, that four year period of waiting will be increased to four out of six years and will eliminate any temporary visa period when calculating time spent in Canada.

CIC stated in the Toronto Star on March 3, 2014 “This change would create a level playing field for all citizenship applicants and demonstrate their permanent commitment to Canada,” said CIC spokesman Remi Lariviere. “While it may take someone . . . longer to meet the residence requirement under the new rules, the changes are designed to deepen their attachment to Canada.”

New decision-making model for citizenship applications

The old system was a three-step process whereby a Citizenship Officer prepared applications for citizenship to be presented to a judge and then accepted or rejected. In the new system, the Citizenship Officer will be able to make a decision on citizenship on behalf of the Minister. This one-step process is considered a way of reducing red-tape and speeding up the process for obtaining citizenship.

Increasing Citizenship Fees

As of February 6, 2014, the fee for Canadian citizenship for adult applications for a grant of citizenship, resumptions and adult adoptions increased from $100 to $300. The tax savings on Citizenship costs will be passed on to Canadian citizens with new immigrants picking up the tab for the actual costs of processing. The $100 Right of Citizenship Fee remains the same for successful applicants. Fees for applications for a grant or resumption of citizenship for a minor child of a Canadian citizen are exempt from this change.

Previously, new immigrants only paid 20% of the cost of obtaining Canadian Citizenship and will now be responsible for shouldering the entire cost of the process rather than a shared structure supported by tax dollars. As Canada has had the highest level of immigration worldwide, resources in Citizenship have not been enough to sustain the level of applications for Citizenship and so these changes will help minimize the Citizenship backlog that tends to develop from over demand.

Discretionary grants

Under the old system, the Governor in Council could under certain circumstances of hardship or as a reward of an exceptional value to Canada, direct the Minister to grant Citizenship. Under the new proposed changes, the GIC no longer has this power and the discretion will fall completely under the current CIC Minister of Citizenship & Immigration.

Judicial Review and Appeal Process

Under the new proposed changes, access to the higher courts would be given to all applicants. Currently, an appeal of a judge’s decision can go to the Federal Court only (and cannot go to Supreme Court). As well any decisions made by Citizenship Officers who have the authority to decide on Citizenship can be open to judicial review and challenged in a higher court.

Proposed changes would give access to higher courts for all applicants. CIC proposes to amend the review process for decisions on citizenship applications. Currently, an appeal of a citizenship judge’s decision can go to the Federal Court (FC) but no higher. Decisions by citizenship officers, who have authority to decide certain cases under the Act, can be judicially reviewed and challenged in a higher court. Under a uniform review system, any decision under the Citizenship Act can be appealed as high as the Supreme Court of Canada (Canada’s highest court of appeal).

Citizenship proof

Under the current system, a citizenship certificate must be issued to each person, denoting Canadian Citizenship as proof. The new proposed changes want to move to a more flexible system of proof whereby rather than a paper copy, Citizens can prove they are Canadian citizens through electronic means.

Authority to abandon a citizenship application

Under the current Citizenship Act, there is no authority to abandon a citizenship application, especially in situations where an applicant has failed to appear for the citizenship test or an appointment with a Citizenship Officer. CIC would like new powers of authority to determine if it is appropriate that an application be abandoned if there is a ground of non-compliance or misrepresentation by the applicant. This new power of abandonment would apply to all Citizenship applications under the new Act at any stage of processing until the oath is taken. Incomplete applications can be returned to the applicant.

Minister Alexander was quoted in saying that “The Strengthening Canadian Citizenship Act, along with the launch of the Blueprint for Citizenship Improvements, helps improve the citizenship process by reducing backlogs and wait times. Our government is proud to table improvements to the Citizenship Act that reinforce the value of citizenship and make the process quicker and easier for new Canadians who play by the rules.” Chris Alexander, Canada’s Citizenship and Immigration Minister.

Finally, it should be noted that a new designated body of authorized representatives will be able to give advice on Citizenship matters. And for immigration clients, this will be an important part of the process to becoming a citizen of Canada. It will be important to have a trusted advisor that can guide the citizenship process for you and represent you in the event that a Citizenship Officer denies your application for Canadian citizenship. This person can help to give the very best advice and assistance on preparing your application.

For new immigrants and permanent residents, it will be vital to begin the Citizenship process as soon as they are able to apply, and to follow the new rules as outlined in the new Citizenship Act. Activities such as developing language skills, establishing strong ties to Canada through networking, paying taxes by filing with Revenue Canada so that there is a record and ensuring to meet all residency requirements while in Canada will be critical to the success at becoming a Canadian citizen.

Canadian Immigration Department Details its Achievements, Expects Reduction in Wait Times

Posted on November 4, 2012 by CICS Immigration Team

CIC plans to adopt an Expression of Interest (EOI) model for the Federal Skilled Worker Program similar to that in place in New Zealand.

Citizenship and Immigration Canada (CIC) summarized what it considers the successes of its reforms in recent years in a press release on Friday. CIC said that it expects that by the end of 2013, it will be able to process applications as they are received, and complete their processing within one year.

It said that this will open the door to the adoption of the Expression of Interest (EOI) model for the Federal Skilled Worker Program (FSWP) and possibly other economic immigration streams.

The EOI model requires applicants to submit a simplified preliminary application detailing their qualifications, and allowing provinces and employers to select the most promising of those applicants, who are then invited by CIC to submit a full application that includes documents proving their qualifications.

“The Government’s number one priority remains the economy and job growth. Immigration backlogs are detrimental to our ability to attract the world’s top talent,” said Citizenship and Immigration Minister Jason Kenney in describing the purpose of moving to a “just in time” EOI system of immigration admittance.

“With the decisive actions we’ve taken to tackle the backlog, we will finally be able to select immigrants who better meet the needs of the Canadian labour market. We will aim to process their applications in less than 12 months.”

CIC also detailed the measures it has taken in recent years to address a problem that has long afflicted the FSWP: the large volume of applications that exceed the program’s annual quota and lead to wait times as high as eight years:

In 2008, only accepting FSW applications from individuals qualified in an occupation on the “priority occupations” list.
In 2010, adding a quota to the number of new applications accepted.
In June 2012, eliminating most of the FSW applications on the backlog that were received before February 27, 2008.
In July 2012, temporarily pausing acceptance of new FSW applications, except for applicants with a qualifying job offer and those applying under the PhD stream.

These measures, said CIC, have reduced the FSWP backlog from 640,000 people in 2008 to 100,000 today.

CIC plans to re-start the FSWP in 2013, and admit 55,300 people over the year, approximately the same as the 55,000–57,000 quota for the program in 2012. It said that new rules for a revamped FSWP will be published later this year.

Canadian Immigration Provides Instructions for FSW Backlog Wipe-out Fee Refund

Posted on October 15, 2012 by CICS Immigration Team

The return of application fees to those affected by the wipe-out of the pre-February 27 2008 FSW backlog will be processed by CIC

Citizenship and Immigration Canada (CIC) issued a notice on Friday instructing those affected by the wipe-out of the pre-February 27, 2008 Federal Skilled Worker (FSW) application backlog to submit a form informing the department of their current address in order to have their fee return processed.

Approximately 280,000 FSW applications filed before the Feb. 27th 2008 were wiped out with the enactment of Bill C-38 on June 29, 2012, with the federal government committing to return the application fees paid by those affected.

Friday’s notice asks those whose FSW applications were likely affected by the new law to submit a completed RETURN OF PROCESSING FEE, RIGHT OF PERMANENT RESIDENCE FEE OR RIGHT OF LANDING FEE form to CIC.

The first contingent of applicants to have their fees returned will be those who had contacted CIC to enquire about their fee refund before Friday’s notice. The next group to be refunded will be those who update CIC about their current address by submitting the above linked form. Finally, CIC will contact the remaining applicants and attempt to verify their current mailing address before processing their fee return.

Another Former Immigration Official Convicted of Fraud

Posted on July 3, 2012 by CICS Immigration Team

Barriero worked at the CIC office on 5343 Dundas Street until 2010 when he was suspended from his job (GOOGLE STREET VIEW)

Less than a week after the conviction of one former senior Citizenship and Immigration Canada (CIC) official on fraud and breach of trust charges for accepting bribes, another has plead guilty to three counts of breach of trust and three counts of fraud, for taking up to $6,000 in bribes in exchange for using his position at CIC to approve applications for permanent residence in Canada.

George Gonsalves Barriero, who worked for CIC for a total of 12 years, was promoted to a senior position with the authority to approve applications or refer them for further risk assessments in 2005, and that is when it is alleged he began asking permanent resident applicants in the hispanic community for bribes.

He collected $6,000 in 2010 from two PR applicants before being reported to the police by the third applicant he approached for a bribe.

Gov. Agencies Now Permitted to Share Information on Immigration Rep Misconduct

Posted on June 6, 2012 by CICS Immigration Team

Statue of Justicia in Ottawa Canada. New legal provisions in Bill C-35 allow government agencies to share information on professional misconduct by immigration representatives with governing bodies that license and regulate them.

Rules in place since April 10th give Citizenship and Immigration Canada (CIC), the Canada Border Services Agency (CBSA) and the Immigration and Refugee Board (IRB) the legal authority to share information on professional misconduct by immigration representatives with governing bodies.

CIC regularly receives complaints and tips from the public about unethical or illegal conduct by immigration representatives, but until the April 10th operation bulletin that implemented the information-sharing provisions of Bill C-35, has not had the authority to share that information with governing bodies like the Immigration Consultants of Canada Regulatory Council (ICCRC), which licenses and regulates immigration consultants.

Examples of the type of conduct that government agencies can now share allegations or evidence of are:

Failing to provide services promised to a client in an agreement
Making guarantees that the representative not capable of ensuring
Misrepresenting Canada’s immigration processes and requirements
Counselling clients to provide false information

To reduce the possibility of being defrauded, CIC recommends that people who are looking to pay for immigration representation ensure that their representative is licensed in their provincial or federal jurisdiction. A list of all immigration consultants licensed by the ICCRC to provide paid immigration consultation in Canada is available on their website.