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.

Crime-Fighting Immigration Legislation Becomes Law

Posted on June 24, 2013 by CICS Immigration Team

The Faster Removal of Foreign Criminals Act received Royal Assent on June 19, 2013, making it law in Canada (Steven W. Dengler)

The Faster Removal of Foreign Criminals Act has officially become law, making it easier to deport foreign criminals from Canada.

Canadian Citizenship and Immigration Minister Jason Kenney welcomed the grant of Royal Assent to the legislation:

“This new law will keep Canadians safer by ending endless appeals and loopholes that were being used by dangerous foreign criminals to delay their deportation, during which time many committed more crimes.

Canadians can now feel more confident in the integrity of our immigration system because violent criminals and fraudsters will be kept out while genuine visitors are welcome.”

The legislation amends the Immigration and Refugee Protection Act to:

Make deportation of foreign criminals from Canada easier;
Increase barriers to dangerous individuals entering Canada; and
Reduce hurdles for non-dangerous visitors to Canada.

The legislation has received the support of several organizations, including the Canadian Association of Police Chiefs, the Canadian Police Association, and Victims of Violence and Immigrants for Canada.

Among the changes made by the legislation are limiting the access to the Immigration and Refugee Board (IRB)’s Immigration Appeal Division (IAD) from foreign criminals, which CIC says will reduce the time criminals are able to stay in Canada by up to 18 months.

The Act also prevents foreign nationals who are deemed inadmissible on the grounds of being a threat to national security, being responsible for human trafficking or international rights violations, or being party to organized criminality, from appealing to remain in Canada under humanitarian and compassionate grounds.

Another change made by the legislation is the grant of new “negative discretionary powers” to the Minister of Citizenship and Immigration to refuse temporary entry even in cases when an individual has not been deemed a foreign criminal or inadmissible on the grounds of being a security threat or having involvement in human trafficking, international rights violations or organized criminality.

This power is the most controversial, as it enables a political party to refuse entry for political purposes. Many have charged the Harper government with doing this in 2010 when it initially refused to allow anti-war British MP George Galloway to enter Canada, based on accusations that his anti-war statements amounted to support for terrorism.

Kenney has tried to reassure critics that the new Ministerial power won’t be used in this way:

“We’re not looking at some broad, generalized power to prevent the admission of people to Canada whose political opinions we disagree with but rather those whose hateful attitudes, if given expression in Canada, could potentially lead to hateful actions or violence.”

Whether in years to come, the political inclinations of Canada’s ruling political party, whichever that may be, could bias their determination of what is a dangerous “hateful attitude”, remains to be seen.

Canadian Immigration Minister Seeks Input on Improving “Negative Discretion” Criteria

Posted on October 17, 2012 by CICS Immigration Team

Citizenship and Immigration Minister Jason Kenney said he will seek the input of MPs of all parties to define the negative discretion powers that the Faster Removal of Foreign Criminals Act grants the Immigration Department

Immigration Minister Jason Kenney said he would like advice from members of all parties on clarifying the negative discretionary powers of Bill C-43, the Faster Removal of Foreign Criminals Act, to prevent it from being used to bar foreigners simply for having unpopular views, while still giving the government the power to bar those who would likely promote hate or violence in the country.

The current version of Bill C-43 would give the Minister of Citizenship and Immigration the discretion to bar from Canada foreigners who have not been found inadmissible to visit Canada due to security, human or international rights violations, or organized criminality, based on public policy considerations.

Kenney said that he would like input on exactly what criteria will be used to determine whether a foreigner will be barred, so that the bill does not grant the Department of Citizenship and Immigration broad powers.

He said he will seek advice from other MPs on how exactly to “strike the right balance” in Bill C-43 between the dual goals of giving immigration authorities the discretion necessary to bar entry to promoters of hate or violence and defining and limiting the discretionary powers of the Immigration department to prevent it from being used inappropriately:

“I’m, quite frankly, going to ask all the members from all the parties at the immigration committee to give me their best advice on how to strike the right balance.”

The Faster Removal of Foreign Criminals Act, introduced by Kenney in June, passed its first reading and was referred to the Standing Committee on Citizenship and Immigration on Tuesday in parliament by a vote of 252 to 31.

Conservative Government Introduces ‘Faster Removal of Foreign Criminals Act’

Posted on June 27, 2012 by CICS Immigration Team

Immigration Minister Jason Kenney last week introduced legislation to speed up the deportation of foreign criminals from Canada. Under current laws, some refugee claimants who have been convicted of crimes have been able to delay their deportation for years through repeated appeals of removal orders, while receiving welfare and other government benefits during their time in Canada.

The new legislation, the ‘Faster Removal of Foreign Criminals Act’, would:

eliminate the right of convicted criminals who have been sentenced to more than six months in prison to file an appeal of a removal order to the Immigration Appeal Division
eliminate the right of foreign nationals who have been found by the Immigration and Refugee Board of Canada to have committed serious security, human rights, and international rights violations, or had involvement with organized crime, to appeal for refugee status under “Humanitarian and Compassionate” provisions
make foreign nationals who have family members who have been found by the federal government to be inadmissible to visit Canada on grounds of security, human or international rights violations, or organized criminality, also inadmissible to visit Canada, even if travelling without that family member

In 2010, the Conservative government briefly barred George Galloway, an anti-war British MP, pictured above, from entering Canada (David Hunt from Warwickshire, UK)

The legislation would also give the Minister of Citizenship and Immigration the discretion to wave inadmissibility restrictions for an individual, and to deny temporary resident status to foreign nationals who have not been found inadmissible to visit Canada due to security, human or international rights violations, or organized criminality, based on public policy considerations.

In 2010, the Conservative government attempted to prevent George Galloway, an anti-war British MP, from entering Canada, based on accusations that he supported terrorism. The discretionary powers granted by the new legislation would codify the ability of the federal government to prevent particular foreign nationals who meet all legislated eligibility requirements for visiting Canada from entering the country.