Category Archives: Canadian Citizenship

When will the Canada citizenship rules be updated?

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citizenship ceremony in nova scotia

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.

An overview of proposed changes to the Canadian Citizenship Act

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Proposed changes to the Canadian Citizenship Act was introduced on February 25, 2016. The changes in the legislation would provide greater flexibility for applicants trying to meet the requirements for citizenship, and help immigrants obtain citizenship faster. They would also repeal provisions of the Citizenship Act that allow citizenship to be revoked from dual citizens who engage in certain acts against the national interest. Additional changes are also proposed to further enhance program integrity.

Repealing the national interest grounds for citizenship revocation

Legislative changes that came into effect in May 2015 created a new ground for citizenship revocation that allowed citizenship to be taken away from dual citizens for certain acts against the national interest of Canada. These grounds include convictions of terrorism, high treason, treason or spying offences, depending on the sentence received, or for membership in an armed force or organized armed group engaged in armed conflict with Canada. The Bill repeals these new grounds. All Canadians who commit crimes should face the consequences of their actions through the Canadian justice system.

The ability to revoke citizenship where it was obtained by false representation, by fraud or by knowingly concealing material circumstances will remain in place. The Minister would continue to have authority to revoke citizenship in basic fraud cases, such as identity and residence fraud (which constitute the majority of cases), and the Federal Court would continue to have authority to revoke citizenship in cases where the fraud is in relation to concealing serious inadmissibilities concerning security, human or international rights violations, war crimes, and organized criminality.

Repealing the intent to reside provision

Since June 2015, adult applicants must declare on their citizenship applications that they intend to continue to reside in Canada if granted citizenship. The provision created concern among some new Canadians, who feared their citizenship could be revoked in the future if they moved outside of Canada. The Government is proposing to repeal this provision. All Canadians are free to move outside Canada. This is a right guaranteed in our Charter of Rights and Freedoms.

Reducing the length of time someone must be physically present in Canada to qualify for Citizenship

To help immigrants achieve citizenship more quickly, the Government is proposing to reduce the time required to be spent in Canada for citizenship for adults to three years (1095 days) within the five years before applying for citizenship. This will mean applicants can apply one year sooner than they can now. This offers greater flexibility for immigrants who may need to travel outside of Canada for various personal or work reasons.

Currently, the Citizenship Act requires applicants to be physically present in Canada for four years (1,460 days) within the six years immediately before applying for citizenship.

Allowing time in Canada before Permanent Residency to count toward the physical presence requirement

Under the Citizenship Act, people cannot count time they spent in Canada before becoming a permanent resident towards meeting the physical presence requirement for citizenship.

The changes in the new Bill would let non-permanent resident time count toward the new three year physical presence requirement for citizenship, for up to one year. Under this change, each day that a person is authorized to be in Canada as a temporary resident or protected person before becoming a permanent resident could be counted as a half-day toward meeting the physical presence requirement for citizenship.

These changes support the Government’s goal of making it easier for immigrants to build successful lives in Canada, reuniting their families and contributing to the economic success of all Canadians. The time credit will also encourage skilled individuals to come to Canada to study or work, and benefits groups like protected persons and parents and grandparents on visitors’ visas.

Eliminating the 183 days of physical presence requirement

The Bill proposes to remove the supplemental physical presence requirement, as keeping it would not allow applicants to benefit from the new non-permanent resident time credit. Applicants would no longer need to be physically present for 183 days in Canada during each of four calendar years that are within the six years immediately before applying for citizenship.

Amending the age range for language and knowledge requirements

Since the first Canadian Citizenship Act in 1947, citizenship applicants have had to have an adequate knowledge of English or French, as well as knowledge of the responsibilities and privileges of citizenship. Previous changes to the Citizenship Act expanded the age range of applicants who must meet the language and knowledge requirements from those aged 18-54 to those aged 14-64.

The Government is proposing to return to the previous 18-54 age requirement, removing a potential barrier to citizenship for applicants in both the younger and older age groups. For younger applicants, learning English or French and having an adequate knowledge of Canada is already achieved through schooling. For the older age group, language skills and knowledge of Canada are offered through a wide range of integration services.

Adult applicants aged 18-54 would still be required to provide evidence that they understand English or French and are able to hold a short conversation about common topics, understand simple instructions, and use basic grammar. They are also required to pass a knowledge test on Canada and the responsibilities and privileges of citizenship.

Program Integrity Enhancements

A number of changes to further enhance program integrity are also proposed.

Conditional Sentences: Currently, the Citizenship Act prohibits a person under a probation order, on parole or incarcerated in a penitentiary, jail, reformatory or prison from being granted citizenship or from counting that time towards meeting the physical presence requirements for citizenship. However, the provisions do not include conditional sentences (i.e. sentences served in the community with certain conditions) served in Canada. So currently, an applicant who is sentenced to a conditional sentence order could be granted citizenship or count that time towards meeting the physical presence requirements for citizenship. These amendments would change that. This change would apply to both new applications and those still being processed.

Maintaining requirements for citizenship until Oath taking: The Strengthening Canadian Citizenship Act introduced a rule that would not allow applicants to take the oath of citizenship if they no longer met the requirements for citizenship after the decision was made. Before this change, there was no authority to prevent an applicant in that situation from taking the oath. The time between the decision and taking of the oath is typically two to three months. However, the rule only applies to applications received after June 11, 2015, when the Strengthening Canadian Citizenship Act came into force, and not to applications received before that date. The proposed change would require all applicants to continue to meet the requirements of citizenship until they take the Oath, regardless of when their application was received.

Ability to Seize Documents: Unlike existing authorities under the Immigration and Refugees Protection Act, citizenship officers did not have the authority to seize fraudulent documents. This Bill would change that, giving citizenship officers authority under the Citizenship Act to seize fraudulent documents provided during the administration of the Act, including during in-person interviews and hearings. This improves the ability for Citizenship officers to carry out investigations and prevent further use of fraudulent or suspected fraudulent documents.

Source: Immigration, Refugees, and Citizenship Canada

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

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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

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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.

Only 26% of Canadian immigrants acquired Canadian Citizenship

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A decreasing number of immigrants are wanting to become Canadian citizens.

A decreasing number of immigrants are wanting to become Canadian citizens.

The number of immigrants wanting to become citizens in Canada have dropped to a whopping 26 percent from a previous 79 percent from the period 2000 and 2008, former citizenship director-general Andrew Griffith said. He attributed the decline to government’s recent rules and fees regarding citizenship.

“These changes have made it harder and prohibitive for some to acquire citizenship, turning Canada into a country where an increasing percentage of immigrants are likely to remain non-citizens, without the ability to engage in the Canadian political process,” Griffith said, noting that in the past, citizenship was viewed as a stepping stone to immigrant integration. “So it must be done earlier on.”

In 2008, only 26 percent of permanent residents who settled in Canada acquired Canadian citizenship. A year before it was 44 percent, and in the year 2000, it was 79 percent.

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The current residency rules say that you must be a resident in Canada for at least three out of four year. Come this June, that will be changed to four out of six years and they will also raise the age of exemption from language and citizenship tests to 65, from 55.

Regulations have become stringent since 2010. Among the changes include a citizenship test that measures applicants’ knowledge of Canadian history, culture and values. The required score to pass is 75 percent, from the previous 60 percent. Applicants must pass 15 out of 20 multiple choice questions.

The new passing rate, Griffith said, immediately impacted the citizenship numbers. Observing the passing rates of various communities 3 years before and after the new citizenship test was implemented, he said the immigrants from the Caribbean saw their pass rate go down by almost 20 per cent, while those from the South Asian, Southern and East African communities all experienced a decline of more than 15 per cent.

The new citizenship test, Citizenship and Immigration Canada spokesperson Johanne Nadeau said, was just the same for all applicants. The test is neither too easy nor too difficult. What’s just needed is that “new Canadians have a comprehensive understanding of Canada’s history, identity and values.”

The matter on application fees is also another issue deterring immigrants to pursue Canadian citizenship. In 2014, the government increased the fees from $100 per adult, to $300 in February and $530 in December to become citizens. This does not include the $100 “Right of Citizenship” fee successful candidates must also pay to become citizens. “When you make it more difficult for some communities to become citizens, you are going to create issues with their engagement, attachment and identity of Canada,” Griffith said.

“I understand the rationale behind these government changes,” said Griffith, who worked for the government as the reforms were developed and rolled out, and retired in 2013.

“But I’m on the side of inclusion rather than exclusion. We need to make sure those who apply for citizenship take it seriously, but we don’t want to inadvertently create excessive barriers and shift the relationship of some of the communities with the country.”

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

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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.

citizenship oath

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. 

Immigration Department Closing Citizenship Applications to Reduce Backlog

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New Canadians taking the Oath of Citizenship. Citizenship application processing times have increased from 12 – 15 months in 2008 to 23 months today

Citizenship and Immigration Canada (CIC) is closing citizenship applications of unresponsive applicants in an effort to reduce its backlog and speed up application processing.

A new article by Postmedia News lists some factors that could be used to determine which applications are dormant:

Citizenship and Immigration will shut the files of those who fail to attend multiple scheduled citizenship tests or interviews. Applications submitted on or after April 17, 2009 will also be considered dormant and closed if applicants fail to provide proof of residency after receiving two notices to do so from the government.

CIC spokeswoman Andrea Khanjin told Postmedia News that 54,000 citizenship applicants did not show up for their citizenship test in just the last three years and that CIC estimates about 12,000 files will be closed soon under the new procedures.

Khanjin said that citizenship application processing will favour those who make an effort to comply with the process requirements over those who do not:

“Those who take their citizenship seriously will not have to wait in line behind those that don’t bother showing up to their citizenship test, interview, or who don’t respond to a residence questionnaire. The citizenship application process has been bogged down for too long by those that do not take Canadian citizenship seriously.”

Citizenship application processing times have increased in recent years, from 12 to 15 months in 2008 to 23 months in April of this year, leading to more funding being allotted by the federal government for citizenship application processing and, now, an effort to cut down the backlog of 350,000 applications by closing dormant files.

Dozens of Citizenship Events Held for Canada Day

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A screenshot of an interactive map on the CIC website showing the citizenship and affirmation ceremonies held on Canada Day (GOOGLE MAPS)

Over 30 special citizenship ceremonies were held across Canada, mostly in major cities, on Canada Day to mark the granting of citizenship status to Canadian permanent residents and to celebrate the country’s birthday.

Citizenship and Immigration Canada (CIC) included a map of all events on their website to direct Canadians who wanted to observe the ceremonies and welcome the new Canadians.

Also held across the country were four affirmation ceremonies, also called “The Great Canadian Oath” ceremonies, where individuals already holding Canadian citizenship ‘reaffirm’ their commitment to Canada, by recounting the Oath of Citizenship, singing the Canadian national anthem, “O Canada”, and talking about the importance of citizenship.

CIC Releases Audio Book Version of Citizenship Test Guide

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The Discover Canada: The Rights and Responsibilities of Citizenship guide is now available as an audio-text eBook (Citizenship and Immigration Canada)

Citizenship and Immigration Canada (CIC) announced the release of a downloadable audio eBook of the Discover Canada citizenship test guide on Friday.

The eBook allows a reader to listen to an audio version of the guide while they follow along by reading the text on any digital viewer.

Since launching in 2009, almost one million hard copies and 400,000 digital copies of the guide have been distributed, which CIC says makes it one of the most widely read government publications in Canadian history.

The audio portion of the eBook includes readings by well known Canadians Adrienne Clarkson, Ian Hanomansing and, in the French version, Jean-Benoît Rainville.

Citizenship and Immigration Minister Jason Kenney announced the new integrated audio eBook to coincide with Canada Day:

“I’m pleased to launch the audio eBook version of Discover Canada just in time for Canada Day. This is yet another way those studying for the citizenship test can learn about Canada’s history, values, symbols and important institutions.”

The new guide could help improve the pass rate of Canadian citizenship exam takers, which has fallen in recent years as the test has been made more difficult.

Citizenship Application Process to Get Easier With Test Re-Takes

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New Canadian citizens at the Oath of Citizenship ceremony. New rules will allow citizenship applicants who fail their citizenship knowledge test to re-take the test a few weeks later

Following recent changes to the citizenship application process that increased the difficulty of acquiring Canadian citizenship, including the introduction of proof of minimum language proficiency and an increase in the difficulty of the citizenship knowledge test, the federal government is reversing course to make it easier for permanent residents to meet citizenship eligibility requirements.

According to an announcement made on Monday, Citizenship and Immigration Canada (CIC) has begun providing permanent residents who take their citizenship test their results immediately, and if they fail, allowing them to book another test a few weeks later.

The previous rules required a citizenship applicant who failed the citizenship knowledge test to wait months to have an interview with a citizenship judge who would then decide if they would be granted citizenship.

The new rules will also apply to applicants who are currently waiting to see a citizenship judge due to having failed their knowledge test, allowing them to take their test in weeks and obtain citizenship.

Furthermore, CIC announced that family members are now able to obtain their citizenship individually without all members of their family getting approval of their citizenship application.

The previous rules required all members of a family to obtain their citizenship together, which prevented some individuals who otherwise qualified for citizenship to have to wait because the citizenship application of one member of their family was not approved.

The two new measures are expected to speed up the citizenship acquisition process.

Approximately 200,000 people become Canadian citizens each year, which is about two-thirds of the number who receive permanent residency.

The percentage of citizenship test takers who failed their exam nearly quadrupled from 2009 to 2011 due to a March 2010 change that raised the passing grade of the test and increased the number of topics it covered.