An overview of proposed changes to the Canadian Citizenship Act

Posted on March 3, 2016 by CICS Immigration Team

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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

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.

Only 26% of Canadian immigrants acquired Canadian Citizenship

Posted on March 28, 2015 by CICS Immigration Team

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

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.