Tuesday 8 September 2015

CHANGES TO THE CANADIAN CITIZENSHIP ACTCHANGES TO THE CANADIAN CITIZENSHIP ACT

CHANGES TO THE CANADIAN CITIZENSHIP ACT

The Canadian Citizenship Act has recently changed due to Bill C-24 - Strengthening Canadian Citizenship Act.

Citizenship and Immigration Canada (CIC) has made a number of changes to the Citizenship Act due to Bill C-24. This chart shows the new changes currently in practice compared to the previous.

THE FORMER CITIZENSHIP REQUIREMENTS

The old residency requirements require you to be:

Living in Canada for 3 out of 4 years (1,095 days) for citizenship eligibility;
No requirement that you be physically present.

In addition, you:

Can count time spent as a non-permanent resident (non-PR) toward residence for citizenship;
Do not need to prove that you “intend to reside” in Canada.

Citizenship applicants ages 18–54:

Must meet language requirements and pass knowledge test; upper age limit of 54 currently established by policy, not in legislation;
May use an interpreter to meet the knowledge requirement.
“Lost Canadians” are people who were not granted citizenship due to changes in the law. If you are a Lost Canadian, you may or may not have had your citizenship restored in 2009.
If you are an immigration consultant:
- You are not required to be registered or regulated in order to represent people in citizenship matters;
- There are few repercussions to deter you from fraud and tools to ensure the integrity of your programs;
Fines and penalties for fraud are a maximum of $1,000 and/or one year in prison.
The Governor in Council (GIC) makes the final decision to grant citizenship on a discretionary basis.
The Act does not define what a complete citizenship application is.
There is a 3-step decision-making process to decide on whether to accept your citizenship application.
You are not required to file Canadian income taxes to be eligible for citizenship.
If you have domestic criminal charges and convictions, you cannot get Canadian citizenship.
The Governor in Council (GIC) makes the final decision about whether to revoke your citizenship.
You cannot have your citizenship revoked for acts against Canada’s national interest.
If you are a member of the Canadian Armed Forces, there is no fast-track citizenship process for you to apply for.

CHANGES TO THE CITIZENSHIP ACT

NOW IN EFFECT

The new residency requirements require you to be:

Living in Canada for 4 years (1,460 days) out of 6 yearsfor citizenship eligibility;
Physically present in Canada for 183 days (minimum) per year in 4 out of 6 years.

In addition, you:

Cannot count time spent as a non-permanent resident (non-PR) toward residence for citizenship;
Must prove that you “intend to reside” in Canada.

Citizenship applicants ages 14-64

Must meet language requirements, and pass the citizenship test;
Must meet knowledge requirement in English or French (cannot use an interpreter).

Read about the new age requirements.

If you are a Lost Canadian born before 1947, you and your 1st generation children born abroad will be granted Canadian citizenship.

If you are an immigration consultant, the amended Act:

Defines who is an authorized representative
Develops regulations to designate a regulatory body. The members would be authorized to act as consultants in citizenship matters;
Can refuse your applicant for fraud;

Sets fines and penalties for fraud at a maximum of $100,000 and/or five years in prison.

The Citizenship and Immigration Canada (CIC) Ministercan decide to grant citizenship on a discretionary basis.

The amended Act defines what a complete citizenship application is what evidence you must provide when applying.

There is a 1-step decision-making process to decide on whether to accept your citizenship application.

View the infographic.

Read about the new one-step process.

You must file Canadian income taxes to be eligible for citizenship.

If you have domestic and/or foreign criminal charges and convictions you cannot get Canadian citizenship.

The Citizenship and Immigration Canada (CIC) Minister can revoke your citizenship, if it is a routine case.

The Federal Court decides whether to revoke your citizenship, if it is a complex case (e.g. war crimes, crimes against humanity, security, other human or international rights violations, and organized criminality).

Your citizenship can be revoked or denied it you are:

A dual citizen, or a PR in Canada; AND,
A member of an armed force or an organized armed group engaged in armed conflict with Canada; AND/OR,
Convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received.

If you are a PR serving with, or on exchange with, the Canadian Armed Forces, you can apply for citizenship under a fast-track process.

If you were a member of the Canadian Armed Forces (CAF) or a foreign military member who is/was attached or seconded to the CAF, you can apply for citizenship under afast-track citizenship process.

New Requirements for Canadian Cizenship as of June 15, 2015

Beginning on June 11, 2015, CIC will only accept the new application forms. Applications that were received on or after June 11, 2015 that do not use the latest version of the application will be considered incomplete and will be returned. Incomplete applications that were returned prior to June 11, 2015 must be resubmitted using the new application forms.

Citizenship and Immigration has also raised the fees for obtaining Canadian Citizenship to $630 per adult application and $200 for a minor.

Key changes in force June 11, 2015 include the following:

Applicants must now be physically present in Canada for at least 1,460 days (four years) during the six years before the date of their application, and they must be physically present in Canada for at least 183 days in each of four calendar years within the qualifying period. This is aimed at ensuring that citizenship applicants develop a strong attachment to Canada.
Applicants between the ages of 14 and 64 must meet basic knowledge and language requirements. This is aimed at ensuring that more new citizens are better prepared for life in Canada.
Citizenship will be automatically extended to additional "Lost Canadians" on June 11, who were born before 1947, and did not become citizens on January 1, 1947 when the first Canadian Citizenship Act came into effect. This will also apply to their children born in the first generation outside Canada.
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.
To help improve program integrity, there are now stronger penalties for fraud and misrepresentation (to a maximum fine of $100,000 and/or up to five years in prison). This is aimed at deterring unscrupulous applicants who are prepared to misrepresent themselves, or advise others to do so.
The newly designated Immigration Consultants of Canada Regulatory Council (ICCRC) is the new regulatory body for citizenship consultants. Only members of the ICCRC, lawyers or notaries (including paralegals and students at law) can be paid to provide citizenship applicants with representation or advice.
Requires 183 days minimum of physical presence in Canada during each of the four calendar years that are fully or partially within the six years immediately before the date of application (in effect June 11, 2015).

Eliminates use of time spent in Canada as a non-permanent resident (non-PR) for most applicants (in effect June 11, 2015).
Introduces "intent to reside" provision (in effect June 11, 2015).
Legislation now requires applicants aged 14–64 to meet language requirements and pass knowledge test (in effect June 11, 2015).
Extends citizenship to "Lost Canadians" born before 1947 as well as their first generation children born abroad (in effect June 11, 2015).
Expansion of criminal prohibitions to bar applicants for crimes committed abroad. (in effect June 11, 2015).
Newly designated Immigration Consultants of Canada Regulatory Council is the new regulatory body for citizenship consultants.
Gives the Minister of Citizenship and Immigration Canada the authority to refuse an application for recognized status as a consultant if applicant commits fraud.
Fines and penalties for fraud are up to a maximum $100,000 and/or up to five years in prison (in effect June 11, 2015).
New offences and penalties will be implemented for a person who counsels known misrepresentation or represents or advises a citizenship applicant and are unauthorized to do so (in effect June 11, 2015).
Gives Minister of Citizenship and Immigration authority to decide on most revocation cases.
Complex revocation cases such as war crimes, crimes against humanity, security, other human or international rights violations, and organized criminality decided by the Federal Court (in effect May 28, 2015).
Establishes authority to define what constitutes a complete application and what evidence applicants must provide (in effect since August 2014).
Changes citizenship grant to a single-step process for most applications that reduces duplication and improves processing times (in effect since August 2014).
Requires adult applicants to file Canadian income taxes, if required under the Income Tax Act, to be eligible for citizenship (in effect June 11, 2015).
Authority to revoke Canadian citizenship from dual citizens who served as members of an armed force of a country or an organized armed group engaged in armed conflict with Canada (in effect May 28, 2015).
Authority to revoke Canadian citizenship from dual citizens who are convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received (in effect May 28, 2015).
Authority to deny Canadian citizenship to permanent residents who served as members of an armed force of a country or an organized armed group engaged in armed conflict with Canada or who are convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received (in effect June 11, 2015).
Applicants can be refused for misrepresenting or withholding material facts on applications and are subsequently barred from being granted citizenship for five years (in effect May 28, 2015).
Creates a fast-track mechanism for citizenship for individuals serving or on exchange with the Canadian Armed Forces to honour their service to Canada (in effect since June 2014).

The changes to the Canadian Citizenship procedure clearly make it much harder and more expensive to become a Citizen of Canada. In addition CIC is requiring strong proof of actual residence in Canada as part of the Citizenship Application process

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