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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.

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