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Thursday, 6 February 2025

"A Guide to Canadian Citizenship: New Rules and Key Requirements for 2025"



 As of February 6, 2025, the requirements for obtaining Canadian citizenship remain consistent with previous guidelines. However, it's important to note that changes are anticipated soon, particularly concerning the "first-generation limit" on citizenship by descent. Here's an overview:

Current Requirements for Canadian Citizenship:

  1. Permanent Resident (PR) Status: Applicants must hold valid PR status in Canada and have no unfulfilled conditions related to their PR.

  2. Physical Presence: Applicants are required to have been physically present in Canada for at least 1,095 days (three years) within the five years preceding their application.

  3. Tax Obligations: Filing Canadian income taxes for at least three years within the five years is mandatory.

  4. Language Proficiency: Individuals aged 18 to 54 must demonstrate proficiency in either English or French.

  5. Citizenship Test: Applicants between 18 and 54 years old need to pass a citizenship test that assesses knowledge of Canada's history, values, institutions, and symbols.

  6. Oath of Citizenship: All applicants aged 14 and above must take the Oath of Citizenship in a formal ceremony.

Upcoming Changes:

The "first-generation limit" currently restricts Canadian citizens born abroad from passing their citizenship to children also born outside Canada. In December 2023, the Ontario Superior Court of Justice declared this limit unconstitutional but suspended the declaration until March 19, 2025. This suspension allows the federal government time to amend the Citizenship Act accordingly.

However, due to the prorogation of Parliament until March 24, 2025, the government will miss the March 19 deadline for implementing these changes. As a result, the current first-generation limit remains in effect until further notice.

Recent Developments:

In December 2023, the Ontario Superior Court of Justice declared the first-generation limit on citizenship unconstitutional. This provision previously restricted Canadian citizens born abroad from passing their citizenship to children also born outside Canada. The court suspended this declaration until March 19, 2025, meaning the current rules still apply until further notice.

The federal government introduced Bill C-71 to amend the Citizenship Act, aiming to allow citizenship by descent to the second generation, provided the child’s parent spent at least 1,095 days in Canada before the child's birth or adoption. However, due to Parliament's prorogation until March 24, 2025, the government will miss the March 19, 2025, deadline to amend the Citizenship Act. Consequently, the current rules remain in effect until further legislative action is taken.

For the most current information, it's advisable to consult official government sources or seek legal advice, as immigration laws and policies are subject to change.

Conclusion:

While the core requirements for Canadian citizenship have not changed, potential applicants should stay informed about forthcoming amendments, especially those related to citizenship by descent. For the most current information, regularly consult official government resources or seek advice from qualified immigration professionals.

Recent developments have introduced changes to Canadian citizenship requirements, particularly concerning citizenship by descent. The Ontario Superior Court of Justice declared the first-generation limit on citizenship unconstitutional in December 2023, suspending the declaration until March 19, 2025. This means the current rules still apply until further notice.

The federal government introduced Bill C-71 to amend the Citizenship Act, aiming to allow citizenship by descent to the second generation, provided the child’s parent spent at least 1,095 days in Canada before the child's birth or adoption. However, due to Parliament's prorogation until March 24, 2025, the government will miss the March 19, 2025, deadline to amend the Citizenship Act. Consequently, the current rules remain in effect until further legislative action is taken.

Regarding general citizenship requirements, applicants must be permanent residents of Canada and meet specific residency conditions. For adults (18+ years), this includes having permanent resident status and fulfilling all residency conditions. Minors (under 18 years) must be permanent residents and have a parent who is either a Canadian citizen or is applying for citizenship at the same time. Spouses of Canadian citizens do not automatically become citizens upon marriage and must meet the same requirements as other applicants.

For the most current information, it's advisable to consult official government sources or seek legal advice, as immigration laws and policies are subject to change.

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