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Canada Citizenship Week -- Latest News in Citizenship Processing

11/10/2018

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This week is Canada Citizenship Week and marks one year since the Bill C-6 came into effect last year introducing important changes in citizenship laws and regulations. So how have these changes been implemented over the past year and what impact has this had on those interested in obtaining Canadian citizenship?

Number of applications
The biggest change that came into effect in October 2017 was the reduction in time that permanent residents had to be physically present in Canada before qualifying for citizenship. The minimum time physically spent in Canada was reduced from 4 out of 6 years to 3 out of 5 years. As a result of this change, the number of applications for Canadian citizenship has doubled from approximately 100,000 in 2016-2017 to more than 240,000 in 2017-2018.

Processing time for citizenship applications
Since the changes in eligibility were introduced Immigration, Refugees and Citizenship Canada (IRCC) has maintained that routine applications will be processed within 12 months. Within the first year since the changes came into effect, IRCC estimates that 152,000 permanent residents have have obtained citizenship under these new rules and IRCC is trying to maintain its commitment to process applications within 12 months.

Top Tips for New Citizenship Applications
1) Verify your dates to ensure eligibility: in order to be eligible for Canadian citizenship you must have been physically present in Canada for at least 1,095 days in the past 5 years before you submit your application. You should check your dates based on your passport stamps and airline tickets. If you have travelled extensively to a country that does not stamp your passport you may consider applying for entry-exit records in order to have have a completely accurate list of all dates you were absent from Canada. Citizenship officers review all dates thoroughly and I have seen applications refused for being short just one day.

2) Check, check and check again: if you prepare your own application you should carefully check your application several times to ensure all questions are answered and that information provided is correct. And if you choose to have a representative prepare your application you should remember that you bear the ultimate responsibility for the information submitted on your behalf and should review your application before you sign the forms.

3) Complete supporting documents: by submitting all the required documents including copies of passports, proof of language ability, police clearances and so on, you will prevent delays in the processing of your application. You should also note that any documents that are not in English need to be officially translated. I advise all applicants that they should carefully review all translations to ensure that all information is correctly translated and avoid costly delays and issues that may arise from incorrect translations.

4) Be prepared for your citizenship test: if you are between 18 and 54 you will be required to undertake the citizenship test. The test is a serious matter and you have to get at least 15 out of 20 questions right in order to pass the citizenship test and you should adequately prepare by studying before your citizenship test.

5) If you receive a citizenship questionnaire seek assistance immediately: you may receive a citizenship questionnaire requesting additional documents and information after you submit your application. It is important to speak with an experienced immigration lawyer to understand the request and respond in a timely manner with all the information and documents requests.


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Understanding and Applying for Canadian Citizenship – Part 3: “A Canadian is a Canadian is a Canadian”

28/10/2017

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Picture
​Prime Minister Trudeau's proclamation in the Munk Debate leading up to the federal election in October 2015 that “a Canadian is a Canadian, is a Canadian” was intended signal that there is only one class of citizenship and you will be treated the same irrespective of how you obtain your Canadian citizenship or whether you hold any other nationalities.

The recent changes in the Citizenship Act introduced by the Liberal government worked to remove the provisions from Bill C-24 that reduced the rights of some citizens and allowed them to be treated differently and restored the core principle of equal citizenship for every Canadian.

So, with the Prime Minister's declaration that “a Canadian is a Canadian is a Canadian” is there any difference you will experience based on the way in which you became a citizen? The short answer is yes – your ability to pass along citizenship to your children may be affected by the manner in which you became a citizen.

How can you become a Canadian Citizen:
There are a number of ways in which someone can become a Canadian Citizen. These include:
  1. Citizen by birth: in most cases if you are born in Canada you are automatically a citizen by birth
  2. Citizen by descent: if you are born outside of Canada to a Canadian citizen parent, you may become a citizen by descent
  3. Citizen by grant or naturalization: if you apply to become a Canadian citizen upon meeting the eligibility requirements (such as having lived here for the required period of time) you will become a naturalized citizen

There are exceptions to these general categories as well. For example, children born to foreign diplomats are generally not granted Canadian citizenship. Canada also has categories of citizens that come from the definitions and changes in the Citizenship Act from 1947 onwards.

More importantly, in the case of citizenship by descent, not all current Canadian citizens can pass along in the same way and their ability to pass along citizenship to their children will depend on how they acquired citizenship themselves. As of April 17, 2009 the Citizenship Act changed such that if you are born outside of Canada to parents who also obtained their citizenship by descent when they were born outside of Canada, you would not automatically obtain Canadian citizenship. This is in contrast to a child born outside of Canada to parents who are either Canadian citizens by naturalization or born in Canada.

The reason for this one generation limit on citizenship by descent is to prevent automatic passing on Canadian citizenship beyond the first generation for those who obtain citizenship by descent outside of Canada and likely have fewer ties with Canada. However, the fact that you do not automatically become a Canadian citizen is not necessarily the end of the analysis. There may be ways in which we can apply for you to obtain permanent residence status and then subsequently apply for a grant of citizenship. Therefore, how a person acquires citizenship will have a direct impact on his or her ability to pass along the citizenship to future generations.

The analysis of these types of cases can be very complicated and there are many exceptions that should be examined before we can determine if someone is or is not a Canadian citizen. In such complicated cases, you should seek legal advice and work with your lawyer to accurately assess your situation and determine the appropriate course of action.

Even though citizens by descent are limited in their ability to pass along their citizenship, they enjoy the same citizenship rights and privileges in Canada as all other citizens. The beauty of Canada's multicultural society is in its ability to allow people who have arrived at Canadian citizenship through different paths to be treated equally and to live together in harmony.

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    Authors: 
    Zeynab Ziaie 
    Zahra Ziaie 

    Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case. 

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