Canada Citizenship
Citizenship Applications:
Canadian citizenship is automatically granted to individuals born in Canada or to those born abroad to a parent who is a first-generation Canadian citizen. Additionally, permanent residents have the opportunity to apply for citizenship through a process known as "naturalization." Children of naturalized Canadian citizens also gain citizenship automatically, even if they are born outside Canada.
Bill C-71: Enhancing Citizenship by Descent with New Residency Criteria:
Bill C-71 introduces significant amendments to the Citizenship Act, primarily focusing on facilitating citizenship by descent. This legislative change, introduced on May 23, 2024, aims to address the constraints imposed by the first-generation limit that has restricted many Canadians born abroad from passing citizenship to their children born outside of Canada.
A central feature of Bill C-71 is the introduction of a new requirement for Canadian parents born outside Canada. These parents must now demonstrate a substantial connection to Canada by having lived in the country for at least 1095 days (three years) before their children's birth. This requirement ensures that citizenship is passed on by those with a meaningful bond to the country, reinforcing the value of Canadian citizenship.
This change not only makes the citizenship process more inclusive but also aligns with the principles of fairness and connection to the nation. By implementing these new residency requirements, Bill C-71 aims to extend the privilege and responsibilities of Canadian citizenship to a broader and more diverse group of people, reflecting Canada's commitment to welcoming and integrating its global citizens.
Dual Citizenship:
Canada recognizes and allows dual citizenship. This means permanent residents who obtain Canadian citizenship can retain their original citizenship, provided the laws of their native country also permit dual citizenship.
Applying for Citizenship – Residency Criteria:
To be eligible for Canadian citizenship, permanent residents must fulfill a residency obligation. The Citizenship Act mandates that permanent residents must have been physically present in Canada for at least three years (1,095 days) during the five years before submitting their application. Additionally, time spent in Canada as a legal temporary resident before achieving permanent residency counts as half, up to a maximum of 365 days. Applicants must also have filed income tax returns in Canada for at least three of the five years, if applicable under the Income Tax Act.
Citizenship Knowledge Test:
Applicants for Canadian citizenship are required to pass a knowledge test about Canada. This test is mandatory for applicants between 17 and 55 years old, demonstrating their understanding of Canada's history, social and political structure, and other relevant topics.
The test material is based on the "Discover Canada: The Rights and Responsibilities of Citizenship" booklet, provided to each applicant before the test. The written test consists of 20 multiple-choice questions, with a passing score of 15 correct answers. Applicants who do not pass the test on their first attempt will have the opportunity to retake it. If unsuccessful again, they will be interviewed by a citizenship officer for an oral version of the test.
Citizenship Revocation in Canada:
Citizenship revocation in Canada applies to naturalized citizens who have gained their citizenship through fraudulent means, either during the citizenship application or in the process of obtaining permanent residence. The procedure ensures due process is given to individuals suspected of fraud.
Initiation of Citizenship Revocation:
The Minister of Citizenship and Immigration initiates the revocation process, but the final decision rests with the Federal Court. Typically, the process begins with a “Request for Information Letter” from the Citizenship Authorities, outlining the allegations and giving the citizen 30 days to respond.
Based on the response, authorities decide whether to proceed with formal revocation.
The Revocation Procedure:
The process includes a review by IRCC officials, who determine whether to continue proceedings or refer the case to the Federal Court. Individuals can choose to have the immigration minister decide their case, with an option to later request a Federal Court review. Key considerations include potential fraud or misrepresentation, the impact on any children involved, and the risk of statelessness for the citizen.
Consequences of Revocation:
If fraud occurred in the citizenship application, the individual reverts to permanent resident status. If fraud was in obtaining permanent residence, the individual loses both citizenship and permanent residence, becoming a foreign national or potentially stateless.
Those stripped of all status may face removal proceedings.
Understanding the Distinctions Between Revocation and Renunciation of Citizenship
- Renunciation of Citizenship: Renunciation is a deliberate and voluntary process where an individual chooses to relinquish their Canadian citizenship. This decision means giving up all associated rights and privileges of being a Canadian citizen, which is done through a self-initiated application. Notably, individuals who renounce their citizenship retain the potential to regain it in the future.
- Revocation of Citizenship: In contrast, revocation of citizenship is an involuntary action, initiated not by the individual but by Immigration, Refugees and Citizenship Canada (IRCC). This process typically occurs when there are grounds such as fraud or misrepresentation. After citizenship is revoked, an individual may reapply for citizenship, but this is only possible after a waiting period of 10 years, and only if they meet the eligibility criteria at that time.