On February 28, 2015, the Government of Canada announced in the Canada Gazette that it would begin enhanced information sharing between Citizenship and Immigration Canada (“CIC”) and the Canada Revenue Agency (“CRA“). To many representatives who have been stunned at how many people can seemingly get away with reporting different information to the two government departments this is welcome news.
Canada to Change Citizenship Requirements
On February 6, 2014 the Government of Canada introduced Bill C-24, The Strengthening Canadian Citizenship Act. If passed, Bill C-24 will significantly change the requirements for Canadian citizenship. Prospective citizenship applicants who may not meet the new requirements once Bill C-24 passes are encouraged to apply for Canadian citizenship as soon as possible. The new residency provisions described below will come into effect on June 11, 2015. The following is a summary of the main changes that the Government of Canada is introducing. Residence and other Basic Requirements Under Canada’s current system, a permanent resident can apply for Canadian citizenship if he/she has resided in Canada for three out of the four years preceding the citizenship application. Because the definition of “residence” is not defined, it has been possible for permanent residents who have not been physically present in Canada for three out of four years to obtain citizenship if they could show substantial ties to Canada. As well, each day that an applicant lawfully resides in Canada before becoming a permanent resident counts as a half-day towards the residency requirement. This means that many people can apply for citizenship 2 years after obtaining permanent resident status. Finally, Canada’s current citizenship requirements do … Read More
Ontario Superior Court upholds Constitutionality of Citizenship Oath Requirement
On September 20, 2013, Justice Edward Morgan of the Ontario Superior Court of Justice (the “ONSC“) released his decision in McAteer et al v. Attorney General of Canada, 2013 ONSC 5895 (“McAteer“). McAteer involved a constitutional challenge to the citizenship oath requirement on the grounds that the requirement violates the constitutional protections of freedom of expression, freedom of religion, and equality that are found in The Canadian Charter of Rights and Freedoms (the “Charter“). Ultimately, while the ONSC determined that the citizenship oath requirement does indeed violate s. 2(b) of the Charter‘s right to freedom of expression, the ONSC ultimately found that the breach was justified under the reasonable limits test under s. 1. The ONSC also held that the citizenship oath requirement does not breach either s. 2(a) or 15 of the Charter, which protect freedom of religion and equality. In reaching its decision, the ONSC interpreted the citizenship oath’s references to the queen in a very different way than I think most people do. It is this interpretation that is going to be the subject of this blog post, as I think the McAteer decision can provide some meaning and significance to potential oath takers. (For those interested in reading a summary of how Justice Morgan analysed the Charter challenges, … Read More
The Residency Test for Citizenship
Confusion exists regarding what the residency test for citizenship is. Bill C-37 provides that someone must be physically present in Canada for three out of the four years before applying for citizenship. However, this Bill is not yet in force. The Koo test therefore still applies.
Revocation of Citizenship and Statelessness
I have received several questions about whether Jason Kenney is breaking international law by revoking peoples’ Canadian citizenship. Specifically, many readers want to know whether international legal norms permit a country to render someone stateless. For those who are not familiar with the term “statelessness,” it refers to individuals who are not a citizen of any country. The question arises because presumably some of the people who are the subject of citizenship revocation proceedings are only citizens of Canada, and not of other nations. The 1961 Convention on the Reduction of Statelessness is the treaty that governs statelessness in the case of non-refugees. It articulates international legal principles governing the interaction between states and the conferral and revocation of citizenship to people residing within the state. Canada ratified the treaty on July 17, 1978. Article 8 of the 1961 Convention on the Reduction of Statelessness provides that: Article 8 1. A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless. 2. Notwithstanding the provisions of paragraph 1 of this Article, a personmay be deprived of the nationality of a Contracting State: (a) [where a person resides abroad for a period of seven consecutive years and … Read More
Changes to Language Requirements
New Language Requirements for Citizenship and PNP Applications Citizenship and Immigration Canada (“CIC”) has introduced new language requirements for citizenship applications and certain provincial nominee applications. For citizenship applications, the changes will introduce objective language requirements for most applicantions. For certain provincial nominee program (“PNP”) applications, the changes will introduce mandatory language testing. The Citizenship Langugage Requirements Applicants for Canadian citizenship are required to demonstrate that they have an adequate knowledge of either English or French. Currently, this is done through a multiple choice written test known as the Citizenship Exam, which also tests knowledge of Canada and the responsibilities of citizenship. On April 21, 2012, the Government of Canada introduced regulatory changes that when they take affect will require that citizenship applicants enclose proof that they meet the language requirement with their citizenship application. Acceptable means of proof will include: A language test result from an authorized testing agency; Evidence of completion of secondary or post-secondary education in English or French; or Evidence of completion and achievement of a certain level in a government-funded language training program. Applicants submitting test results from an authorized testing agency will have to achieve a minimum standard of Canadian Language Benchmark (“CLB”) … Read More
The Conservative Party of Canada Convention and Stripping People of Citizenship
The governing Conservative Party of Canada is having their convention from June 9-11. One of the measures that the party will be debating is whether to adopt as official party a policy that would strip people of their citizenship if they take up arms against the Canadian Armed Forces or its allies. The proposal reads: 98. Canadian Citizenship and High Treason The Conservative Party of Canada believes that any Canadian citizen, whether by birth or by naturalized grant of Canadian citizenship or by claim of landed immigrant or refugee status in Canada who commits treason by taking up arms against the Canadian Forces or the Forces of Canada’s Allies automatically invalidates his or her Canadian citizenship or claim to Canadian citizenship and, if and when returned to the jurisdiction of the Canadian Legal System, should be tried for high treason under the Canadian Criminal Code. This is an interesting proposal, and before vigorously supporting or opposing it one should consider the following questions and issues that inevitably emerge from adopting such a policy: Do you think that a person who fights against the Canadian military should lose their citizenship? If yes, then do you think that that should extend to … Read More
Limitations on Citizenship by Descent
There are two ways that a person can be born a Canadian citizen. The first is if a person is born in Canada. The second is if a person is born to a Canadian parent, also known as citizenship by descent. However, it is important for Canadians abroad to note that as of 2009, citizenship by descent is effectively limited to one generation born outside Canada. The Legislation Section 3(3)(a) of the Citizenship Act (the “Act“) provides that: (3) Subsection (1) does not apply to a person born outside Canada (a) if, at the time of his or her birth or adoption, only one of the person’s parents is a citizen and that parent is a citizen under paragraph (1)(b), (c.1), (e), (g) or (h), or both of the person’s parents are citizens under any of those paragraphs; Subsection 3(1)(b) of the Act provides that: 3. (1) Subject to this Act, a person is a citizen if (b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen; Subsection 3(1)(c.1) provides that: 3. (1) Subject to this Act, a … Read More
Citizenship Test to Now Test Rights and Privileges of Citizenship | 新試題或考起中台移民
The Citizenship Test has been expanded to include questions on architecture and volunteerism.
Canada and Birthright Citizenship
Those reading about the immigration debate raging in the United States over Arizona’s recent attempt at passing Senate Bill 1070 might be forgiven for missing a quieter discussion that is taking place in the immigration community about recent calls by prominent Republicans for the abolition of birthright citizenship. Should Canada do the same?