Difference between revisions of "Citizenship Grants: How to Become a Canadian Citizen (17:V)"

Jump to navigation Jump to search
Line 46: Line 46:
== C. Prohibitions (ss 19 & 22 of the Act) ==
== C. Prohibitions (ss 19 & 22 of the Act) ==


Persons will not be granted citizenship under [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont ss 5(1),(2) or (4)] or [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-5.html#docCont 11(1)] of the ''Citizenship Act'', or take the oath of citizenship, if the person:
Persons will not be granted citizenship under ss 5(1),(2) or (4) or 11(1) of the Citizenship Act, or take the oath of citizenship, if the person:
* is under a probation order,
 
* is a paroled inmate,
a) Is under a probation order,
* is serving a term of imprisonment
 
* is charged with, on trial for, subject to, or a party to an appeal relating to an offence under the [http://laws-lois.justice.gc.ca/eng/acts/C-29/index.html#docCont ''Citizenship Act''] or any indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the [http://laws.justice.gc.ca/eng/acts/c-38.7/ ''Contraventions Act,'' SC 1992, c 47 [''Contraventions Act''<nowiki>]</nowiki>],
b) Is a paroled inmate,
* requires but has not obtained the consent of the Minister of Immigration, Refugees and Citizenship, under [http://laws.justice.gc.ca/eng/acts/i-2.5/page-10.html#h-28 s 52(1) of the ''Immigration and Refugee Protection Act,'' SC 2001, c 27 [''Immigration and Refugee Protection Act''<nowiki>]</nowiki>], to be admitted to and remain in Canada as a permanent resident,
 
* is under investigation by the Minister of Justice, the RCMP, or the Canadian Security Intelligence Service or charged with, on trial for, a party to an appeal, or has been convicted of an act or omission referred to in [http://laws-lois.justice.gc.ca/eng/acts/C-46/page-2.html#h-4 s 7(3.71) of the ''Criminal Code,'' RSC 1985, c. C-46], (war crimes or crimes against humanity),
c) Is serving a term of imprisonment,
* in the three year period immediately preceding the date of the citizenship application, or during the period between the date of the application and the date citizenship would be granted or the oath of citizenship would be recited, the person has been convicted of an offence under [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-9.html#h-10 s 29(2) or (3)] or of an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the [http://laws.justice.gc.ca/eng/acts/c-38.7/ ''Contraventions Act''], or
 
* during the five years immediately preceding the citizenship application, ceased to be a citizen pursuant to [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-9.html#h-10 s 10(1)], where the Governor in Council was satisfied that the person has obtained, retained, renounced or resumed citizenship under the ''Citizenship Act'' by false representation or fraud or by knowingly concealing material circumstances.
d) Is charged with, on trial for, subject to, or a party to an appeal relating to an offence under the Citizenship Act or any indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act, SC 1992, c 47 [Contraventions Act],
 
e) Requires but has not obtained the consent of the Minister of Immigration, Refugees and Citizenship, under s 52(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [Immigration and Refugee Protection Act], to be admitted to and remain in Canada as a permanent resident,
 
f) Is under investigation by the Minister of Justice, the RCMP, or the Canadian Security Intelligence Service or charged with, on trial for, a party to an appeal, or has been convicted of an act or omission referred to in s 7(3.71) of the Criminal Code, RSC 1985, c. C-46, (war crimes or crimes against humanity),
 
g) In the three year period immediately preceding the date of the citizenship application, or during the period between the date of the application and the date citizenship would be granted or the oath of citizenship would be recited, the person has been convicted of an offence under s 29(2) or (3) or of an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act, or
 
h) During the five years immediately preceding the citizenship application, ceased to be a citizen pursuant to s 10(1), where the Governor in Council was satisfied that the person has obtained, retained, renounced or resumed citizenship under the Citizenship Act by false representation or fraud or by knowingly concealing material circumstances.  


Time spent in a prison, on parole or on probation does not count towards fulfilling the residency requirement.
Time spent in a prison, on parole or on probation does not count towards fulfilling the residency requirement.


Additionally, citizenship will not be granted where there are reasonable grounds to believe that an applicant will engage in activity that:
Additionally, citizenship will not be granted where there are reasonable grounds to believe that an applicant will engage in activity that:
* constitutes a threat to the security of Canada, or
 
* is part of a pattern of criminal activity planned and organized by a number of persons acting in concert to commit any offence that is punishable by indictment under any Act of Parliament.
a) Constitutes a threat to the security of Canada, or
b) Is part of a pattern of criminal activity planned and organized by a number of persons acting in concert to commit any offence that is punishable by indictment under any Act of Parliament.


Persons not approved for these reasons will have any applications or appeals rejected and this declaration will have effect for three years after the date on which it has been made.
Persons not approved for these reasons will have any applications or appeals rejected and this declaration will have effect for three years after the date on which it has been made.