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

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{{REVIEWED LSLAP | date= July 10, 2020}}
{{REVIEWED LSLAP | date= August 16, 2021}}
{{LSLAP Manual TOC|expanded = citizenship}}
{{LSLAP Manual TOC|expanded = citizenship}}


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To be granted citizenship, applicants must meet the required qualifications (as set out in s 5(1) of the Citizenship Act). An applicant must:
To be granted citizenship, applicants must meet the required qualifications (as set out in s 5(1) of the Citizenship Act). An applicant must:


a. Make an application for citizenship,  
a. Make an application for citizenship, or, in the case of a minor, has a person empowered to act on their behalf make the application


b. Have, since becoming a permanent resident,  
b.      Be a PR with no unfulfilled conditions relating to their status as PR
 
c. Have, since becoming a permanent resident,  


:i. been physically present in Canada for at least 1095 days in the five(5) years immediately before the date of submission of the application  for citizenship.
:i. been physically present in Canada for at least 1095 days in the five(5) years immediately before the date of submission of the application  for citizenship.
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:iv. with regard to the period of physical presence, please refer to the Citizenship Act ss. 1.01, 1.02, 1.03, 1.2 & 1.3 for detais of exceptions  
:iv. with regard to the period of physical presence, please refer to the Citizenship Act ss. 1.01, 1.02, 1.03, 1.2 & 1.3 for detais of exceptions  


c. Submit proof that they can speak and listen at Canadian Language Benchmark (CLB) Level 4 or higher.  
d. For those aged 18-54 years old: Submit proof that they can speak and listen at Canadian Language Benchmark (CLB) Level 4 or higher.  


d. Have an adequate knowledge of Canada and of the responsibilities and privileges of citizenship if the person is between 18 and 54 years of age, and
e. For those aged 18-54 years old: Take a citizenship test, showing adequate knowledge of Canada and of the responsibilities and privileges of citizenship;


e. Must not be under a prohibition (see C. Prohibitions).
f.      Must not be under a removal order; and
 
g. Must not be under a prohibition (see C. Prohibitions).


'''NOTE:''' The Residence Calculator on the IRCC website is currently accepted by IRCC as a method for calculating presence in Canada. Applicants can print off the results of the calculator and include them with their citizenship application.
'''NOTE:''' The Residence Calculator on the IRCC website is currently accepted by IRCC as a method for calculating presence in Canada. Applicants can print off the results of the calculator and include them with their citizenship application.
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b) Was a citizen and lost citizenship by means other than revocation,<br>
b) Was a citizen and lost citizenship by means other than revocation,<br>
c) Became a permanent resident after the loss of citizenship,<br>
c) Became a permanent resident after the loss of citizenship,<br>
d) Lived in Canada as a permanent resident for at least one year immediately before the application,<br>
d) d) Lived in Canada as a permanent resident for at least one year during the two years immediately before the application, and filed income tax (if required) for the last taxation year immediately before the application,
e) Is not under a prohibition for certain criminal charges and convictions,<br>
e) Is not under a prohibition for certain criminal charges and convictions,<br>
f) Is not under a removal order (e.g. deportation), and<br>
f) Is not under a removal order (e.g. deportation), and<br>
g) Does not present a security risk.
g) Does not present a security risk.


Women who lost their citizenship by a law in force before January 1, 1947 because of their marriage or because their husband acquired foreign nationality can resume their citizenship as soon as they notifies the Minister of their intention and produce satisfactory evidence to prove they meet the requirements of [http://www.cic.gc.ca/english/citizenship/language.asp s 11(2)]. The applicant should provide the reasons she wants another certificate of citizenship and should surrender all previous certificates either at the time of application or when she receives her new certificate. Where the applicant has lost or destroyed her certificate of naturalization or citizenship, she must provide the details of that loss or destruction.
Women who lost their citizenship by a law in force before January 1, 1947 because of their marriage or because their husband acquired foreign nationality can resume their citizenship as soon as they notify the Minister of their intention and produce satisfactory evidence to prove they meet the requirements of [http://www.cic.gc.ca/english/citizenship/language.asp s 11(2)]. The applicant should provide the reasons she wants another certificate of citizenship and should surrender all previous certificates either at the time of application or when she receives her new certificate. Where the applicant has lost or destroyed her certificate of naturalization or citizenship, she must provide the details of that loss or destruction.


== C. Prohibitions (ss 19 & 22 of the Act) ==
== C. Prohibitions (ss 19 & 22 of the Act) ==
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c) Is serving a term of imprisonment,
c) Is serving a term of imprisonment,


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],
d) d) While the person is serving a sentence outside Canada for an offence committed outside Canada that, if committed in Canada, would constitute an offence under an enactment in force in Canada;
 
e) 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],
 
f) 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,
 
g) 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),


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,
h) Convicted of certain crimes against humanity or war crimes;


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),
i) If the applicant misrepresents or withhold important or relevant facts that could induce immigration authorities to make an error in administering immigration laws and regulations with respect to their application;


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
j) In the four 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.  
h) During the ten 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.
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