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

# have been a permanent resident (landed immigrant) of Canada for at least three of the four years immediately preceding the date of his or her application,

#*'''Note:''' For every day ''after'' a person becomes a permanent resident, the person is considered to have accumulated one whole day of residence in Canada. For every day ''before'' a person becomes a permanent resident, (e.g. studying in Canada) the person is considered to have accumulated ''half'' a day of residence in Canada. Therefore, a client that was a temporary resident in Canada, as a student, worker or visitor prior to becoming a permanent resident, may count that time in Canada as half time. E.g., if a client had lived in Canada as a student for one year, that counts as six months towards the residency requirement. A maximum of two years may be counted as one year towards fulfilling the residency requirement. The other two years required to fulfil the residency obligation must be accumulated as a permanent resident. <br/> The Residence Calculator on the Citizenship and Immigration Canada website is helpful but is not always accurate. It can only be a guideline to determining whether an individual has fulfilled the residency requirement, and if not, when the individual is eligible to apply for citizenship.

#*'''Note:''' If the client is between the ages of 18 and 54, the client is required to send proof of his or her ability to speak and listen in English or French in the citizenship application. Examples of acceptable documents that satisfy this requirement are the results of CIC-approved third-party tests; transcripts or diploma from a secondary or post-secondary education in English or French, in Canada or abroad; evidence of achieving [http://www.language.ca/ Canadian Language Benchmark (CLB)/Niveau de compétence linguistique canadien (NCLC)] level 4 or higher in certain government-funded language training programs. The full list of acceptable documents can be found on the CIC website.

# have an adequate knowledge of Canada and of the responsibilities and privileges of citizenship,

If the client is a woman who lost her citizenship by a law in force before January 1, 1947 because of her marriage or because her husband acquired foreign nationality, she can resume her citizenship as soon as she notifies the Minister of her intention and produces satisfactory evidence to prove she meets the requirements of 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.

# requires but has not obtained the consent of the Minister of Citizenship and Immigration, 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,

The four year residency requirement does not apply to children under the age of 18. There is no residency requirement for children applying under s 5(2). Parents who are citizens may apply for citizenship for their child as soon as the child becomes a permanent resident (s 5(2)). Adoptive parents who are citizens may bypass the permanent residency requirement, and may make an application for citizenship on behalf of their child directly (s 5.1(1)). However, in order to do so the adoption must “create a genuine relationship of parent and child”. Additionally, this direct route to citizenship is not available beyond the first generation of Canadians born or adopted abroad (i.e. the parents must derive their own citizenship by being born in Canada or through naturalization).

Section 5(4) allows the Governor in Council, in his or her discretion, to direct the Minister to grant citizenship to any person in order to alleviate cases of unusual hardship or to reward service of exceptional value to Canada, notwithstanding any other requirements under the Act. The relevant policy guideline of Citizenship and Immigration Canada can be found at this website: [http://www.cic.gc.ca/english/resources/manuals/index.asp www.cic.gc.ca/english/resources/manuals/index.asp]. Exceptions are granted so it is always worth considering this. The policy guideline is vital in this consideration.