Difference between revisions of "Introduction to Citizenship (17:I)"

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{{LSLAP Manual TOC|expanded = citizenship}}
{{LSLAP Manual TOC|expanded = citizenship}}
'''I. IMPORTANT NOTICE'''
2017 Bill C-6 received royal assent on June 19th, 2017 during the 2017 edit of this chapter. This bill contains many changes to the Citizenship Act, RSC 1985, c. C-29. Parts of the changes came into force upon the royal assent while other will come into force on a day to be fixed by order of the Governor in Council.
The changes that came into force on June 19th, 2017 have been integrated into this chapter during the 2017 edit, the changes that will come into force on a later day is summarized in the table below (source: www.canada.ca/en/immigration-refugees-citizenship/news/2017/06/bill_c-6_receivesroyalassent0.html). Please refer to the Citizenship Act, the full text of 2017 Bill- C-6 for details. Please refer to the Immigration Refugee and Citizenship Canada (IRCC) website for the latest information.
'''Changes expected to take effect in fall 2017'''
{| class="wikitable"
|-
! Previous Citizenship Act !! Citizenship Act with Bill C-6 Amendments
|-
| Applicants had to be physically present in Canada for four out of six years before applying for citizenship ||Applicants must be physically present in Canada for three out of five years before applying for citizenship
|-
| Applicants had to file Canadian income taxes, if required to do so under the Income Tax Act, for four out of six years, matching the physical presence requirement. || Applicants must file Canadian income taxes, if required to do so under the Income Tax Act, for three out of five years, matching the new physical presence requirement.
|-
| Applicants had to be physically present in Canada for 183 days in four out of the six years preceding their application. || This provision is repealed. Applicants no longer have to meet this requirement.
|-
| Time spent in Canada prior to becoming a permanent resident did not count towards the physical presence requirement for citizenship. || Applicants may count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship up to a maximum credit of 365 days.
|-
| Applicants between 14 and 64 years had to meet the language and knowledge requirements for citizenship. || Applicants between 18 and 54 years must meet the language and knowledge requirements for citizenship.
|}
'''Changes expected to take effect in early 2018'''
{| class="wikitable"
|-
! Previous Citizenship Act !! Citizenship Act with Bill C-6 Amendments
|-
| The Minister was the decision-maker for most cases of citizenship revocation on the grounds of false representation, fraud, or knowingly concealing material circumstance. The Federal Court was the decision-maker for citizenship revocation cases involving false representation, fraud, or knowingly concealing material circumstances related to security, human or international right violations, and organized criminality. || The Federal Court is the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision.
|-
| There was no clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents provided under the Citizenship Act. || Clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents is provided under the Citizenship Act.
|}


This chapter is primarily intended as a short guide of the basic process of obtaining a citizenship grant. For more detailed information refer to the [http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-29/latest/rsc-1985-c-c-29.html?resultIndex=1 ''Citizenship Act'', RSC 1985, c C-29] and [http://www.canlii.org/en/ca/laws/regu/sor-93-246/latest/sor-93-246.html?resultIndex=1 ''Citizenship Regulations'', SOR/93-246].
This chapter is primarily intended as a short guide of the basic process of obtaining a citizenship grant. For more detailed information refer to the [http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-29/latest/rsc-1985-c-c-29.html?resultIndex=1 ''Citizenship Act'', RSC 1985, c C-29] and [http://www.canlii.org/en/ca/laws/regu/sor-93-246/latest/sor-93-246.html?resultIndex=1 ''Citizenship Regulations'', SOR/93-246].

Revision as of 00:03, 5 August 2017



I. IMPORTANT NOTICE 2017 Bill C-6 received royal assent on June 19th, 2017 during the 2017 edit of this chapter. This bill contains many changes to the Citizenship Act, RSC 1985, c. C-29. Parts of the changes came into force upon the royal assent while other will come into force on a day to be fixed by order of the Governor in Council.

The changes that came into force on June 19th, 2017 have been integrated into this chapter during the 2017 edit, the changes that will come into force on a later day is summarized in the table below (source: www.canada.ca/en/immigration-refugees-citizenship/news/2017/06/bill_c-6_receivesroyalassent0.html). Please refer to the Citizenship Act, the full text of 2017 Bill- C-6 for details. Please refer to the Immigration Refugee and Citizenship Canada (IRCC) website for the latest information.


Changes expected to take effect in fall 2017

Previous Citizenship Act Citizenship Act with Bill C-6 Amendments
Applicants had to be physically present in Canada for four out of six years before applying for citizenship Applicants must be physically present in Canada for three out of five years before applying for citizenship
Applicants had to file Canadian income taxes, if required to do so under the Income Tax Act, for four out of six years, matching the physical presence requirement. Applicants must file Canadian income taxes, if required to do so under the Income Tax Act, for three out of five years, matching the new physical presence requirement.
Applicants had to be physically present in Canada for 183 days in four out of the six years preceding their application. This provision is repealed. Applicants no longer have to meet this requirement.
Time spent in Canada prior to becoming a permanent resident did not count towards the physical presence requirement for citizenship. Applicants may count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship up to a maximum credit of 365 days.
Applicants between 14 and 64 years had to meet the language and knowledge requirements for citizenship. Applicants between 18 and 54 years must meet the language and knowledge requirements for citizenship.

Changes expected to take effect in early 2018

Previous Citizenship Act Citizenship Act with Bill C-6 Amendments
The Minister was the decision-maker for most cases of citizenship revocation on the grounds of false representation, fraud, or knowingly concealing material circumstance. The Federal Court was the decision-maker for citizenship revocation cases involving false representation, fraud, or knowingly concealing material circumstances related to security, human or international right violations, and organized criminality. The Federal Court is the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision.
There was no clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents provided under the Citizenship Act. Clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents is provided under the Citizenship Act.

This chapter is primarily intended as a short guide of the basic process of obtaining a citizenship grant. For more detailed information refer to the Citizenship Act, RSC 1985, c C-29 and Citizenship Regulations, SOR/93-246.

This manual may aide individuals seeking assistance to determine whether they or their family members qualify for citizenship as well as individuals facing a removal of their citizenship status. Everyone should be encouraged to apply for citizenship as soon as they become eligible. It is important to be as thorough as possible with the initial citizenship application, as this is the best chance for obtaining citizenship.


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