Our Canadian immigration and refugee lawyers at Gerami Law PC are familiar with the requirements and the procedures involved for obtaining your citizenship and will ensure you are strongly positioned to succeed in this process.
Requirements for Canadian Citizenship continue to change by the day. On June 19, 2017, Bill C-6 passed reversing many of the changes made to the Canadian Citizenship process in 2014. Additional changes took place as of October 11, 2017, and more changes to the Citizenship Act are to take effect at later dates.
Citizenship Requirement Changes
The following table shows the changes in Citizenship Requirement in the recent years.
| Category | New Act 2017 | 2014/2015 | 2013 |
| Residency Requirements for Citizenship | PR must have resided in Canada at least 3 of the 5 years prior to application
(In effect Fall 2017) |
PR must have resided in Canada at least 4 of the 6 years prior to application | PR must have resided in Canada at least 3 of the 4 years prior to application |
| Language assessment | Applicants between the ages of 18 and 54 must meet basic knowledge and language requirements. Applicable criteria will be defined under future regulations | The Citizenship applicant need to prove language ability | Language is not a necessary requirement; individual could use an interpreter to prove knowledge of Canada |
| Age to take citizenship test | Individuals between 18 and 54 must take Citizenship knowledge test (In effect Fall 2017) | Individuals between 14 and 64 will need to take the Citizenship Test | Individuals between 18 and 54 need to take the Citizenship test |
| Revocation of Citizenship | Please see below | Please see below | Please see below |
| Citizenship is | A Privilege | A Right | |
| Residency | Restores consideration of time spent in Canada as a non-permanent resident (non-PR) for most applicants to a maximum of 365 days of credited time (In effect Fall 2017) | No time prior to being a permanent resident counts as for calculating the 4 out of 6 years for citizenship | Fifty percent of time as a student or as a live-in caregiver, prior to applying for Permanent Resident status counts in Citizenship application calculations |
| Tax returns | Must demonstrate that you filed income tax returns for 3 out of 5 years (In effect Fall 2017) | Must demonstrate that you filed income tax returns for 4 out of 6 years | Do not have to show any proof of filing tax returns |
| Intention to reside in Canada | Do not have to prove intent to reside in Canada; cannot lose citizenship for planning to reside somewhere else once you obtain citizenship | Requires promise of intent to reside in Canada once citizenship is obtained | Do not have to prove intent to reside in Canada; cannot lose citizenship for planning to reside somewhere else once you obtain citizenship. |
| Fast-tracking citizenship | Members of the military can apply for citizenship after having served for 3 years | Everyone could apply for citizenship after living in Canada for 3 out of 4 years | |
| Passing on citizenship for children born abroad | Children born to Canadian military members abroad, as well as Canadian diplomats abroad can pass on citizenship to their children born abroad | Only one generation can pass citizenship to its children if born abroad | |
| Minors | Allow minors the right to apply for citizenship without parents by removing age requirement under 5(1) | If the parents are rejected, the minor child would be as well. | |
| Stateless | Statelessness has been added as a stand-alone ground that can be considered for a discretionary grant of citizenship | The Minister has the discretion to grant citizenship to a person to alleviate cases of special and unusual hardship, or to reward services of an exceptional value to Canada | |
| Disability | The requirement to take into consideration reasonable measures to accommodate the needs of a citizenship applicant who is a disabled person is now included in the Citizenship Act | The Department has reasonable measures to accommodate the needs of citizenship applicants. However, there was no explicit reference to accommodate persons with disabilities in the Citizenship Act |
Revocation of Citizenship
New Act 2017
Citizenship can be revoked for:
- Repeals authority to revoke Canadian citizenship from dual citizens who served as members of an armed force of a country or an organized armed group engaged in armed conflict with Canada.
- Repeals authority to revoke Canadian citizenship from dual citizens who are convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received.
- Gives Canadians the right to appeal citizenship revocation before the Federal Court. (In effect Early 2018)
Previous Act 2014/2015
Citizenship can be revoked for:
- Misrepresentation:
This happens through a simple administrative process, not verified by courts, unless there is a special application by the applicant
It can also be revoked for dual citizens for:
- Being convicted of high treason
- Being convicted of terrorism
- Participating in an army at war with Canada
Old Act 2013 and Prior
Citizenship can be revoked for:
- Misrepresentation:
The government has to prove in court that there was in fact misrepresentation
Other Considerations
- Authorizes Minister to seize documents used in fraudulent citizenship applications. (In effect Early 2018)
- Individuals serving a conditional sentence cannot be granted citizenship, take the Oath, or count this time towards the physical presence requirements for citizenship
Citizenship Requirements for Adults
To qualify for applying for a Canadian citizenship you must:
- Be 18 years of age or over;
- Be a permanent resident with no unfulfilled conditions relating to your status as a permanent resident;
- Have been physically present in Canada for at least 1095 days in the five years immediately before the date of your application;
- Have met your tax filing obligations under the Income Tax Act for three taxation years that fall fully or partially within the five years immediately before the date of your application;
- Have an adequate knowledge of one of Canada’s official languages (if between 18-54 years old at the time of the application);
- Demonstrate, in one of Canada’s official languages, that you have an adequate knowledge of Canada and of the responsibilities and privileges of citizenship (if between 18-54 years old at the time of the application);
Furthermore, you must not be:
- Prohibited under section 22 of the Citizenship Act; and
- Under a removal order and are not the subject of a declaration by the Governor in Council made pursuant to section 20 of the Citizenship Act.
Requirements for Applying for your Child’s Citizenship
Children who are permanent residents can become Canadian citizens by:
- Applying at the same time as their parents, or after at least one of their parents has become a Canadian citizen, or
- Applying once they meet the residence requirements, regardless of the intentions or citizenships of their parents.
The requirement that you apply at the same time as your child, or have already become a citizen has been repealed. As of June 19, 2017, minors can qualify on their own without the need to have a Canadian parent.
To qualify for citizenship as a minor, your child must:
- Be under the age of 18 at the time of the application;
- Be a permanent resident with no unfulfilled conditions relating to their status as a permanent resident;
- Have been physically present in Canada for at least 1095 days in the five years immediately before the date of your application;
Furthermore, they must not be:
- Prohibited under section 22 of the Citizenship Act; and
- Under a removal order and are not the subject of a declaration by the Governor in Council made pursuant to section 20 of the Citizenship Act.
Citizenship Language Requirements
Canada has two official languages—English and French. If you are between 18-54 years old at the time of the application, to become a citizen you must show that you have adequate knowledge of one of these languages. In general, this means you can:
- Take part in short, everyday conversations about common topics;
- Understand simple instructions, questions and directions;
- Use basic grammar, including simple structures and tenses; and
- Show that you know enough common words and phrases to answer questions and express yourself.
Citizenship Residency Questionnaire
If you have been served with a Residency Questionnaire in the course of your citizenship application, this means you are required to provide additional information to prove your residency in Canada. We will prepare your Residency Questionnaire, explaining any travel history and working with you to provide additional supporting information. Gerami Law PC will strive to help you avoid any additional delays and to obtain your citizenship as soon as possible.
Impact of a Criminal Record on your Citizenship
If you have a criminal record, are facing criminal charges or have been ordered to leave Canada, you may not be eligible for citizenship. If you are on probation or are charged with a crime and waiting for a trial, Gerami Law PC would be glad to meet with you to discuss your case, and explain your rights and options.
You cannot become a citizen if you:
- Have been convicted of an indictable (criminal) offence or an offence under the Citizenship Act in the three years before you apply,
- Are currently charged with an offence under the Citizenship Act,
- Are in prison, on parole or on probation,
- Are serving a sentence outside Canada,
- Are under a removal order (Canadian officials have ordered you to leave Canada),
- Are being investigated for, are charged with, or have been convicted of a war crime or a crime against humanity, or
- Have had your Canadian citizenship taken away because of fraud in the past ten years
- Have been convicted of terrorism, high treason, treason, or spying offences while you were a permanent resident.
Time in prison or on parole does not count as time you have lived in Canada. Time on probation also does not count if you were convicted of a crime.
To learn more about how you can obtain Canadian citizenship, please contact our office to arrange for a Consultation.