There are several ways to gain Canadian citizenship, as provided in the Citizenship Act, including but not limited to: 

• If born in Canada (subject to a few exceptions); 
• If born outside of Canada to a Canadian parent (subject to the first-generation limit); and 
• If previously a permanent resident and applied for and met the requirements for a grant of Canadian citizenship.

Regardless of how you obtain your Canadian citizenship, as above, Canadian law now recognizes dual citizenship so acquiring a new nationality or citizenship, or becoming a Canadian citizen with an existing nationality or citizenship, is permitted under Canadian citizenship law. While dual citizenship is recognized in Canada, the citizenship laws in other countries may differ greatly, so we strongly suggest you confirm with a lawyer in the relevant jurisdiction if dual citizenship is recognized in that country.  

Other benefits to having Canadian citizenship include: 

• The ability to enter and exit Canada, as well as travel within the country; 
• The ability to apply for a Canadian passport; and 
• The ability to vote in Federal, Provincial, and municipal elections. 

If you wish to confirm that you are eligible for Canadian citizenship, or have questions concerning dual citizenship, please book a consultation with our legal team. 

The post Dual Citizenship – What to Know as a Canadian Citizen  first appeared on Bellissimo Law Group.

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, and fulfil my duties as a Canadian citizen.

The proposed new additions (in bold) are:

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and fulfil my duties as a Canadian citizen.

The Oath of Citizenship is recited at the citizenship ceremony and is a legal requirement for applicants 14 years of age or older to become Canadian citizens. It represents a promise to adhere to follow the laws of Canada, fulfill their duties as a citizen, and a declaration that the new citizens are committed to Canadian values and tradition.

This proposed change responds to the Calls to Action put forth by the Truth and Reconciliation Commission of Canada (TRC). The TRC was established in 2008 and disbanded in 2015 (its work now continued by the National Centre for Truth and Reconciliation).  The TRC’s purpose was to research and receive feedback from the indigenous peoples of Canada regarding the extent of the harm to their culture, community and way of life from the actions of previous governments of Canada, specifically with regards to residential schools. The aim was that it would further the understanding of Canadian history and help foster reconciliation and healing.

In 2015, the TRC released a report entitled “Truth and Reconciliation Commission of Canada: Calls to Action”, which outlined 94 steps that could be taken by various levels of government to redress the legacy of residential schools and advance the process of Canadian reconciliation. The 94^th Call to Action was rewording the Oath of Citizenship to the following:

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heir and Successors, and that I will faithfully observe the laws of Canada including Treaties with Indigenous Peoples, and fulfill my duties as a Canadian citizen.

Although the wording was not adapted exactly, the message remains that same: to highlight that Indigenous and treat rights are not just important to Canada – they are an essential part of the country’s character.  It is an important step to reconciliation, which will hopefully have knock-on effects, as stated by The Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship:

“The change to the Oath is an important step on our path to reconciliation with Indigenous peoples in Canada. It will encourage new Canadians to learn about Indigenous peoples and their history, which will help them to fully appreciate and respect the significant role of Indigenous peoples in forming Canada’s fabric and identity.”

Sources

The post Changes to the Oath of Citizenship first appeared on Bellissimo Law Group.

Are Permanent Residents allowed to vote?

Permanent Residents are people who have immigrated to Canada but who are not Canadian citizens. They’re entitled to social benefits and health care coverage, and can also work, live or study anywhere in Canada. They’re also entitled to protection under Canadian law and the Charter of Rights and Freedoms. One in five Canadians are immigrants, as of the 2016 census, bringing the total number of immigrants residing in Canada to 7.5 million. Permanent residents can apply for citizenship, but as non-citizens, they can neither vote nor run for political office, nor hold jobs that require “high-level security clearance.”[2]

Every so often I hear a variety of opinions on who should or should not be allowed to vote and at which level. For example, in the runup to the current municipal election in Ontario, there have been news stories about individuals and groups that are advocating for permanent residents (PR’s) to become voters in municipal elections.[3] Given the importance of being able to effect change in your own neighbourhood, to shape the places that you frequent, perhaps municipal voting should not only be the preserve of the Canadian citizen.

The Future

While Toronto and Vancouver have passed motions in favour of giving PR’s the right to vote, PR’s are still unable to vote in those municipalities because the decision lies with the provinces. Perhaps one day Canada will become more like New Zealand and other countries where non-citizen voting is a reality. Until then, it seems that PR’s in Canada will have to wait to become citizens before they are able to elect their representatives (or become candidates for office themselves).

To learn more about how to obtain permanent residence in Canada, please click here.

(sources)

The post The Municipal Election: How does it work for Permanent Residents? first appeared on Bellissimo Law Group.

Key Citizenship Act Changes

The reduction of the physical residency requirement from four out of six years reduced to three out of five years in October 2017 enabled newcomers to have earlier access to the wide range of benefits Canadian citizenship bestows on new citizens. At the same time though the changes likely created a new backlog in itself, making a number of applicants immediately eligible for citizenship, thereby taxing the system. The changes also allowed permanent residents who spent time in Canada as a foreign worker, international student, or protected person before transitioning to permanent residence to count each day spent in Canada on temporary status as half a day of residency, up to a maximum of 365 days. The government also removed the requirement that applicants had to be physically present in Canada for 183 days or more in four out of the six years preceding their application. Original citizenship fees were $100, then increased to $300 in 2015 and now the total fee for an adult to be granted citizenship is $630, which consists of $530 for the processing fee and $100 for the right of citizenship fee.

What do the numbers Say – How Many People Are Applying for Canadian Citizenship?

– The changes resulted in application surges – it was reported by CBC News that applications jumped from a weekly average of 3,653 to 17,500.

– More than 105,000 new Canadians were administered the oath at an estimated 1,400 citizenship ceremonies in 2017, according to IRCC.

– In May 2018, Canada’s federal government increased the number of citizenship judges it employs from five to fourteen, just months after it relaxed the requirements for obtaining Canadian citizenship. Prior to this, Canada only had 5 citizenship judges.

– Official processing times are listed at twelve months which would be a significant reduction from the three to four years we were seeing before but we have not received final decisions on applications filed after the law changed in the fall last year so cannot confirm yet if that twelve months will be a reality.

Impact of International Students?

It has been reported after the introduction to the Bill C-6 amendments more than half of new applicants for Canadian citizens were former international students. Immigrants contribute greatly to Canada, strengthening and enriching our country first economically with international student tuitions and then in filling employment shortages (i.e.: transport and construction industries) that strengthen the country’s future. They also offer unique perspectives that add to Canada’s diverse culture. Beyond this it is important to clarify that students often transition to employment and then permanent residents of Canada. The permanent residents are applying for citizenship and not students directly. Many other applicants flow from obtaining their status through family class categories as well as economic streams.

What About Family Class Processing – How Long is it Taking?

According to IRCC, in February 2018, the average wait time was amended to one year in about 80 per cent of cases, down from the previous two-year wait. This is a wonderful development, but with any change comes complications, i.e.: it is possible that the remaining 20% could be waiting well beyond the previous 2-year period? It is important to note that the referenced 80% appear to be those with straightforward cases with no admissibility issues or complications, i.e.: criminal, eligibility for sponsors, etc. In general, overseas and in-Canada spousal sponsorships are processed within 12 months as undertaken. Parents/Grandparents are generally still requiring two years. We don’t see many refusals of super visas.

The processing of children is also requiring twelve months I would hope this could be improved as children are most prone to suffer from separation. Our clients have also commented that from their own experiences, being issued an open work permit has been life changing, allowing them the opportunity to work and contribute to their family income, thereby also eliminating potential marriage breakdowns when one spouse is shouldering a financial burden. IRCC informs that the work permit pilot, for now, will remain in effect until 31 January 2019.

So overall processing times seem to be improving which is wonderful for future Canadians and their families. It will be interesting to revisit the processing times once we reach the one-year mark on many of these citizenship applications.

To learn more about how to obtain Canadian citizenship, please click here.

The post It Is Citizenship Week: How Long is it Taking to Obtain Canadian Citizenship? first appeared on Bellissimo Law Group.

Interested candidates can register for an account online using the OINP Portal. After filing their application and paying the processing fees, the submitted application is reviewed for completeness to ensure that applicant has submitted all the required information and documentation to demonstrate that they fulfill the program eligibility requirements.

The OINP recently implemented changes to the processing of applications. If the application is complete, the OINP will confirm the same and the application will be forwarded to assess whether the applicant meets all the eligibility requirements. On the other hand, if the application is found to be incomplete, the OINP will grant an extension of 14 calendar days to provide additional documentation or information. However, this extension cannot be used to fulfill a condition that should have been met at the time of filing the application.

Selected candidates will be nominated by the OINP, following which they can apply for permanent residence. Next, Immigrations, Refugees and Citizenship Canada (IRCC) will assess the permanent residence application and make a final decision. IRCC will issue permanent resident visas to successful applicants.

The post How does the Ontario Immigrant Nominee Program (OINP) work? first appeared on Bellissimo Law Group.

Citizenship Act Requirements for Physical Presence

First, let’s look at the law in the Citizenship Act. Section 5 of the Act requires that a permanent resident who applies for citizenship must have been physically present in Canada for at least: i) 1,460 days during the six years immediately before the date of his or her application; and ii) 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application. (There are other requirements that do not involve permanent residence. The full text of the section can be found here.)

If you became a permanent resident within the past 6 years, you begin counting from the day you became a permanent resident, even if you spent time in Canada before receiving that status.

For most permanent residents, the counting is simple as they spend the vast majority of their time in Canada and generally only need to remember when they left Canada for vacations, for example.

As well, the physical residence counting rules for citizenship purposes do not apply to those employed outside of Canada by the armed forces, a provincial public service, or those accompanying these individuals, such as spouses, common-law partners, and children.

But what about those whose work takes them outside of Canada’s borders frequently, like airline crew, truck drivers, and those who commute for business to financial centres like New York?

How to Calculate Physical Presence for Those Who Cross the Borders Frequently

According to IRCC, any part of a day spent in Canada is considered a full day of physical presence in Canada and therefore cannot be considered an absence. Consider the following: Maria leaves Canada on Monday afternoon, stays overnight in Philadelphia, and returns to Canada 24 hours later on Tuesday afternoon.

In terms of hours, Maria might think that she was absent from Canada for one day. However, since she was physically present in Canada for parts of both Monday and Tuesday, she actually accrued zero absences from Canada.

If on the other hand, Maria still left on Monday but spent all of Tuesday in Philadelphia and returned to Canada on Wednesday, she would be required to declare one day of absence as she spent no part of Wednesday in Canada.

What this policy means is that even if a permanent resident spends much of their time outside of Canada—this is often the case with regards to pilots and flight attendants—as long as they return to Canada for some part of every day, it is as if they never left!

Online Physical Presence Calculator Canada

It is very important to declare all trips outside of Canada, even if they result in zero absences. Applicants should always use IRCC’s citizenship physical presence calculator and should seek legal assistance if they are unsure whether they have counted correctly.

If you are having trouble with calculating your physical presence for citizenship purposes or you need legal advice, Bellissimo Law Group is here to assist you. With over 40 years of experience, we have helped thousands of people with matters regarding citizenship. Give us a call today!

The post Permanent Residents Who Work Frequently Outside of Canada: Physical Presence Calculator For Citizenship Purposes first appeared on Bellissimo Law Group.

Mr. Saddique, an immigrant doctor doing medical training in the United States, applied to become a Canadian citizen; declaring having only 177 days of the 1095 days of residence in Canada required to gain citizenship. After interviewing with a citizenship judge, Mr. Saddique’s application was approved, however the decision was subsequently appealed by the Minister of Citizenship and Immigration to Federal Court, who argued that the evidence he provided about his ties to Canada was inadequate.

Thanks to the expertise and months of tireless effort of Mr. Collette and the Bellissimo Law Group team, Madam Justice Elliott confirmed that the citizenship judge’s decision was legally correct and that the conclusion that Mr. Saddique had centralized his mode of living in Canada was reasonable. Several factors were considered, including that he had tried extensively for a medical position in Canada, maintained strong family ties in this country, and returned to be with his family whenever he could. Madam Justice Susan Elliot found no reason to disturb the earlier decision to allow Mr. Saddique to become a Canadian!

To read the full article click here.

The post The Case of a Medical Doctor’s Canadian Citizenship Successfully Defended Making Headlines. National Post and Global! first appeared on Bellissimo Law Group.

[195] In light of the above, I am of the view that the impugned provisions of the Citizenship Act violate section 2(e) of the Bill of Rights. The Applicants should be afforded (1) an oral hearing before a Court, or before an independent administrative tribunal, where there is a serious issue of credibility; (2) a fair opportunity to state the case and know the case to be met; (3) the right to an impartial and independent decision-maker; and (4) an opportunity to have their special circumstances considered when such circumstances exist. I am finally of the view that the conflict between the impugned provisions and the Bill of Rights cannot be avoided by interpretation and consequentially, I will declare the impugned provisions inoperative.

[196] However, I do not find that the impugned provisions violate either section 7 or section 12 of the Charter.

We would like to congratulate our co-counsel on their efforts and the countless hours that contributed to this result.  We now await word from the Department of Justice as to whether the Department will pursue the matter at the Federal Court of Appeal.

The post Applicants Succeed in Challenge of New Citizenship Revocation Process! first appeared on Bellissimo Law Group.

In Lim v. Canada, the Applicant challenged both the deemed abandonment and refusal to reopen her citizenship application after allegedly failing to respond to a letter by a Citizenship Official in April 2015.

After a letter purportedly sent by the Official did not receive a response, the citizenship application was deemed abandoned and closed. Despite the Applicant arguing that she had not received the letter, the Official refused to reopen the application, writing that abandoned applications are only reactivated if there was an administrative error on the part of a citizenship official.

In addition, the court found that there was no proof that the Applicant had been sent the April 2015 letter, and further that she had demonstrated a history of responding promptly to communications regarding her application. Finding that the letter had not been sent, the application for judicial review was granted on this ground alone.

Interestingly, the court also granted review of the decision to refuse to reopen the application, finding that the Respondent’s policy of reopening an application only upon administrative error by an official was arbitrary, unfair, and lacked common sense:

“The only basis upon which a case would be re-opened is if the department deemed themselves to be in error. That ground takes no account of other factors such as Acts of God, unforeseen circumstances and matters beyond anyone’s control. It is a self-serving and ludicrous basis from which to reject a re-opening request and is hence arbitrary.”

For more information on Canadian Citizenship, please click here.

(Sources)

The post A Dash of Common Sense for Government Communication Policy: Lim v. Canada 2016 FC 217 first appeared on Bellissimo Law Group.

John McCallum, Minister of Immigration, Refugees, and Citizenship, announced what he calls “radical” changes that will be put into effect. Even though we have some idea of how this will unfold and the reasons behind it, full details will be discussed at a later date.

To read more about the matter, please click here.

The post Changes to Canadian Citizenship: Coming Soon! first appeared on Bellissimo Law Group.