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.

1. false representation;
2. fraud; or
3. knowingly concealed material circumstances.

The procedure for revocation of citizenship has changed significantly following Hassouna, a 2017 case which challenged the administrative process of citizenship revocation introduced in 2014. Bill C-6, which received Royal Assent in June 2017, amended the Citizenship Act to require that the Minister must provide written notice (with the reasons and grounds for revocation) and allow the person 60 days to

“make written representations with respect to the matters set out in the notice, including any considerations respecting his or her personal circumstances – such as the best interests of a child directly affected – that warrant special relief in light of all the circumstances of the case and whether the decision will render the person stateless”.

The person may also “request that the case be decided by the Minister” instead of by the Federal Court, which is the default decision maker. Should the Minister decide to proceed with the citizenship revocation process after reviewing the person’s written representations, an application must be filed in the Federal Court seeking a declaration “that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances”. If the Court makes such a declaration, the citizenship (or renunciation of citizenship) is revoked.

It is important to note that depending on the facts of a case, the effect of the Court’s declaration (i.e. whether the person becomes a permanent resident or a foreign national) and the revocation process differ. For example, if the person is suspected of being inadmissible on grounds of security, the Minister of Public Safety and Emergency Preparedness may also become a party to the Federal Court application and the person may face removal in the event that the Ministers succeed before the Court.

(Sources)

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Processing Time for Canadian Citizenship Applications

The current processing time for citizenship applications is approximately 12 months. It is extremely important to update your address with IRCC if you have moved while your application is in process, as notices to appear for the citizenship test and the citizenship ceremony usually arrive to candidates by mail.

It is highly recommended to check the status of your application online regularly, especially when you are approaching the 12-month benchmark. If for any reason the letter inviting you for the citizenship test or ceremony did not arrive to your home address but the message online states that correspondence has been sent to you, you may contact IRCC and inquire about details of your test or ceremony’s date, time and address in advance, to not miss it.

What To Do If You Missed Your Citizenship Test

The steps you should take if you missed your citizenship test will depend on whether IRCC sent you a first notice to write the test, a final notice to write the test, or a notice to re-write the test.

If this was the first time you were asked to write the test, you can either contact IRCC to let them know of the missed test and explain the reason or wait to be automatically rescheduled for another date.

1. If you choose to inform IRCC of the missed test and the local office handling your application decides that you had a valid reason for missing the test, you will be sent another notice with a new test date. In this case IRCC will consider this new notice as another first notice in case you miss this new date, but have a valid reason for not attending. If your reason is not valid, you will be treated the same as someone who missed the test and did not contact IRCC.
2. If you did not contact IRCC to advise of the missed test or you did not have a valid reason for missing the test, you will be automatically rescheduled for a new date and receive the final notice to write the exam. This new test date will usually be two weeks or more after the date of the test you missed.

If you received the final notice to write the test or were scheduled for a second test after failing the first one and you missed it, you must contact IRCC within 30 days of the test date and explain the reason for missing the test. If the local office handling your application decides that you had a valid reason to miss the test, you will be sent another final notice or an invitation to re-write the test with a new test date.

If you fail to contact IRCC within 30 days or your reason for missing the test was not valid, your application for citizenship may be closed. In this case you will have to apply for citizenship again and pay the required fees.

What To Do If You Missed Your Citizenship Ceremony

Similarly, if you missed appearing for your citizenship ceremony, you must contact IRCC within the 30 days of your appointment and explain the reason for missing it. If your reason is considered to be valid, you will receive a letter inviting you for the ceremony on a new date. If you fail to contact IRCC within 30 days or did not have a valid reason for missing the ceremony, your application for citizenship may be closed, in which case you will have to apply again and pay the required fees.

Applying for Canadian citizenship is an exciting time, however it is essential that you pay attention and adhere to the rules and guidelines in order to make your citizenship application run smoothly. Missing your citizenship test or having to reschedule your oath ceremony are inconveniences that can be avoided if you are properly aware of the guidelines.

If you have any questions or need more information, contact Bellissimo Law Group today!

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• Applicants must physically be present in Canada for at least 3 out of 5 years prior to applying for Canadian Citizenship.
• The language and knowledge requirements for Citizenship will now only be required for those who fall between the ages of 18 to 54 years old.
• Applicants will no longer be required to be physically present in Canada for a minimum number of days within each year.
• Temporary residents who spent time in Canada within the 5 years prior to applying for Citizenship can now count some of this time towards their physical presence requirements. Each day spent in Canada as a temporary resident will only count as half a day in Canada and can only be used to equate to a maximum of 1 year towards your physical presence count.

Citizenship applicants who meet the new requirements must wait until October 11, 2017 before applying for citizenship. This is the date in which the new changes come into effect, and when new application forms will be accessible.

If you would like to consult a lawyer, please contact us today.

The post Canada Implements New Legislation – Bill C-6 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!

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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.

The upcoming changes that are expected to take effect later this fall include reducing the time permanent residents must be physically present in Canada to three out of five years (instead of four out of six years), before applying for citizenship; amending the age range for people to meet the language and knowledge requirements for citizenship from 14-64 years to 18-54 years; and counting some of the time applicants spend in Canada as temporary residents or protected persons toward their physical presence requirements for citizenship.

For more information on Canadian Citizenship, please click here.

(Sources)

The post Citizenship Bill C-6 Received Royal Assent 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.

The woman explained that she had brought her passports to meet with the Citizenship Judge, and that he had reviewed the documents. Our office reviewed the complete passports; there was nothing inconsistent with what she had declared. We argued that the Citizenship Judge, and not CIC, was responsible for making the decision. The Citizenship Judge had the information required to make that decision and did not have any concerns with the woman’s credibility. The Federal Court agreed with our arguments, meaning that the young woman will be called for the Citizenship Oath and will become a citizen of Canada.

The post This Week’s Featured Success Story: Federal Court Upholds Grant of Citizenship first appeared on Bellissimo Law Group.

Generally, if a child was born outside Canada and at least one of their parents was born in Canada, the child is likely a Canadian citizen.

On 17 April 2009, the Citizenship Act was amended and changes to citizenship rules regarding who is or who is not a Canadian citizen were affected. These changes apply to children whose parent was not born in Canada, but became a citizen through naturalization. Naturalization is the formal process by which a person can become a Canadian citizen. The person must usually become a permanent resident first and fulfill certain criteria generally including a residency requirement, knowledge of basic English or French, and knowledge about Canada.

If a child was born outside of Canada before 17 April 2009, and the Canadian parent is a naturalized Canadian citizen, the child is presumably a Canadian. However, if the child was born after 17 April 2009, the child will only be Canadian if the parent was a naturalized citizen at the time of the child’s birth.

For example, if a child is born outside of Canada in 2011 and the parent becomes a naturalized Canadian citizen in 2012, the child will not be a Canadian citizen. However, if the child was born in 2011, and the parent became a naturalized Canadian citizen in 2007, the child will be a Canadian citizen, since the parent was Canadian at the time of the child’s birth.

Every situation is unique and there are other factors and criteria that need to be considered. For example, specific regulations are in place that limit Canadian citizenship to the first generation born outside Canada and the rules may also affect children adopted by Canadian parents outside Canada. Therefore, the best way to determine whether or not a child is Canadian is to apply for proof of citizenship through Citizenship and Immigration Canada (CIC). If the child is found to be Canadian, they will receive a Canadian citizenship certificate, which can then be used to apply for a Canadian passport.

Children who are already citizens of another country will need to determine whether or not their citizenship status in that country may be affected by applying for a Canadian citizenship certificate. Some countries allow for dual citizenship with Canada while others require the original citizenship to be relinquished in order to obtain Canadian citizenship.

For more information on citizenship, please click here.

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