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.

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The post This Week’s Success Story: Open Work Permit Application Approved After Two Refusals first appeared on Bellissimo Law Group.

It is an unfortunate reality that spousal sponsorships submitted under the in-Canada class have lengthy processing times. This pilot program allows spouses and partners to gain valuable Canadian work experience and assist in relieving the financial burden they may place on their sponsors currently supporting them in Canada.

In order to be eligible for the open work permit pilot program, the applicant must meet the following eligibility requirements:

• The spouse has submitted an application for permanent residence as a member of the in-Canada spousal class;
• A Canadian citizen or permanent resident spouse has submitted a sponsorship application on behalf of the applicant;
• The spouse and the sponsor reside at the same address; and
• The spouse has valid temporary resident status in Canada as a visitor, student or worker.

(Source)

The post Open Work Permit Pilot Program for Inland Sponsorships Extended first appeared on Bellissimo Law Group.

Out of Status – if you are in Canada without status, there is a risk that by filing a sponsorship application you will come to the attention of immigration officials and may face removal from Canada. This tends to occur, in particular, with foreign nationals who have already received a removal order (i.e., as by having made a refugee claim in Canada). If you are removed from Canada before the application is processed to approval in principal – presently about 17 months – the application will be refused as you are no longer eligible, being outside of Canada.

Conjugal Partners – if you are not legally married or in a common-law relationship (cohabited in a romantic relationship for at least one-year), you cannot be sponsored with an In-Canada application for permanent residence.

Appeal Rights – if the application for permanent residence is refused, only overseas applicants are able to appeal that decision to the Immigration Appeal Division (IAD). The IAD is able to consider the evidence and replace the decision of the Visa Office. So if the application was refused because the Visa Office did not believe the relationship was genuine, the IAD could replace that decision, determine that the relationship was genuine, and the Visa Office is bound by that decision. If the sponsorship was made for in-Canada processing, there is no appeal right; however, the refused foreign national may challenge the decision to the Federal Court of Canada (FCC). The FCC is not an appeal, so if for example you are successful at the FCC, the application is returned to the Canadian processing centre for a reconsideration of the genuineness of the relationship.

Work Permit – there is presently a one-year pilot project (ending in December 2015, but may be continued) which permits foreign nationals in Canada, being sponsored in an In-Canada application for permanent residence, to obtain an open work permit soon after processing has commenced. If the foreign national’s application is being processed overseas, there is no automatic access to a work permit.

Interviews – if an interview is required, it will take place in the location where the application is being processed. So, if your application is being processed overseas and you are requested to attend an interview, you would need to travel overseas to the Visa Office to attend that interview. Once you depart Canada, your return would depend on whether you have a visa to re-enter Canada and/or on the decision of immigration officers at the port of entry.

Timing – as indicated, an In-Canada application will be processed to approval in principle in approximately 17 months. It will take an additional 10 months for medical, security and other verifications, for a total of 27 months of processing. Overseas applications are generally processed more quickly: after approximately 2 months of processing in Canada, the application is transferred to an overseas Visa Office. Overseas processing can be as quick as 5 months (Sao Paulo) or as slow as 47 months (Islamabad), so 7 to 49 months total processing time.

Ongoing Travel – an In-Canada application requires that you cohabit with the sponsor, so if there will be lengthy periods of departure from Canada then you may not be eligible for an In-Canada sponsorship. Furthermore, once the application has been submitted it is more likely that your intentions will be questioned upon entrance to Canada: i.e., are you entering Canada as a visitor or do you have a permanent intention? If an immigration officer at the port of entry to Canada believes that your intentions are permanent and also that you are likely not to comply with the terms of your entrance to Canada, you may be refused admission. As indicated above, if you cease to be in Canada and stop cohabiting with your spouse, then your In-Canada application for permanent residence will be refused.

For more information on Spousal Sponsorship, please click here.

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