The acquisition of citizenship itself has also become more difficult under the changes. Permanent residents will need to meet tougher standards in order to demonstrate their physical presence in Canada before they become eligible for citizenship.

An individual will need to reside in Canada for 4 years in a 6-year period; each year of residence will mandate physical presence in Canada for 183 days. Further, time spent in Canada prior to acquiring permanent residence will no longer count towards meeting these residence requirements.

Additionally, there will be a requirement for proof of tax filings, a test of Canadian history / responsibilities and privileges of citizenship, as well as a declaration of intent to reside in Canada.

There are some narrow exceptions to some of the above rules.

For more information on Canadian Citizenship, please click here.

For more information on how these changes may impact your citizenship application, please contact us.

The post New Rules on Acquiring Canadian Citizenship first appeared on Bellissimo Law Group.

Most recently, the citizenship revocation provisions were implemented on 29 May 2015. This means that dual citizens who are convicted of terrorism, high treason, treason, or espionage offences may have their Canadian citizenship revoked, depending on the sentence received. The Federal Court of Canada also has the power to revoke Canadian citizenship from dual citizens serving as a member in an armed force or group engaged in armed conflict with Canada.

The process for citizenship revocation has also been changed, as the Governor in Council is no longer the final authority for revocation. Rather, most revocation cases will be decided by the Minister, including cases based on identity fraud, residence fraud, concealing criminality, as well as certain terrorism, high treason, treason, or espionage offences (depending on the sentence). Cases involving complex issues of fact and law, such as war crimes and crimes against humanity, as well as cases involving security, organized criminality, and human or international rights violations will require a declaration from the Federal Court of Canada. A declaration from the Court is also required for revocation when the Minister has reasonable grounds to believe that a person served as a member of the armed forces of a country or as a member of an organized armed group engaged in an armed conflict with Canada.

Importantly, those whose citizenship is revoked under the new grounds are permanently barred from being granted Canadian citizenship.

Before these changes were implemented, citizenship could only be revoked on the basis of fraud or misrepresentation. This new framework, however, has led many to question both the legal validity and extremely serious implications of the new citizenship revocation regime. As one example, distinguishing between Canadians who have only one nationality and those who have dual nationalities raises concerns about potential discrimination based on national origin. Others criticize the process as lacking in fundamental fairness, as the Minister is not required to explain the grounds upon which the decision has been made, and there is no defined appeal process.

It will be important to track how these changes unfold in application, given the most enormous consequences to dual citizens.

For more information on Canadian Citizenship, please click here.

(Sources)

The post Citizenship Revocation Provisions Now in Force! first appeared on Bellissimo Law Group.

To read the entire release, please click here!

The post Updates Introduced to the Strengthening Canadian Citizenship Act first appeared on Bellissimo Law Group.

Certain provisions came into force as soon as the bill received royal assent in June 2014, including (among others) fast-tracking applications for members of the Canadian Armed Forces, implementing a First Generation limit on citizenship on individuals born abroad, and awarding the Minister the authority to decide Discretionary Grants under section 5(4) of the Citizenship Act.

On 1 August 2014, a number of other changes were implemented, such as the new decision-making process wherein citizenship officers alone decide most citizenship applications (as opposed to the three-tiered model involving a citizenship officer, then a citizenship judge, and then a citizenship officer), as well as a leave requirement to access the Federal Court of Canada. It is also important to note that new rules have also been released, called the Federal Courts Citizenship, Immigration and Refugee Protection Rules.

However, many of the most contentious provisions have not yet been rolled out. The new residency requirements, for example, will require that applicants be physically resident in Canada for four of the last six years, including 183 days in Canada for each of these four years. Importantly, time spent in Canada before obtaining permanent residence will not be counted towards citizenship. For more on this, please click here.

Language requirements will also apply to applicants aged 14-64, as opposed to 18-54 as is presently the case. This is significant, as permanent residents who struggle with Canada’s two officials languages will have to wait until age 64 to obtain citizenship without having to demonstrate proficiency in English or French. Interpreters will also not be made available during the knowledge test.

Revocation proceedings will also see significant changes, as dual citizens who were involved in armed forces or groups engaged in conflict with Canada may have their Canadian citizenship revoked. The Governor in Council will no longer be the final authority in the revocation process, as the Minister will decide most revocation cases. Some types of cases will still require a declaration from the Federal Court of Canada, but not all. A permanent bar on citizenship, will also apply for including those convicted of terrorism, treason, and spying offences (depending on the sentence received). Finally, the crackdown on citizenship fraud will continue, as those who obtained citizenship through fraudulent means will face a possible fine of up to $100,000 and/or up to five years in prison.

The changes introduced by Bill C-24 are monumental in scope and complexity. If you are considering your own eligibility to apply for citizenship, it is very important to keep on top of the current state of the law and obtain legal advice!

For more information on Canadian Citizenship, please click here.

(Sources)

The post Citizenship Changes: In Force or Yet to Come? first appeared on Bellissimo Law Group.

“Collateral consequences” are imposed outside of the traditional sentencing framework.  In addition, these sanctions are not imposed as punishments for the offence, but rather are a consequence of conviction.   In Canada, there are a number of circumstances where previous convictions may result in future consequences for an individual. Sanctions may be imposed, for example, in the context of applying for Canadian immigration, in educational and employment ventures, when becoming a tenant, when travelling outside of Canada, and/or when applying for insurance..

For further information on collateral consequences of sentencing pick up your copy of Canadian Citizenship and Immigration Inadmissibility Law here.

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(Sources)

The post Collateral Consequences and Bill C-24 first appeared on Bellissimo Law Group.