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              FREEEVALUATION
              Wednesday, 10 June 2015 / Published in Canada Immigration News Articles

              Canada Citizenship Reform: A Comparative Analysis


              Last Updated on January 24, 2019

              Canada’s legislative agenda on immigration continues to undergo a tectonic shift under the Conservatives. The implementation of the latest reforms to the Citizenship Act completes a process which began last year and will substantially restrict access to Canadian citizenship.  In addition, since January 2015, adult applicants must pay a higher processing fee (raised 430% since 2014) of $530 plus an additional fee of $100 for a right-of-citizenship, if granted. 

              It is expected the new rules and the much higher costs will result in a substantial reduction in the numbers of applications each year to less than half of Canada’s annual immigration levels. Historically, about 75% of Canada’s annual intake of immigrants would apply for citizenship.

              Below is a comparative analysis of the requirements to apply for citizenship.

              Citizenship Act

              Comparisons

              Former

              New

              Residency Requirements

              Permanent Resident

              3 out of 4 years

              (1,095/1460 days) immediately prior to filing application

               

              Permanent Resident

              4 out of 6 years

              (1,460/2190 days) immediately prior to filing application

              Language Requirements

              Adults aged 18–54 must meet language requirements and pass knowledge test

              Applicants aged 14–64 must meet language requirements and pass knowledge test

               

              Physical Presence

              No requirement for residents to be physically present in Canada

               

              183 days of physical presence in Canada during each of the 4 calendar years of  permanent residence

              Intent to reside

              No “intent to reside”

               

              Must show “intent to reside”

              Time in Canada before Permanent Residence

              Time as a non-permanent resident may count towards residence for citizenship

               

              Eliminates consideration for time spent in Canada as a non-permanent resident for most applicants

               

              Misrepresentation

              Misrepresentation on applications could only be considered by RCMP

              Applicants can be refused for misrepresenting or withholding material facts with 5-year ban

               

              Taxes

              No requirement to file Canadian income taxes

              Requires adult applicants to file annual income tax returns

               

              Consultants

              Consultants not required to be registered or regulated

              Consultants required to be registered or regulated

               

              Application Process

              Limited authority to define what constitutes a complete application

               

              Defines what constitutes a complete application and what evidence applicants must provide

               

              Decision Process

              Citizenship is a three-step decision-making process

              Citizenship is a single-step process for most applications

               

              Criminality

              Bars applicants with domestic criminal charges and convictions

               

              Expansion of criminal prohibitions to bar applicants for crimes committed abroad

              “Lost Canadians”

              Most “Lost Canadians” had citizenship restored in 2009, but small number remained ineligible for citizenship

               

              Extends citizenship to “Lost Canadians” born before 1947 as well as their 1st generation children born abroad

              Citizenship by Descent

              NA

              Citizenship for those born outside of Canada, limited to first generation

              Special Processing

              No fast-track mechanism to citizenship for members of the military to honour their service to the Canadian Armed Forces

               

              Creates fast-track mechanism to citizenship for individuals serving or on exchange with the Canadian Armed Forces to honour their service to Canada

               

              Revocation

              No authority to revoke citizenship beyond fraud or misrepresentation

               

              Minister may revoke from dual citizens convicted of terrorism, high treason and/or treason or espionage; and most other cases.

              Complex cases by Federal Court

               

              Impact of Revocation

               

              10-years existing fraud; permanent on new grounds

               

              Renunciation

              NA

              No renunciation if Minister initiates process

              Appeal

              Federal Court, No Leave

              Federal Court, With Leave

              Federal Court Appeal

              Supreme Court Canada, Leave

               

              Authority to Abandon

              None

              Minister may determine application abandoned for failure to comply

               

              Authority to Suspend

              NA

              Minister may suspend processing for as long as
              “necessary”

               

               


              Tagged under: canada citizenship, Canada Citizenship Act Comparisons, Canada Citizenship C-24, Canada Citizenship language, Canada Citizenship misrepresentation, Canada Citizenship physicial presence, Canada Citizenship residence requirements, Citizenship Act Comparisons

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