Page 14 - Best Magazine Summer Edition 2017

There is no better topic to be discussing on the BEST Magazine issue commemorating Canada’s 150 years than citizenship. On June 19, 2017, the long awaited amendments to Canada’s Citizenship Act received Royal Assent. According to the government’s announcement, “Changes to the Citizenship Act reflect the Government’s commitments to streamline the citizenship process, enhance program integrity, and repeal certain provisions of the Act that treated dual citizens differently than other Canadians”.
It is important to note that while some changes to the Citizenship Act took effect immediately, many changes remain to be implemented in the fall of 2017 or next year. This includes some of the much anticipated changes to the days of residency required to apply for citizenship.
Below I have summarized the most important changes to the Citizenship Act, making comparisons between the former Act and the new one, while noting the proposed timelines for implementation of these changes.
These changes are exciting and will certainly be welcomed by a number of applicants looking to become Canadians in the near future.
Andrew Carvajal is a Toronto lawyer and partner at Desloges Law Group specializing in immigration law, administrative law and Small Claims Court litigation.
ECONOMY AND FINANCE
ECONOMÍA Y FINANZAS
GOVERNMENT MAKES RADICAL CHANGES TO CITIZENSHIP RULES
Previous Citizenship Rules
Amended Rules
Date Implemented
Dual citizens can have Canadian citizenship revoked for convictions on crimes relating to national interest
Revocation for citizenship on national interest grounds repealed
June 19, 2017
Applicant must have “intent to reside” in Canada at the time of application
Requirement of “intent to reside” repealed
June 19, 2017
Minister had discretion to waive requirements so that a minor can obtain citizenship without
a Canadian parent
Minors can now apply for citizenship without a Canadian parent
June 19, 2017
Time spent in Canada under a conditional sentence following criminal conviction counts towards physical presence
Time spent in Canada under a conditional sentence does not count towards physical presence; persons under conditional sentence are barred from taking the oath
June 19, 2017
4 years of physical presence (in the last 6 years) required to apply for citizenship
3 years of physical presence (in the last 5) required to apply for citizenship.
Fall 2017
Requirement to file taxes in 4 out of 6 years preceding the application
Requirement to file taxes in 3 out of 5 years preceding the application
Fall 2017
Requirement of physical presence in Canada of 183 days in at least 4 out of the 6 years prior to applying
This requirement has been repealed
Fall 2017
Time spent in Canada prior to permanent residence status does not count towards citizenship
Time spent in Canada as a worker, student and protected person prior to permanent residence can count for citizenship up to one year (each pre-PR day counting as half a day)
Fall 2017
Applicants from ages 14-64 must meet language requirements and pass the knowledge test
Applicants from ages 18-54 must meet language requirements and pass the knowledge test
Fall 2017
The Minister and the Federal Court are the decision-makers in citizenship revocation cases
The Federal Court is the decision-maker in all revocation cases, unless the individ- ual requests that the Minister make the decision.
Early 2018
14 THE BEST MAGAZINE WINTER 2016 - 2017
* https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/06/citizenship_billreceivesroyalassent.html
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