Proposed Canadian Citizenship Act - Adding Value to Canadian Citizenship

PROPOSED CANADIAN CITIZENSHIP ACTA comparison with the current act.

Source: Citizenship & Immigration Canada

Amir Ismail & Associates (AIA)Authorized Immigration & Citizenship Adviserswww.worldaia.com - www.amirismail.comTel: +647-835-0660, [email protected]

RESIDENCECurrent Act Proposed Act

Residence for three out of four years (1,095 days);

Requires physical presence for four years (1,460 days) out of the six years;

No minimum residence requirement per year;

183 days minimum of physical presence per year in four out of six years;

Time as a non-permanent resident (non-PR) may be counted toward residence for citizenship;

Eliminate use of time spent in Canada as a non-permanent resident (non-PR);

No intent to reside provision Introduce “intent to reside” provision


LANGUAGE REQUIREMENTSCurrent Act Proposed Act

Adult applicants aged 18–54 must meet language requirements and pass knowledge test; upper age limit of 54 currently established by policy, not in legislation;

Requires applicants aged 14–64 to meet language requirements and pass knowledge test;

Applicants can meet knowledge requirement with assistance of an interpreter

Applicants must meet knowledge requirement in English or French


CONSULTANTS REGULATIONSCurrent Act Proposed Act

Consultants not required to be registered or regulated in order to represent individuals in citizenship manner;

Defines who is an authorized representative and provides authority to develop regulations to designate a regulatory body whose members would be authorized to act as consultants in citizenship matters;


FRAUD DETERRENCECurrent Act Proposed Act

Few tools to deter fraud and ensure program integrity and fines and penalties for fraud are a maximum of $1,000 and/or one year in prison;

Authority to refuse applicant for fraud; fines and penalties for fraud are a maximum $100,000 and/or five years in prison


FOREIGN CRIMESCurrent Act Proposed Act

Bars getting citizenship from people with domestic criminal charges and convictions;

Expands bar on getting citizenship to people with foreign criminal charges and convictions


AUTHORITY TO REVOKE CITIZENSHIPCurrent Act Proposed ActGovernor in Council (GIC) final decision maker for citizenship revocation

Gives Citizenship and Immigration Canada (CIC) Minister authority to decide on routine revocation casesComplex revocation cases such as war crimes, crimes against humanity, security, other human or international rights violations, and organized criminality decided by the Federal Court

No authority to revoke citizenship for acts against Canada’s national interest

Establishes the authority to revoke Canadian citizenship from dual citizens who were members of an armed force or an organized armed group engaged in armed conflict with Canada, and deny it to PRs for the same reasonsAuthority to revoke Canadian citizenship and deny it to PRs who are convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received


LOST CANADIANSCurrent Act Proposed Act

Most “Lost Canadians” had their citizenship restored in 2009, but some “Lost Canadians” were not covered by that change and are not eligible for citizenship

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


REDUCTION IN STEPS INVOLVEDCurrent Act Proposed Act

Citizenship grant is a three-step decision-making process

Changes citizenship grant to a single-step process that reduces duplication and improves processing times


REQUIREMENT TO FILE INCOME TAXCurrent Act Proposed Act

No requirement to file Canadian income taxes to be eligible for a grant of citizenship

Requires adult applicants to file Canadian income taxes, as required under the Income Tax Act, to be eligible for citizenship


FAST TRACK FOR MILITARY PERSONNELCurrent Act Proposed Act

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

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


COMPLETE APPLICATIONCurrent Act Proposed Act

Limited authority to define what constitutes a complete application

Establishes authority to define what constitutes a complete application and what evidence applicants must provide


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Proposed Canadian Citizenship Act - Adding Value to Canadian Citizenship