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Canadian
Citizenship
The
rules for obtaining the Canadian Citizenship are simple:
You must
have established and maintained your residence after obtaining
permanent residence status for at least 1,095 days (3 years) within
the last 4 years in Canada prior to your application for citizenship;
You must
have a reasonable ability to understand and speak either French or
English;
You must
have some knowledge of Canadian political and economic systems.
Those
who have been frequently absent from Canada are referred to as a "Thurlow
case", after the name of a Canadian Citizenship judge who stated that
long absences could still be counted as presence in Canada, provided it is
established that the person in question always considered Canada as his or
her principal place of residence.
Such
a claim still needs to be supported by justifying absences and
demonstrating such material links to Canada as the ownership of a house, a
Canadian bank account, Canadian business, the yearly filing of income tax
declarations, etc., as well as the production of various identification
papers stating that the person in question, or other family members were
living in Canada.
Our
expertise in the field of citizenship has resulted in the satisfactory
outcome of an important number of cases that might otherwise have
encountered difficulties. We would be glad to advise you on specific
citizenship matters.
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CITIZENSHIP OF CANADA ACT PROPOSED IN PARLIAMENT |
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OTTAWA
-- A Bill to strengthen the value of Canadian citizenship was tabled in
the House of Commons on November 25, 1999.
Elinor
Caplan, Minister of Citizenship and Immigration, proposed the Citizenship
of Canada Act to strengthen the value of Canadian citizenship by better
defining what it means to be Canadian and by setting clearer criteria for
acquiring citizenship.
Similar
citizenship legislation was introduced last fall. It reflected the views
of Canadians that were gathered over several years. The legislation tabled
today reflects what the government heard from Canadians and through the
legislative process.
The
proposed legislation establishes clear, fair and objective criteria for
Canadian citizenship, ensures that future Canadians have a link to Canada,
and provides measures to protect the integrity of Canadian citizenship.
The proposed legislation: Sets more precise terms of residence, requiring that applicants be physically present in Canada for three years of the six years prior to applying. This provides flexibility for people who must be out of the country for extended periods of time, while allowing future Canadians to demonstrate their loyalty and allegiance to Canada -- two pledges they make when they recite the oath of citizenship. A clear definition also ensures consistent and objective decision-making. Simplifies the decision-making process and allows for quicker processing of applications. Citizenship applications will be dealt with by people delegated by the Minister. All applications will be decided based on criteria set out in the law. Allows for a faster and more effective revision of decisions. Applicants will be able to ask the Minister to review the facts that led to the refusal of their application. The Minister in turn will be able to overturn a refusal. This improves current legislation whereby applications cannot be reviewed by the Minister but must go through the courts. Applicants can also choose judicial review where a federal court judge will hear the case. If the refusal is found to be inappropriate, the judge will request a new decision from the Minister. If passed, the Citizenship of Canada Act would represent the first major reform of citizenship legislation in more than twenty years.
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Information on these pages is not legal advice. Using
this information for business or personal use is at own risk. We
will provide legal advice after you submit our
consultation
form.
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Canadian and United States Immigration Experts | |
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