Canadian
Immigration News
Government
of Canada Moves Closer to Major Changes in Citizenship Law
The Trudeau government
of Canada is inching towards reversing controversial changes to the way Canada
grants citizenship that were brought in under the previous government,
which was led by Conservative Prime Minister Stephen Harper.
The new bill, is
considered a centrepiece of the new government's legislative agenda. The chair
of the House Immigration Committee, Borys Wrzesnewskyj, said this week that he
hopes the bill will pass into law in time for Canada Day, July 1.
Among the proposed
amendments is the repeal of a controversial provision that allows the
government to revoke citizenship from dual Canadian citizens convicted of
terrorism, treason or espionage.
The legislation would
also reduce the amount of time permanent residents have to live in
Canada in order to become eligible to apply for citizenship, from four out of
six years to three out five years, it would allow applicants who spent time in
Canada on temporary status to count this time towards the three-year
requirement. This particular aspect of the legislation has been warmly welcomed
by new immigrants, foreign workers, alike who view their long-term future in
Canada.
The proposed
amendments would also repeal the intent to reside provision and remove language
proficiency requirements for certain applicants.
Howere, It would also
allow the government the right to seize documents used to obtain citizenship
fraudulently.
A comparative view of the proposed amendments &
the current Law.
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Current Act
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Proposed Amendment
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Authority to revoke citizenship for certain acts against
the national interest of Canada. These grounds include convictions of
terrorism, high treason, treason or spying offences, depending on the
sentence received, or for membership in an armed force or organized armed
group engaged in armed conflict with Canada.
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Repeal national interest grounds
for revocation.
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Applicants must have the intention
to reside in Canada if granted citizenship.
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Repeal intent to reside provision.
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Physical presence for 4 out of 6
years before the date of application.
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Physical presence for 3 out of 5
years before the date of application.
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Time spent in Canada as a
non-permanent resident may not be counted.
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Applicants may count each day they
were physically present in Canada as a temporary resident or protected person
before becoming a permanent resident as a half-day toward meeting the
physical presence requirement for citizenship, up to a maximum of one year of
credited time.
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Minimum of 183 days physical
presence in 4 of the last 6 years.
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Repeal the minimum 183 days
physical presence in 4 of the last 6 years.
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Applicants aged 14-64 must meet
language requirements and pass knowledge test.
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Applicants aged 18-54 must meet
language requirements and pass knowledge test.
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File Canadian income taxes, if
required to do so under the Income Tax Act, for four taxation
years out of six years, matching physical presence requirement.
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File Canadian income taxes, if
required to do so under the Income Tax Act, for three taxation
years out of five years, matching proposed new physical presence requirement.
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Time spent serving a conditional
sentence order can be counted towards meeting physical presence requirements.
Convicted individuals who are serving conditional sentence orders (sentences
served in the community with certain conditions) are not prohibited from
being granted citizenship or taking the oath of citizenship.
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Time spent under a conditional
sentence order cannot be counted towards meeting the physical presence
requirements; and those serving a conditional sentence order are prohibited
from being granted citizenship or taking the oath of citizenship.
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Provision prohibiting applicants
from taking the oath of citizenship if they never met or no longer meet the
requirements for the grant of citizenship, but does not apply to applications
received before June 11, 2015.
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Provision prohibiting applicants
from taking the oath of citizenship if they never met or no longer meet the
requirements for the grant of citizenship also applies to applications still
in process that were received prior to June 11, 2015.
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No explicit authority for citizenship officers to seize
fraudulent documents related to the processing of applications.
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Authority to seize documents provided
during the administration of theCitizenship Act if there are
reasonable grounds to believe they are fraudulent, or being used
fraudulently.
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CWC Immigration Solution Inc.
