Citizenship

Since February 2012, Immigration, Refugees and Citizenship Canada (“IRCC”) scrapped the citizenship card and they now issue paper citizenship certificates. If you have a citizenship card, there is no need to apply for a certificate – your card is still valid proof of your status as a Canadian citizen.

If you misplaced your citizenship card or certificate, or it has been damaged, you can apply for a replacement.

If you have lost your proof of citizenship, it is important to replace it as soon as possible because you may need it to renew your passport or demonstrate proof of your status for education or employment opportunities. Also, the processing times can be lengthy (expect 5 months at a minimum), so applying as quickly as possible is best.

What is the Process for Applying?

In order to get a replacement, citizens will need to make an application which includes filling out forms, obtaining a photo and submitting supporting documents.

It is important to get a photo with the right specifications before you submit your application. A passport photo does not have the same dimensions that a citizenship photo has and there are specific requirements for how the face is framed and the background colour of the photo. Many applications are delayed because an incorrect photo is submitted. Do not make this simple mistake and cost yourself extra time.

The types of documents you will need to submit depending on when your citizenship application was filed, how you became a citizen (i.e. through parents that were Canadian citizens, naturalizing through a permanent residence grant, etc.) and your personal situation. The rules for citizenship grants in Canada have changed throughout the years, so you will need to understand which category you fall under to make sure you submit all of the proper documents and avoid a refusal or processing delays.

Applications filed from inside Canada can take up to 5 months, or more, to process. For applications filed at visa offices outside of Canada, it can take 9 months or longer. If you are applying to replace a minor’s citizenship certificate, the process can take even longer – anywhere from 8 months to more than a year. Given the time it takes to get a new certificate, you want to ensure that you do not create any delays by submitting an incomplete application.

I live in BC and my citizenship certificate was damaged in the wildfires. Can I get a free replacement?

IRCC has implemented special measures for BC residents affected by the summer 2018 wildfires. If your citizenship card or certificate was lost or destroyed during the fires, the government will process your application on an expedited basis and will waive the processing fee to relieve the burden of having to apply for a replacement.

If you have not made an application to replace your document yet, you need to do so by January 6, 2018. Otherwise, the regular processing time and application processing fee will apply to you. If you already made an application on or after July 7, 2017 (but before January 8, 2018) and you paid the fee, you can apply for a refund.

When you file your application, you will need to indicate that you were affected by the wildfires by submitting a personal statement and proof of your address. If you submitted an application between July 7, 2017, and January 8, 2018, but did not include details of how you were impacted by the fire, you can reach out to the processing centre to update them and let them know your application is urgent.

A similar process applies to anyone who lost other immigration documents as well, including passports, PR cards, refugee travel documents or temporary status documents (i.e. a work permit, study permit or visitor record).

If you need help applying for a replacement document, including a citizenship certificate, or are looking for help navigating the process to request a fee waiver and expedited processing due to the BC wildfires, we can help you make sure you submit a complete application and make a proper request for expedited processing.

 

I am a Permanent Resident of Canada since 2010 and I want to apply for Canadian Citizenship. However, I have been traveling a lot for my work under past 4 years. Can I still apply?

Since October 11, 2017, in order to be eligible to apply for Canadian citizenship, you need to have been in Canada physically at least 1095 days in the five (5) past years before you apply for a citizenship. This five years’ period is calculated from the date you sign the application forms. If you have traveled a lot, it is recommended to make a calculation of all your travels outside Canada on a separate excel sheet in order to see if you are eligible to apply. You need to collect all evidence for the travel dates (passport stamps, airline tickets, etc.) to be able to calculate the time you have spent in Canada and get an exact number of days you have been outside of Canada.

However, there are some exemptions for calculating the time spent outside Canada for the physical presence requirement. If you have been a permanent resident employed for Canadian Armed Forces, Federal public or provincial (or territorial) administrations, this time is not count as absence days from Canada. This applies also if your Canadian citizen or permanent resident spouse has been employed by those instances and you have accompanied him/her on the mission. Nevertheless, note that these exemptions apply only after you have become a permanent resident of Canada or your common-law relationship begun.

Also keep in mind that there are other requirements for obtaining a Canadian citizenship, as to have filed income taxes for three (3) years within five (5) years before you apply for a citizenship; to be able to communicate in English or in French; and to show knowledge about Canada and responsibilities and privileges of citizenship. If you need assistance in the preparation of your application, especially if you are not sure if the physical presence requirement is met, we recommend retaining a lawyer to represent you with your application.

Changes to the Citizenship Act!

On June 19, 2017, the Liberal government’s citizenship bill (Bill C-6) finally received Royal Assent and thus became law after nearly a year-long legislative process. This is good news for many permanent residents wanting to become Canadian citizens as the new law introduces many changes to the last Conservative government’s controversial citizenship legislation (Bill C-24). For example, next fall, permanent residents will be able to apply for citizenship after living physically in Canada 3 years out of 5 years. Also, those with a temporary status will be able to count a portion of their residence in Canada for the required 3 years.

Some of the measures contained in the legislation became effective right on June 19, 2017, whereas others will come into force later this year or early 2018.

The new law also introduces many imminent changes, like removing the intention to reside in Canada provision. The statelessness also got added to a stand-alone ground being considered for a discretionary grant of citizenship. Minors can also now apply or get granted citizenship without assistance, or despite their parents’ situation. The new legislation also removed revocation of citizenship from Canadians with dual citizenship who have convicted of terrorism, treason or espionage, or acts against the national interest of Canada, as was the case of Zakaria Amara who was stripped of his Canadian citizenship last fall after being part in the 2006 Toronto terrorism arrest.

Other changes which will be effective in fall 2017 or in early 2018: the exemption from language proficiency requirements will be granted for more people as well as the right to a Federal Court hearing for individuals whose citizenship has been revoked based on fraud.

The new law has received appreciation, as the Conservative government’s citizenship legislation (Bill C-24) had been seen as creating first and second-class citizens in Canada.

As tweeted by the Minister of Immigration Mr. Hussein, “Canada’s identity has always been shaped by the significant economic, cultural and social contributions of immigrants. Changes to the Citizenship Act will enhance program integrity while giving more flexibility to eligible applicants to meet the requirements for citizenship so that they can continue building successful lives in Canada”.

I applied for citizenship and I received a convocation letter to take the citizenship test. Unfortunately, I was late by 10 minutes and I was not let in to take the test. What should I do now?

Do not worry. You might get a chance to be rescheduled to take the test. You will need to contact the citizenship office as soon as possible. You will also need to send an official letter within 30 days with your reasons for your “no-show” as to why you were late. Otherwise, your application might be considered as abandoned and your file can be closed, which means that you would need to re-apply and re-pay the application fees. The local office handling your application will decide if you had valid reasons for missing the test. If your reasons are considered as valid, you will be rescheduled to take the test another time and day.

Right of citizenship

This is an uncertain area of Canadian citizenship law. The Citizenship Act requires individuals to be resident in Canada for 1095 days in the four years immediately before they apply for citizenship. Canadian courts have interpreted the word “resident” in different ways. One meaning requires you to be physically present in Canada for all of the 1095 days and one day less would not qualify you for citizenship. The other meaning suggests that as long as you have established your regular residence in Canada then even if you were absent for a few days in between and then returned to Canada, your days of absence would still count as days of “residence”.
In response to your question, if you apply for citizenship with 1000 days of physical presence, your application would most likely be refused by Citizenship and Immigration Canada. You can appeal the refusal. An immigration judge will hear your appeal and it is unclear which of the two above meanings they would apply in your case. Neither is “wrong”. Therefore, it is not a guaranteed situation. Even if you get a positive outcome on appeal, the process takes a very long time, sometimes up to four years after your application.

It is, therefore, advisable that you wait until you have 1095 days of physical presence in Canada before applying for citizenship. You do not need to be in Canada for the 1095 days consecutively. You can leave and return as long as you have a total of 1095 days in the four years immediately before the date of your application.

Canadian Citizenship Application: Does working for Canadian employer overseas count towards citizenship?

If I am working for a Canadian employer in Vietnam, does the time I spent there count towards my citizenship requirement?

Days spent working for a Canadian employer abroad can automatically be used for renewal of permanent resident status but it is not so straight forward with citizenship applications. The Citizenship Act requires 1095 days or three years of “residence” as a Permanent Resident in Canada within the four years immediately preceding the citizenship application. If you apply with less than 1095 days in Canada, your application will most likely be rejected.

If you are not sure whether you are eligible for citizenship, you should contact an immigration representative to obtain proper legal information.