Considering Canadian Citizenship?

Canadian Citizenship

Many new immigrants arrive in Canada in the hopes of one day becoming Canadian citizens. Second to the decision to immigrate in the first place, taking Canadian citizenship can be the most important immigration decision a person can make.

In 2003, Canada welcomed over 147,000 new citizens through immigration. By the end of September 2004, Canada welcomed just fewer than 147,000 new immigrants in that year. Although the final tally for 2004 is not yet available, it looks like 2004 numbers will be approximately 30% higher than 2003. Why the increase?

Canada is consistently ranked among the very best places in the world to live. It is a sound democracy, with strict adherence to rights and freedoms. Canada has a reliable currency, an excellent business climate and culture enriched by countless multicultural influences. Also, in the post 9/11 world, international mobility is becoming more difficult. As such, many are looking to secure a reliable Canadian passport that will ease travel and facilitate entry into foreign lands.

Another reason more people are taking out citizenship is new restrictions on permanent residents, obligating them to be resident in Canada 730 days out of every five year period. Once citizenship is attained, these restrictions no longer apply, and persons can return to their country of birth for an indefinite period of time without ever worrying about not being let back into Canada.
To become a Canadian citizen you must:
-be 18 years of age or older;
-be a permanent resident of Canada;
-have lived in Canada for at least three of the four years before applying;
-be able to communicate in either English or French;
-know about Canada;
-know about the rights and responsibilities of citizenship;
You cannot apply for Canadian citizenship if:
-are under a removal order;
-are now charged with an indictable criminal offence;
-have been convicted of an indictable criminal offence in the past three years;
-are now in prison, on parole, or on probation;
-are being investigated for or have been convicted of war crimes;
-had your citizenship revoked in the last five years.
If you are between 18 and 59 you must pass a test that examines your knowledge about Canada and the rights and responsibilities of citizenship. Courteously, Citizenship and Immigration Canada (CIC) provides all applicants with a study guide to help them prepare.
Once your application is approved and you passed your citizenship test, the final step to becoming a Canadian citizen is taking your citizenship oath. At that moment, you will cease to become a permanent resident and will from that day forward be a Canadian citizen.
A common problem that applicants face when considering citizenship is calculating the requirement to reside in Canada for 3 years (1095 days) out of 4 years prior to applying. An applicant will get credit for every day that he or she resides in Canada after becoming a permanent resident. An applicant will also receive credit for half of one day for each day he or she resided in Canada prior to becoming a permanent resident. When adding up these days, it is important to remember that only days within the immediate 4 years prior to your application date will count. Any time spent on probation, as a paroled inmate or in jail will not count towards the three year requirement.
Within the Citizenship Act there are a number of safeguards that allow the Minister of Citizenship and Immigration, or a citizenship judge to approve an application for citizenship when an applicant does not meet all of the requirements in special circumstances.
As CIC currently estimates that applications for citizenship will take 12-15 months to process, it is worthwhile to ensure that you meet citizenship requirements prior to applying. If you require special consideration or have any complications in your application, seek advice professional advice prior to applying.

Sponsoring your spouse

Spousal connections
With recent policy changes on spousal sponsorships, there is much to consider before you send in your application.

Under the Immigration and Refugee Protection Act, Canadian citizens and permanent residents can sponsor their spouse to immigrate to Canada.

Citizens or permanent residents already cohabiting with their spouse in Canada can file a sponsorship application as a member of the “in-land class” of applicants or abroad as a member of the “family class” of applicants. When one spouse lives in Canada and the other spouse lives abroad the application must be made through the family class.

Which class you choose to use will impact who assesses the application, what rights the applicant has and the processing time that it takes to finalize the application. The in-land class is processed entirely in Canada and the family class is processed partially in Canada and partially at the visa post that services the applicant’s country of citizenship or residence.

There are a number of benefits in using the family class, including a right to appeal if the application is refused, historically faster processing time than the inland class and the applicant is free to live outside of Canada while the application is being processed.

Also, filing a family class application does not mean that you must be outside of Canada while the application is being processed. Applicants can be in or travel to Canada while the application is being processed so long as the applicant stays in status — that is, he or she has a valid visa.
The benefits of applying through the in-land class include the ability to continue to cohabit with your spouse while the application is being processed and an entitlement to an open study permit or work permit (once the application is approved in principle, but before a permanent resident visa is issued).

Be aware that the applicant cannot live outside Canada while an inland class application is being processed, but short trips abroad are typically allowed. Also, if the application is refused, in-land sponsors are not entitled to an appeal of the decision.

On February 18, 2005, Citizenship and Immigration Canada announced a new policy that prioritized the processing of all spousal applications and removed the requirement for in-land spouses to be in status when their application is submitted. That being said, it is always advised to remain in status when possible while in Canada.

This policy has opened Canada’s doors to spouses who are in Canada and whom are, for example, failed refugee claimants or people who forgot to extend their study, work or visitor visas.

To qualify under this policy, an applicant must be sponsored by a Canadian citizen or permanent resident who is their genuine spouse and with whom they cohabit.
There are a number of restrictions that will make a person ineligible for the program. For example, an applicant will not qualify if inadmissible to Canada for criminal, security or serious public health risks.

One of the most contentious issues stemming from this policy is the effect it will have on persons who are in the process of being removed from Canada. Filing an in-land spousal application will not always stop removal from Canada. But, if an applicant is removed from Canada prior to approval of an application, the applicant will be allowed to return to Canada upon approval.
In 2004, an estimated more than 40,000 spouses were reunified with their Canadian spouse through family-class applications. For the thousands still waiting in queue, the new policy also brings hope of quicker processing times and quicker reunification.

Ryan N. Rosenberg, BA, LLB, is an immigration lawyer with Larlee & Associates. Email him at rnrosenberg@larlee.com.

Protecting Permanent Resident Status

Congratulations! You have completed the complicated and lengthy process of obtaining permanent resident status in Canada. You suffered through application forms and lengthy processing times. You enduredmedical examinations, photographing and fingerprinting. You paid application and landing fees and have been issued a shiny wallet-sized permanent

resident card. You transplanted your life and your family’s life, perhaps started a new job and moved into a new home. Your effort has been enormous, but is your status in Canada secure?

Under the Immigration and Refugee Protection Act, you must comply with residency obligations to maintain your permanent resident status. You can lose your status if you fail to meet these obligations — a scary proposition considering how hard you worked to achieve your status in the first place.

For every five-year period, you are obligated to accumulate at least 730 days of being one of the following:

• Physically present in Canada.

• Outside of Canada but accompanying a Canadian citizen who is your spouse or common-law partner (or parent, in the case of a child).

• Outside of Canada but employed on a full-time basis by a Canadian business or in the public service of Canada or a province.

• Outside of Canada but accompanying a permanent resident who is your spouse or common-law partner (or parent, in the case of a child) and who is employed on a fulltime basis by a Canadian business or in the public service of Canada or a province.

However, a plain reading of these obligations can lead you astray. Aside from the option of being physically present in Canada, compliance is complicated. For example, what constitutes a “Canadian business” for the last two options? A Canadian business can be incorporated outside of Canada, so long as a majority of shareholders are Canadian and the business is capable of and anticipates profitability. Also, the 730 days do not need to be consecutive, but they must be accumulated

within every five-year period. This means that from any given moment in time, looking backward, you should have 730 days under your belt. If you haven’t been a permanent resident for five years yet, you need to ensure that you will reach 730 days within the first five years.

Permanent resident status in Canada is a privilege, not a right. Here are some tips to help you secure your status.

• If you plan to reside in Canada, you should apply for citizenship as soon as you qualify. As a citizen, residency obligations do not apply to you and you will be free to leave Canada knowing that you will always be welcome back.

• Keep a record each time you leave Canada, including the dates, reason for leaving, your itinerary and boarding passes, and the names of whom you resided with outside of Canada. Careful recordkeeping will go a long way to secure your status in Canada and Canadian citizenship.

• If you plan to travel or reside outside of Canada extensively, do not leave until you have devised a residency protection

strategy. It is far less expensive to seek advice and implement a residency protection strategy than it is to leave Canada and lose your status or be forced to litigate.

• If you are already living outside of Canada and believe that you have not met the residency requirements, do not return without first seeking the advice of a professional.