Passport Canada can refuse to issue a passport for a variety of reasons. Our Ottawa immigration lawyersOur Ottawa immigration lawyers at Gerami Law PC would be pleased to represent you on your citizenship application. We are familiar with the requirements and the procedures involved for obtaining your citizenship and will ensure you are strongly positioned to succeed in this process.
The Federal Government has recently tabled changes to Canada’s citizenship law, making it tougher to obtain your citizenship. We will explain how these changes may affect your case at your consultation, and develop a strategy that enhances your ability to obtain your citizenship. We have also prepared a table below which summarizes all of these changes and indicates which ones are now in force.
|Category||New Act||Old Act||Changes in Force|
|Residency Requirements for Citizenship||A Permanent Resident needs to reside in Canada for 4 out of 6 years in order to qualify for Citizenship||A Permanent Resident needs to reside in Canada for 3 out of 4 years in order to qualify for Citizenship||Not yet in force|
|Language assessment||The Citizenship applicant need to prove language ability||Language is not a necessary requirement; individual could use an interpreter to prove knowledge of Canada||In force|
|Age to take citizenship test||Individuals between 14 and 64 will need to take the Citizenship Test||Individuals between 18 and 54 need to take the Citizenship test||Not yet in force|
|Revocation of Citizenship||Citizenship can be revoked for:
It can also be revoked for dual citizens for:
|Citizenship can be revoked for:
|Citizenship is||A Privilege||A Right||In force|
|Residency||No time prior to being a permanent resident counts as for calculating the 4 out of 6 years for citizenship||Fifty percent of time as a student or as a live in caregiver, prior to applying for Permanent Resident status counts in Citizenship application calculations||Not yet in force|
|Tax returns||Need to show that you filed income tax returns for 4 out of 6 years||Do not have to show any proof of filing tax returns||Not yet in force|
|Intention to reside in Canada||Requires promise of intent to reside in Canada once citizenship is obtained||Do not have to prove intent to reside in Canada; cannot lose citizenship for planning to reside somewhere else once you obtain citizenship.||Not yet in force|
|Fast-tracking citizenship||Members of the military can apply for citizenship after having served for 3 years||Everyone could apply for citizenship after living in Canada for 3 out of 4 years||In force|
|Passing on citizenship for children born abroad||Children born to Canadian military members abroad, as well as Canadian diplomats abroad can pass on citizenship to their children born abroad||Only one generation can pass citizenship to its children if born abroad||In force|
Citizenship Requirements for Adults
To qualify for applying for a Canadian citizenship you must:
- Be a permanent resident for at least 2 years;
- Be 18 years of age or older;
- Have lived in Canada for at least three of the four years before you apply;
- Be able to communicate (read, write and speak) in English or French (if you are 55 years of age or older, this does not apply); and
- Be knowledgeable about Canada and the responsibilities and privileges of citizenship (if you are 55 years of age or older, this does not apply).
Requirements for Applying for your Child’s Citizenship
To apply for citizenship for a child under 18:
- you must be the child’s parent, adoptive parent or legal guardian,
- the child must be a permanent resident, and
- one parent must be a Canadian citizen or apply to become a citizen at the same time
Citizenship Language Requirements
Canada has two official languages—English and French. To become a citizen, you must show that you have adequate knowledge of one of these languages. In general, this means you can:
- take part in short, everyday conversations about common topics;
- understand simple instructions, questions and directions;
- use basic grammar, including simple structures and tenses; and
- show that you know enough common words and phrases to answer questions and express yourself.
Citizenship Residency Questionnaire
If you have been served with a Residency Questionnaire in the course of your citizenship application, this means you are required to provide additional information to prove your residency in Canada. We will prepare your Residency Questionnaire, explaining any travel history and working with you to provide additional supporting information. Our goal will be to help you avoid any additional delays and to obtain your citizenship as soon as possible.
Impact of a Criminal Record on your Citizenship
If you have a criminal record, are facing criminal charges or have been ordered to leave Canada, you may not be eligible for citizenship. If you are on probation or are charged with a crime and waiting for a trial, Gerami Law to would be glad to meet with you to discuss your case, and explain your rights and options.
- You cannot become a citizen if you:
- have been convicted of an indictable (criminal) offence or an offence under the Citizenship Act in the three years before you apply,
- are currently charged with an offence under the Citizenship Act,
- are in prison, on parole or on probation,
- are under a removal order (Canadian officials have ordered you to leave Canada),
- are being investigated for, are charged with, or have been convicted of a war crime or a crime against humanity, or
- have had your Canadian citizenship taken away in the past five years.
Time in prison or on parole does not count as time you have lived in Canada. Time on probation also does not count if you were convicted of a crime.