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PROPOSED CANADIAN CITIZENSHIP ACT
A comparison with the current act.
Source: Citizenship & Immigration Canada
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
RESIDENCE
Current Act Proposed Act
Residence for three out of four years
(1,095 days);
Requires physical presence for four years
(1,460 days) out of the six years;
No minimum residence requirement per
year;
183 days minimum of physical presence
per year in four out of six years;
Time as a non-permanent resident (non-
PR) may be counted toward residence for
citizenship;
Eliminate use of time spent in Canada as
a non-permanent resident (non-PR);
No intent to reside provision Introduce “intent to reside” provision
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
LANGUAGE REQUIREMENTS
Current Act Proposed Act
Adult applicants aged 18–54 must meet
language requirements and pass
knowledge test; upper age limit of 54
currently established by policy, not in
legislation;
Requires applicants aged 14–64 to meet
language requirements and pass
knowledge test;
Applicants can meet knowledge
requirement with assistance of an
interpreter
Applicants must meet knowledge
requirement in English or French
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
CONSULTANTS REGULATIONS
Current Act Proposed Act
Consultants not required to be registered
or regulated in order to represent
individuals in citizenship manner;
Defines who is an authorized
representative and provides authority to
develop regulations to designate a
regulatory body whose members would
be authorized to act as consultants in
citizenship matters;
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
FRAUD DETERRENCE
Current Act Proposed Act
Few tools to deter fraud and ensure
program integrity and fines and penalties
for fraud are a maximum of $1,000 and/or
one year in prison
;
Authority to refuse applicant for fraud;
fines and penalties for fraud are a
maximum $100,000 and/or five years in
prison
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
FOREIGN CRIMES
Current Act Proposed Act
Bars getting citizenship from people with
domestic criminal charges and
convictions;
Expands bar on getting citizenship to
people with foreign criminal charges and
convictions
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
AUTHORITY TO REVOKE CITIZENSHIP
Current Act Proposed Act
Governor in Council (GIC) final decision maker for
citizenship revocation
Gives Citizenship and Immigration Canada (CIC)
Minister authority to decide on routine revocation
cases
Complex revocation cases such as war crimes, crimes
against humanity, security, other human or
international rights violations, and organized
criminality decided by the Federal Court
No authority to revoke citizenship for acts against
Canada’s national interest
Establishes the authority to revoke Canadian
citizenship from dual citizens who were members of an
armed force or an organized armed group engaged
in armed conflict with Canada, and deny it to PRs for
the same reasons
Authority to revoke Canadian citizenship and deny it
to PRs who are convicted of terrorism, high treason,
treason, or spying offences, depending on the
sentence received
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
LOST CANADIANS
Current Act Proposed Act
Most “Lost Canadians” had their
citizenship restored in 2009, but some “Lost
Canadians” were not covered by
that change and are not eligible for
citizenship
Extends citizenship to “Lost Canadians”
born before 1947 as well as their 1st
generation children born abroad
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
REDUCTION IN STEPS INVOLVED
Current Act Proposed Act
Citizenship grant is a three-step decision-
making process
Changes citizenship grant to a single-step
process that reduces duplication and
improves processing times
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
REQUIREMENT TO FILE INCOME TAX
Current Act Proposed Act
No requirement to file Canadian income
taxes to be eligible for a grant of
citizenship
Requires adult applicants to file Canadian
income taxes, as required under the
Income Tax Act, to be eligible for
citizenship
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
FAST TRACK FOR MILITARY PERSONNEL
Current Act Proposed Act
No fast-track mechanism for citizenship for
members of the military to honour their
service to the Canadian Armed Forces
and address deployment challenges
Creates a fast-track mechanism for
citizenship for PRs serving with and
individuals on exchange with the
Canadian Armed Forces to honour their
service to Canada
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com
COMPLETE APPLICATION
Current Act Proposed Act
Limited authority to define what
constitutes a complete application
Establishes authority to define what
constitutes a complete application and
what evidence applicants must provide
Amir Ismail & Associates (AIA)
Authorized Immigration & Citizenship Advisers
www.worldaia.com - www.amirismail.com
Tel: +647-835-0660, +416-913-0230
info@amirismail.com

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Proposed Canadian Citizenship Act - Adding Value to Canadian Citizenship

  • 1. PROPOSED CANADIAN CITIZENSHIP ACT A comparison with the current act. Source: Citizenship & Immigration Canada Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 2. RESIDENCE Current Act Proposed Act Residence for three out of four years (1,095 days); Requires physical presence for four years (1,460 days) out of the six years; No minimum residence requirement per year; 183 days minimum of physical presence per year in four out of six years; Time as a non-permanent resident (non- PR) may be counted toward residence for citizenship; Eliminate use of time spent in Canada as a non-permanent resident (non-PR); No intent to reside provision Introduce “intent to reside” provision Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 3. LANGUAGE REQUIREMENTS Current Act Proposed Act Adult applicants aged 18–54 must meet language requirements and pass knowledge test; upper age limit of 54 currently established by policy, not in legislation; Requires applicants aged 14–64 to meet language requirements and pass knowledge test; Applicants can meet knowledge requirement with assistance of an interpreter Applicants must meet knowledge requirement in English or French Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 4. CONSULTANTS REGULATIONS Current Act Proposed Act Consultants not required to be registered or regulated in order to represent individuals in citizenship manner; Defines who is an authorized representative and provides authority to develop regulations to designate a regulatory body whose members would be authorized to act as consultants in citizenship matters; Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 5. FRAUD DETERRENCE Current Act Proposed Act Few tools to deter fraud and ensure program integrity and fines and penalties for fraud are a maximum of $1,000 and/or one year in prison ; Authority to refuse applicant for fraud; fines and penalties for fraud are a maximum $100,000 and/or five years in prison Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 6. FOREIGN CRIMES Current Act Proposed Act Bars getting citizenship from people with domestic criminal charges and convictions; Expands bar on getting citizenship to people with foreign criminal charges and convictions Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 7. AUTHORITY TO REVOKE CITIZENSHIP Current Act Proposed Act Governor in Council (GIC) final decision maker for citizenship revocation Gives Citizenship and Immigration Canada (CIC) Minister authority to decide on routine revocation cases Complex revocation cases such as war crimes, crimes against humanity, security, other human or international rights violations, and organized criminality decided by the Federal Court No authority to revoke citizenship for acts against Canada’s national interest Establishes the authority to revoke Canadian citizenship from dual citizens who were members of an armed force or an organized armed group engaged in armed conflict with Canada, and deny it to PRs for the same reasons Authority to revoke Canadian citizenship and deny it to PRs who are convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 8. LOST CANADIANS Current Act Proposed Act Most “Lost Canadians” had their citizenship restored in 2009, but some “Lost Canadians” were not covered by that change and are not eligible for citizenship Extends citizenship to “Lost Canadians” born before 1947 as well as their 1st generation children born abroad Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 9. REDUCTION IN STEPS INVOLVED Current Act Proposed Act Citizenship grant is a three-step decision- making process Changes citizenship grant to a single-step process that reduces duplication and improves processing times Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 10. REQUIREMENT TO FILE INCOME TAX Current Act Proposed Act No requirement to file Canadian income taxes to be eligible for a grant of citizenship Requires adult applicants to file Canadian income taxes, as required under the Income Tax Act, to be eligible for citizenship Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 11. FAST TRACK FOR MILITARY PERSONNEL Current Act Proposed Act No fast-track mechanism for citizenship for members of the military to honour their service to the Canadian Armed Forces and address deployment challenges Creates a fast-track mechanism for citizenship for PRs serving with and individuals on exchange with the Canadian Armed Forces to honour their service to Canada Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com
  • 12. COMPLETE APPLICATION Current Act Proposed Act Limited authority to define what constitutes a complete application Establishes authority to define what constitutes a complete application and what evidence applicants must provide Amir Ismail & Associates (AIA) Authorized Immigration & Citizenship Advisers www.worldaia.com - www.amirismail.com Tel: +647-835-0660, +416-913-0230 info@amirismail.com