Difference between pages "Citizenship Grants: How to Become a Canadian Citizen (17:V)" and "How to Apply for a Citizenship Grant (17:VI)"

From Clicklaw Wikibooks
(Difference between pages)
Jump to navigation Jump to search
 
 
Line 2: Line 2:
{{LSLAP Manual TOC|expanded = citizenship}}
{{LSLAP Manual TOC|expanded = citizenship}}


== A. Grant of citizenship under s 5 ==
== A. The Process ==


'''NOTE:''' Regulations may change. Please check the regulations and the IRCC website for the most current information on what is required for a grant of citizenship under section 5.
=== 1. Mail-in Process ===
A citizenship application must be mailed in using the proper forms provided by IRCC. The new forms are easy to understand and to complete. To order a citizenship application, consult the IRCC website '''(see [[Governing Legislation and Resources on Citizenship (17:II)#B. Resources | Section II.B: Resources]])'''. In-person application assistance is not available from IRCC.


To be granted citizenship, applicants must meet the required qualifications (as set out in s 5(1) of the Citizenship Act). An applicant must:
The IRCC publishes ''Discover Canada: The Rights and Responsibilities of Citizenship'', a book that gives general information regarding the right to vote in elections and run for elected office, voting procedures, and chief characteristics of Canadian physical and political geography. It will help the applicant answer questions in the written test he or she must take to become a citizen. This book is mailed to the applicant after the application for a citizenship grant has been received at the case processing centre. Alternatively, Discover Canada is available on IRCC’s website and a link to it is provided in a letter from IRCC.


a. Make an application for citizenship, or, in the case of a minor, has a person empowered to act on their behalf make the application
An application should be completed as fully as possible. Only the full legal names of the person seeking citizenship will appear on the certificate of citizenship. The name on the permanent resident document will appear on the certificate of citizenship unless legal name change documents have been submitted.


b.     Be a PR with no unfulfilled conditions relating to their status as PR
=== 2. Materials Required with Application ===


c. Have, since becoming a permanent resident,
'''Individuals should carefully fill in all the forms they receive in the mail or from the website. Those forms will be the most current and can be found at:''' http://www.cic.gc.ca/english/citizenship/become.asp.
The application will list the documents that are needed, which will vary depending on the applicant’s particular situation. Any document that is not in English or French must be accompanied by the English or French translation and by an affidavit from the person who completed the translation. Documents that are usually required with all applications are:<br>
:a) A birth certificate or other satisfactory proof of the applicant’s date and place of birth;


:i. been physically present in Canada for at least 1095 days in the five(5) years immediately before the date of submission of the application  for citizenship.
:b) Record of Landing or Permanent Resident Card;


:ii. file income taxes (if required by the Income Tax Act) for any three taxation years that are fully or partially within the five years before you apply.
:c) Satisfactory language evidence;
:d) Satisfactory proof of entry into Canada and of lawful admission for permanent residence. This could include passport(s) or a Certificate of Identity;
:e) A Certificate of Marriage or legal name change document if the applicant’s name has recently changed;


:iii. 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 credit of 365 days.
:f) Photocopies of all valid and expired passports or travel documents you had in the past 5 years. If you don’t have these documents or there are gaps in time between travel documents, an explanation will be needed; and


:iv. with regard to the period of physical presence, please refer to the Citizenship Act ss. 1.01, 1.02, 1.03, 1.2 & 1.3 for detais of exceptions
:g) Photocopies of personal identity documents:  e.g. driver’s license, health insurance card, senior citizen’s card, age of majority card.  


d. For those aged 18-54 years old: Submit proof that they can speak and listen at Canadian Language Benchmark (CLB) Level 4 or higher.
In addition to these documents, the applicant must supply two identical photographs that:


e. For those aged 18-54 years old: Take a citizenship test, showing adequate knowledge of Canada and of the responsibilities and privileges of citizenship;
:a) have been taken within the last six months.
:b) The photographs must show the full front view of the head, with the face in the middle of the photograph, and include the top of the shoulders.


f.     Must not be under a removal order; and
:c) must be 50 mm (2″) by 70 mm (2 3/4'').  


g. Must not be under a prohibition (see C. Prohibitions).
:d) The size of the head, from chin to crown, must be between 31 mm (1 1/4″) and 36 mm (1 7/16″).


'''NOTE:''' The Residence Calculator on the IRCC website is currently accepted by IRCC as a method for calculating presence in Canada. Applicants can print off the results of the calculator and include them with their citizenship application.
:e) Crown means the top of the head or (if obscured by hair or a head covering) where the top of the head or skull would be if it could be seen.


'''NOTE:''' If the individual is between the ages of 18 and 54, they are required to send proof of their ability to speak and ''listen'' in English or French in the citizenship application. Examples of acceptable documents that satisfy this requirement are the results of IRCC-approved third-party tests; transcripts or diploma from a secondary or post-secondary education in English or French, in Canada or abroad; evidence of achieving Canadian Language Benchmark (CLB)/Niveau de compétence linguistique canadien (NCLC) (http://www.language.ca/) level 4 or higher in certain government-funded language training programs. The full list of acceptable documents can be found on the IRCC website.  
=== 3. Fees ===


'''NOTE:''' If an applicant studied at a post-secondary program in English or French in or outside Canada, they do not need to write a language test; they can submit their diploma, transcript, or certificate with their citizenship application.
The fee is $630 for an adult grant. This amount includes a $530 processing fee and a $100 Right of Citizenship fee. The fee for children under 18 is only the $100 processing fee. The processing fee is not refundable unless the applicant withdraws his or her application before processing begins. The Right of Citizenship fee is refundable if the applicant is not approved for citizenship. Fees change regularly. The most recent information about applicable fees may be obtained from the IRCC website (see Section II.B: Resources); see also the Citizenship Regulations, SOR/93-246 in which the fees are proscribed.


== B. Resumption of citizenship, s 11 ==
If you go to the [http://www.cic.gc.ca/english/information/fees/fees.asp IRCC website], there is a useful fee list, which may be used to determine the applicable fees for all applicants.


A person who was a Canadian citizen in the past, but who lost citizenship, may apply for a '''grant''' of citizenship (resumption) under [http://www.cic.gc.ca/english/citizenship/language.asp s 11(1) of the ''Citizenship Act'']. A former Canadian citizen may resume citizenship if that person:<br>
Payment must be made online at [http://www.cic.gc.ca www.cic.gc.ca].  
'''NOTE:''' In January 2019, a Federal Court in Ottawa (''Tammy Lynn Mayes and Justice for Children and Youth  v The Minister of Citizenship and Immigration'')  ruled that a Minister may exercise discretion and waive the applicable processing fees to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada.


a) Makes an application for resumption of citizenship,<br>
=== 4. Filing ===


b) Was a citizen and lost citizenship by means other than revocation,<br>
After the application form is correctly completed and the client collects all the required materials (documents and photographs), the form, all documents, and fee receipt should be sent to the Case Processing Centre in Sydney, Nova Scotia. If a family wishes to be processed together, all applications should be submitted in the same envelope. Starting from June 3, 2013, all family members who apply together on one citizenship application will no longer be approved at the same time. Applicants who pass the test will now be processed independent of other family members.


c) Became a permanent resident after the loss of citizenship,<br>
See also the IRCC website:
[http://www.cic.gc.ca/english/citizenship/become-how.asp www.cic.gc.ca/english/citizenship/become-how.asp]


d) d) Lived in Canada as a permanent resident for at least one year during the two years immediately before the application, and filed income tax (if required) for the last taxation year immediately before the application,
=== 5. After Filing the Application ===


e) Is not under a prohibition for certain criminal charges and convictions,<br>
'''NOTE:''' It is anticipated that the minimum and maximum age requirements will change soon.  Users of this service are advised to seek current information from the [http://www.cic.gc.ca/english/index.asp IRCC website] on the age requirements.


f) Is not under a removal order (e.g. deportation), and<br>
Once the Registrar receives the application and supporting documents, the Department will begin processing the application and determine whether the applicant meets the requirements of the Act. When it has been determined that an applicant is eligible to apply for citizenship, and they have passed the required clearances, they are scheduled for a citizenship test and an interview with a citizenship official. If the applicant is between the ages of 18 and 54, he or she must pass a test about Canada’s history, geography and the rights and responsibilities of citizenship. The applicant is given at least seven days (usually two - three weeks) written notice prior to the date of the examination. If the applicant is '''55 years or older''' he or she does not have to write the test, however, they are still required to attend an interview.


g) Does not present a security risk.
Where an applicant has failed to provide all materials relating to the application, the Registrar will give notice to the applicant to provide the appropriate materials. If the applicant fails to comply with this notice, the Registrar will send a second notice. Failure to comply with the second notice will result in the abandonment of the application, and the applicant will have to file a new application.


Women who lost their citizenship by a law in force before January 1, 1947 because of their marriage or because their husband acquired foreign nationality can resume their citizenship as soon as they notify the Minister of their intention and produce satisfactory evidence to prove they meet the requirements of [http://www.cic.gc.ca/english/citizenship/language.asp s 11(2)]. The applicant should provide the reasons she wants another certificate of citizenship and should surrender all previous certificates either at the time of application or when she receives her new certificate. Where the applicant has lost or destroyed her certificate of naturalization or citizenship, she must provide the details of that loss or destruction.
=== 6. Processing Time ===
According to the IRCC website, the total processing time for a routine application for citizenship varies (Please refer to the IRCC website to see current processing times). An application is considered routine if:


== C. Prohibitions (ss 19 & 22 of the Act) ==
a) All the necessary documents and correct fees are received by IRCC,


Persons will not be granted citizenship under ss 5(1),(2) or (4) or 11(1) of the ''Citizenship Act'', or take the oath of citizenship, if the person:
b) The applicant meets the residence requirement,


a) Is under a probation order,
c) The applicant is not subject to any immigration, security or criminal prohibitions,


b) Is a paroled inmate,
d) The applicant passes the citizenship test, and


c) Is serving a term of imprisonment,
e) The applicant does not need a hearing with a citizenship judge.


d) d) While the person is serving a sentence outside Canada for an offence committed outside Canada that, if committed in Canada, would constitute an offence under an enactment in force in Canada;


e) Is charged with, on trial for, subject to, or a party to an appeal relating to an offence under the  ''Citizenship Act'' or any indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the ''Contraventions Act'', SC 1992, c 47 [''Contraventions Act''],
'''NOTE:''' Due to COVID-19, IRCC processing times have increased, and there is limited capacity to process citizenship applications and provide processing timelines. 


f) Requires but has not obtained the consent of the Minister of Immigration, Refugees and Citizenship, under s 52(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [Immigration and Refugee Protection Act], to be admitted to and remain in Canada as a permanent resident,
'''NOTE:''' If a candidate has an emergency, they can request urgent processing of their citizenship application. More information can be found on the [https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/citizenship.html IRCC website].


g) Is under investigation by the Minister of Justice, the RCMP, or the Canadian Security Intelligence Service or charged with, on trial for, a party to an appeal, or has been convicted of an act or omission referred to in s 7(3.71) of the Criminal Code, RSC 1985, c. C-46, (war crimes or crimes against humanity),
== B. The Citizenship Interview and Test ==


h) Convicted of certain crimes against humanity or war crimes;
=== 1. Interview and Test ===


i) If the applicant misrepresents or withhold important or relevant facts that could induce immigration authorities to make an error in administering immigration laws and regulations with respect to their application;
All adult applicants and some minor applicants will be scheduled for a meeting with a citizenship officer, which is generally referred to as an “interview”. This interview happens the same day that the citizenship test is scheduled, and is conducted at the test location. .  IRCC is now moving towards online citizenship tests, rather than in-person ones. In that case, your interview may be conducted at a later date.


j) In the four year period immediately preceding the date of the citizenship application, or during the period between the date of the application and the date citizenship would be granted or the oath of citizenship would be recited, the person has been convicted of an offence under s 29(2) or (3) or of an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the ''Contraventions Act'', or
For the interview, the applicant must bring with them their passports and other documents that they provided as part of their citizenship application. They should be prepared to speak briefly with the citizenship officer conducting the Interview in English or French, and the officer may ask questions about the application (such as requesting clarification on travel dates or other facts that are material to the application).


h) During the 10 years immediately preceding the citizenship application, ceased to be a citizen pursuant to s 10(1), where the Governor in Council was satisfied that the person has obtained, retained, renounced or resumed citizenship under the ''Citizenship Act'' by false representation or fraud or by knowingly concealing material circumstances. Time spent in prison, on parole or on probation does not count towards fulfilling the residency requirement.
Where an applicant meets a minimum language requirement (which are assessed at the interview), meets the residency requirements, and has no suspected prohibitions, he or she will be required to take a written examination if his or her age is between 18 and 54 years. Applicants may be able to have an oral test instead if they have problems like difficulty in reading and writing in English or French. The examination consists of multiple-choice questions and true or false questions. It tests an applicant’s knowledge of Canada, including aspects of history, geography, economy, government, laws, symbols, and citizens’ rights and responsibilities. There will be 20 questions and an applicant needs to get 15 correct answers to pass the test. It is mandatory for citizenship applicants to correctly answer two questions related to s 15(a) of the Citizenship Regulations and one question related to s 15(b). Subsection 15(a) sets out the right to vote and run for elected office and s 15(b) deals with voting procedures. Applicants who fail their first citizenship test, but otherwise met all other criteria, have the opportunity to rewrite the test about 4-8 weeks later before being referred to a citizenship officer. If the applicant passes the test, he or she returns later for the citizenship ceremony.


Additionally, citizenship will not be granted where there are reasonable grounds to believe that an applicant will engage in activity that:
Questions in the citizenship test are based on the information provided in a free booklet called ''Discover Canada: The Rights and Responsibilities of Citizenship''. IRCC will send this booklet to applicants once their applications for citizenship are filed. [http://www.cic.gc.ca/english/resources/publications/discover/ A PDF version of the booklet] can also be downloaded from the IRCC website.


a) Constitutes a threat to the security of Canada, or
The test takes place in a relatively informal environment where the applicants are required to write the exam on their laps. The majority of people find the 30 minutes provided to be sufficient to finish the exam. However, people who lack adequate knowledge of English or French could experience difficulties with passing the test.
 
b) Is part of a pattern of criminal activity planned and organized by a number of persons acting in concert to commit any offence that is punishable by indictment under any Act of Parliament.
'''NOTE:''' Due to COVID-19, citizenship tests and interviews are now conducted online.
 
'''NOTE:''' A local non-profit organization, the B.C. Civil Liberties Association, publishes ''The Citizenship Handbook'', a free guide intended to help introduce new Canadians to the country’s political process. The handbook is available in English, Chinese, Spanish, Vietnamese, and Punjabi. Call (604) 687-2919 for more information.
 
=== 2. Citizenship Judge ===
 
In situations where the person is illiterate, does not meet the residency requirement, is suspected of some prohibition, or fails the written test, he or she will be requested to attend an oral hearing with a Citizenship Judge. The oral interview offers a second chance to those who fail the written examination.  It is to be noted that Citizenship Judges are Canadian Federal Government employees and are not appointed through the methods used for other Federal Judge positions.
 
'''It should be noted that diversion to a citizenship judge can add significant time to processing and is not always successful, so if the client can avoid this through adequate preparation they should do so.'''


Persons not approved for these reasons will have any applications or appeals rejected and this declaration will have effect for three years after the date on which it has been made.
The purpose of the hearing is to determine whether or not the applicant fulfils the requirements of the ''Citizenship Act'' to become a citizen. Friends and relatives of the applicant may ask to attend the hearing but it is the judge’s discretion whether to allow them to attend. Applicants should bring all relevant documents to the hearing, such as passport(s), IMM1000 (record of landing), confirmation of permanent residence, permanent resident card, separation or divorce papers, and any additional proof of residency in Canada.
During the interview, the judge will ask the applicant simple oral questions based on the instructional materials to decide if the applicant has adequate knowledge of French or English. The applicant must show that his or her vocabulary in the language is appropriate for conducting day-to-day activities with the general public and that he or she comprehends simple, spoken sentences in the past, present, and future tenses and can express him or herself similarly. The judge will also evaluate whether the applicant has adequate knowledge of Canada and the rights and responsibilities of citizenship, especially the right to vote and participate in the country’s political life.
If a client is nervous or needs help preparing for the interview, various school boards, community colleges, and voluntary organizations, such as the Immigration Services Society of B.C., provide training courses for this purpose. This series of learning classes, held once or twice weekly, is conducted in English or bilingually, so a basic understanding of English is essential to benefit from it. Applicants may phone those organizations for more information.


== D. Minors ==
The applicant must inform the citizenship office if he or she is unable to attend the scheduled hearing. If the applicant does not appear, the file will be held for 60 days. If, at the end of 60 days, the applicant has still not contacted the citizenship office and provided a valid reason for failing to show up, a second notice is sent to the applicant by registered mail. If the applicant still fails to show; the file will be considered abandoned. In the event of abandonment, the applicant must make a new application and pay a new fee, as no further action will be taken with respect to the old one.


With the 2017 Bill C-6 having received royal assent, minors can now apply for citizenship without a Canadian parent, as the age requirement for citizenship has been removed under subsection 5(1). A person having custody of the minor or empowered to act on their behalf by court order, written agreement or operation of law (s, 5(1.04)), can now apply for citizenship on behalf of the minor, unless that requirement is waived by the Minister (ss. 5(1.05) & 5(3)(b)(v)).
== C. The Oath of Citizenship and the Citizenship Ceremony ==


The four-year residency requirement does not apply to children under the age of 18. There is no residency requirement for children applying under [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont s 5(2)]. Parents who are citizens may apply for citizenship for their child as soon as the child becomes a permanent resident ([http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont s 5(2)]). Adoptive parents who are citizens may bypass the permanent residency requirement, and may make an application for citizenship on behalf of their child directly ([http://laws-lois.justice.gc.ca/eng/acts/C-29/page-3.html#docCont s 5.1(1)]). However, in order to do so the adoption must “create a genuine relationship of parent and child”. Additionally, this direct route to citizenship is not available beyond the first generation of Canadians born or adopted abroad (i.e. the parents must derive their own citizenship by being born in Canada or through naturalization).
If an application is approved, successful applicants are notified in writing to attend a formal ceremony to receive their citizenship certificates. Most ceremonies are held at the citizenship office. Successful applicants must bring their original (or certified) Immigration Record of Landing (not a photocopy or reproduction) or Permanent Resident card and the Records of any minor children who are becoming citizens with them. Immediately before taking the Oath of Citizenship, the Record of Landing will be stamped, updating the applicant’s status from permanent resident to Canadian citizen.


Children are not required to write the citizenship test, but children who are 14 and over are required to take the oath. If a child turns 18 before the end of the application process, he or she cannot be granted citizenship as a minor, even though they were under the age of 18 at the time of application. They must submit an adult application of citizenship. Stateless applicants under [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont s 5(5)] have until age 23 to complete the application process.
If the Record of Landing has been lost or stolen, the applicant must notify the police immediately. When successful applicants come to their ceremony, they must bring satisfactory evidence that they have reported the loss or theft to the police, and will also be required to complete a statutory declaration.


== E. Special cases ==
'''NOTE:''' If the applicant forgets to bring the Record of Landing or evidence of a reported loss or theft, local office staff will make arrangements for the applicant to return with the necessary papers to another ceremony or, where applicable, exercise their discretion to allow the applicant to participate in a ceremony with the understanding that he or she will become a citizen, but only receive the commemorative document at that time. In that case, the applicant’s file with the citizenship certificate will be kept in the local office until the applicant brings or sends the Record of Landing to be stamped. Citizenship certificates not picked up within a reasonable time will be destroyed. The client will need to apply for a new certificate.


In some cases, the Minister may, at his or her discretion, waive on compassionate grounds ([http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont s 5(3)]),<br>
Citizenship ceremonies are open to the public. Applicants who are 14 years of age or over on the day they are granted citizenship are required to take the oath of citizenship, which is repeated after a judge.


a) The requirements of language and knowledge of Canada or of the responsibilities and privileges of citizenship, and<br>
:OATH OR AFFIRMATION OF CITIZENSHIP


b) The requirement to take the oath, in the case of any person who is prevented from understanding the significance of taking the oath of citizenship by reason of mental disability.
:“I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian Citizen.


Section 5(3.1) requires that for the purpose of section 5, if an applicant for citizenship is a disabled person, the Minister to take into consideration the measures that are reasonable to accommodate the needs of that person.
== D. Judicial Reviews ==


[http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont Section 5(4)] allows the Governor in Council, in his or her discretion, to direct the Minister to grant citizenship to any person in order to alleviate cases of statelessness or of special and unusual hardship or to reward service of exceptional value to Canada, notwithstanding any other requirements under the Act. The relevant policy guideline of IRCC can be found at this website: [http://www.cic.gc.ca/english/resources/manuals/index.asp www.cic.gc.ca/english/resources/manuals/index.asp]. Exceptions are granted so it is always worth considering this. The policy guideline is vital in this consideration.
Where an application has not been approved, the applicant will be notified of the decision, the reasons for the decision, and his or her right to judicial review. All judicial reviews are made to the Federal Court of Canada. If an applicant decides to seek judicial review, a Notice of Application must be filed in the Court Registry within '''30 days''' of the date the notice of refusal was received. All decisions of the Federal Court are final. However, applicants are free to reapply at any time.


{{LSLAP Manual Navbox|type=chapters15-22}}
{{LSLAP Manual Navbox|type=chapters15-22}}

Revision as of 22:01, 16 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 16, 2021.



A. The Process

1. Mail-in Process

A citizenship application must be mailed in using the proper forms provided by IRCC. The new forms are easy to understand and to complete. To order a citizenship application, consult the IRCC website (see Section II.B: Resources). In-person application assistance is not available from IRCC.

The IRCC publishes Discover Canada: The Rights and Responsibilities of Citizenship, a book that gives general information regarding the right to vote in elections and run for elected office, voting procedures, and chief characteristics of Canadian physical and political geography. It will help the applicant answer questions in the written test he or she must take to become a citizen. This book is mailed to the applicant after the application for a citizenship grant has been received at the case processing centre. Alternatively, Discover Canada is available on IRCC’s website and a link to it is provided in a letter from IRCC.

An application should be completed as fully as possible. Only the full legal names of the person seeking citizenship will appear on the certificate of citizenship. The name on the permanent resident document will appear on the certificate of citizenship unless legal name change documents have been submitted.

2. Materials Required with Application

Individuals should carefully fill in all the forms they receive in the mail or from the website. Those forms will be the most current and can be found at: http://www.cic.gc.ca/english/citizenship/become.asp.

The application will list the documents that are needed, which will vary depending on the applicant’s particular situation. Any document that is not in English or French must be accompanied by the English or French translation and by an affidavit from the person who completed the translation. Documents that are usually required with all applications are:

a) A birth certificate or other satisfactory proof of the applicant’s date and place of birth;
b) Record of Landing or Permanent Resident Card;
c) Satisfactory language evidence;
d) Satisfactory proof of entry into Canada and of lawful admission for permanent residence. This could include passport(s) or a Certificate of Identity;
e) A Certificate of Marriage or legal name change document if the applicant’s name has recently changed;
f) Photocopies of all valid and expired passports or travel documents you had in the past 5 years. If you don’t have these documents or there are gaps in time between travel documents, an explanation will be needed; and
g) Photocopies of personal identity documents: e.g. driver’s license, health insurance card, senior citizen’s card, age of majority card.

In addition to these documents, the applicant must supply two identical photographs that:

a) have been taken within the last six months.
b) The photographs must show the full front view of the head, with the face in the middle of the photograph, and include the top of the shoulders.
c) must be 50 mm (2″) by 70 mm (2 3/4).
d) The size of the head, from chin to crown, must be between 31 mm (1 1/4″) and 36 mm (1 7/16″).
e) Crown means the top of the head or (if obscured by hair or a head covering) where the top of the head or skull would be if it could be seen.

3. Fees

The fee is $630 for an adult grant. This amount includes a $530 processing fee and a $100 Right of Citizenship fee. The fee for children under 18 is only the $100 processing fee. The processing fee is not refundable unless the applicant withdraws his or her application before processing begins. The Right of Citizenship fee is refundable if the applicant is not approved for citizenship. Fees change regularly. The most recent information about applicable fees may be obtained from the IRCC website (see Section II.B: Resources); see also the Citizenship Regulations, SOR/93-246 in which the fees are proscribed.

If you go to the IRCC website, there is a useful fee list, which may be used to determine the applicable fees for all applicants.

Payment must be made online at www.cic.gc.ca.

NOTE: In January 2019, a Federal Court in Ottawa (Tammy Lynn Mayes and Justice for Children and Youth v The Minister of Citizenship and Immigration) ruled that a Minister may exercise discretion and waive the applicable processing fees to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada.

4. Filing

After the application form is correctly completed and the client collects all the required materials (documents and photographs), the form, all documents, and fee receipt should be sent to the Case Processing Centre in Sydney, Nova Scotia. If a family wishes to be processed together, all applications should be submitted in the same envelope. Starting from June 3, 2013, all family members who apply together on one citizenship application will no longer be approved at the same time. Applicants who pass the test will now be processed independent of other family members.

See also the IRCC website: www.cic.gc.ca/english/citizenship/become-how.asp

5. After Filing the Application

NOTE: It is anticipated that the minimum and maximum age requirements will change soon. Users of this service are advised to seek current information from the IRCC website on the age requirements.

Once the Registrar receives the application and supporting documents, the Department will begin processing the application and determine whether the applicant meets the requirements of the Act. When it has been determined that an applicant is eligible to apply for citizenship, and they have passed the required clearances, they are scheduled for a citizenship test and an interview with a citizenship official. If the applicant is between the ages of 18 and 54, he or she must pass a test about Canada’s history, geography and the rights and responsibilities of citizenship. The applicant is given at least seven days (usually two - three weeks) written notice prior to the date of the examination. If the applicant is 55 years or older he or she does not have to write the test, however, they are still required to attend an interview.

Where an applicant has failed to provide all materials relating to the application, the Registrar will give notice to the applicant to provide the appropriate materials. If the applicant fails to comply with this notice, the Registrar will send a second notice. Failure to comply with the second notice will result in the abandonment of the application, and the applicant will have to file a new application.

6. Processing Time

According to the IRCC website, the total processing time for a routine application for citizenship varies (Please refer to the IRCC website to see current processing times). An application is considered routine if:

a) All the necessary documents and correct fees are received by IRCC,

b) The applicant meets the residence requirement,

c) The applicant is not subject to any immigration, security or criminal prohibitions,

d) The applicant passes the citizenship test, and

e) The applicant does not need a hearing with a citizenship judge.


NOTE: Due to COVID-19, IRCC processing times have increased, and there is limited capacity to process citizenship applications and provide processing timelines.

NOTE: If a candidate has an emergency, they can request urgent processing of their citizenship application. More information can be found on the IRCC website.

B. The Citizenship Interview and Test

1. Interview and Test

All adult applicants and some minor applicants will be scheduled for a meeting with a citizenship officer, which is generally referred to as an “interview”. This interview happens the same day that the citizenship test is scheduled, and is conducted at the test location. . IRCC is now moving towards online citizenship tests, rather than in-person ones. In that case, your interview may be conducted at a later date.

For the interview, the applicant must bring with them their passports and other documents that they provided as part of their citizenship application. They should be prepared to speak briefly with the citizenship officer conducting the Interview in English or French, and the officer may ask questions about the application (such as requesting clarification on travel dates or other facts that are material to the application).

Where an applicant meets a minimum language requirement (which are assessed at the interview), meets the residency requirements, and has no suspected prohibitions, he or she will be required to take a written examination if his or her age is between 18 and 54 years. Applicants may be able to have an oral test instead if they have problems like difficulty in reading and writing in English or French. The examination consists of multiple-choice questions and true or false questions. It tests an applicant’s knowledge of Canada, including aspects of history, geography, economy, government, laws, symbols, and citizens’ rights and responsibilities. There will be 20 questions and an applicant needs to get 15 correct answers to pass the test. It is mandatory for citizenship applicants to correctly answer two questions related to s 15(a) of the Citizenship Regulations and one question related to s 15(b). Subsection 15(a) sets out the right to vote and run for elected office and s 15(b) deals with voting procedures. Applicants who fail their first citizenship test, but otherwise met all other criteria, have the opportunity to rewrite the test about 4-8 weeks later before being referred to a citizenship officer. If the applicant passes the test, he or she returns later for the citizenship ceremony.

Questions in the citizenship test are based on the information provided in a free booklet called Discover Canada: The Rights and Responsibilities of Citizenship. IRCC will send this booklet to applicants once their applications for citizenship are filed. A PDF version of the booklet can also be downloaded from the IRCC website.

The test takes place in a relatively informal environment where the applicants are required to write the exam on their laps. The majority of people find the 30 minutes provided to be sufficient to finish the exam. However, people who lack adequate knowledge of English or French could experience difficulties with passing the test.

NOTE: Due to COVID-19, citizenship tests and interviews are now conducted online.

NOTE: A local non-profit organization, the B.C. Civil Liberties Association, publishes The Citizenship Handbook, a free guide intended to help introduce new Canadians to the country’s political process. The handbook is available in English, Chinese, Spanish, Vietnamese, and Punjabi. Call (604) 687-2919 for more information.

2. Citizenship Judge

In situations where the person is illiterate, does not meet the residency requirement, is suspected of some prohibition, or fails the written test, he or she will be requested to attend an oral hearing with a Citizenship Judge. The oral interview offers a second chance to those who fail the written examination. It is to be noted that Citizenship Judges are Canadian Federal Government employees and are not appointed through the methods used for other Federal Judge positions.

It should be noted that diversion to a citizenship judge can add significant time to processing and is not always successful, so if the client can avoid this through adequate preparation they should do so.

The purpose of the hearing is to determine whether or not the applicant fulfils the requirements of the Citizenship Act to become a citizen. Friends and relatives of the applicant may ask to attend the hearing but it is the judge’s discretion whether to allow them to attend. Applicants should bring all relevant documents to the hearing, such as passport(s), IMM1000 (record of landing), confirmation of permanent residence, permanent resident card, separation or divorce papers, and any additional proof of residency in Canada.

During the interview, the judge will ask the applicant simple oral questions based on the instructional materials to decide if the applicant has adequate knowledge of French or English. The applicant must show that his or her vocabulary in the language is appropriate for conducting day-to-day activities with the general public and that he or she comprehends simple, spoken sentences in the past, present, and future tenses and can express him or herself similarly. The judge will also evaluate whether the applicant has adequate knowledge of Canada and the rights and responsibilities of citizenship, especially the right to vote and participate in the country’s political life.

If a client is nervous or needs help preparing for the interview, various school boards, community colleges, and voluntary organizations, such as the Immigration Services Society of B.C., provide training courses for this purpose. This series of learning classes, held once or twice weekly, is conducted in English or bilingually, so a basic understanding of English is essential to benefit from it. Applicants may phone those organizations for more information.

The applicant must inform the citizenship office if he or she is unable to attend the scheduled hearing. If the applicant does not appear, the file will be held for 60 days. If, at the end of 60 days, the applicant has still not contacted the citizenship office and provided a valid reason for failing to show up, a second notice is sent to the applicant by registered mail. If the applicant still fails to show; the file will be considered abandoned. In the event of abandonment, the applicant must make a new application and pay a new fee, as no further action will be taken with respect to the old one.

C. The Oath of Citizenship and the Citizenship Ceremony

If an application is approved, successful applicants are notified in writing to attend a formal ceremony to receive their citizenship certificates. Most ceremonies are held at the citizenship office. Successful applicants must bring their original (or certified) Immigration Record of Landing (not a photocopy or reproduction) or Permanent Resident card and the Records of any minor children who are becoming citizens with them. Immediately before taking the Oath of Citizenship, the Record of Landing will be stamped, updating the applicant’s status from permanent resident to Canadian citizen.

If the Record of Landing has been lost or stolen, the applicant must notify the police immediately. When successful applicants come to their ceremony, they must bring satisfactory evidence that they have reported the loss or theft to the police, and will also be required to complete a statutory declaration.

NOTE: If the applicant forgets to bring the Record of Landing or evidence of a reported loss or theft, local office staff will make arrangements for the applicant to return with the necessary papers to another ceremony or, where applicable, exercise their discretion to allow the applicant to participate in a ceremony with the understanding that he or she will become a citizen, but only receive the commemorative document at that time. In that case, the applicant’s file with the citizenship certificate will be kept in the local office until the applicant brings or sends the Record of Landing to be stamped. Citizenship certificates not picked up within a reasonable time will be destroyed. The client will need to apply for a new certificate.

Citizenship ceremonies are open to the public. Applicants who are 14 years of age or over on the day they are granted citizenship are required to take the oath of citizenship, which is repeated after a judge.

OATH OR AFFIRMATION OF CITIZENSHIP
“I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian Citizen.”

D. Judicial Reviews

Where an application has not been approved, the applicant will be notified of the decision, the reasons for the decision, and his or her right to judicial review. All judicial reviews are made to the Federal Court of Canada. If an applicant decides to seek judicial review, a Notice of Application must be filed in the Court Registry within 30 days of the date the notice of refusal was received. All decisions of the Federal Court are final. However, applicants are free to reapply at any time.

© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.