Canadian Citizenship Lawyer

Citizenship by Naturalization

Canadian Citizenship Application Requirements

To be eligible for Canadian citizenship, permanent residents must adhere to specific residency and compliance requirements. Here’s a streamlined summary of the prerequisites:

• Residency Obligations: Applicants need to have been physically present in Canada for at least three out of the five years prior to their application. Notably, time spent in Canada as a temporary resident or protected person before becoming a permanent resident counts towards this requirement, albeit at a half-day rate for up to 365 days.
• Tax Compliance: It’s also mandatory for applicants to have filed Canadian income tax returns, if required under the Income Tax Act, for at least three years within the five-year period preceding their application.
• Language Proficiency: Applicants aged 18 to 54 must demonstrate sufficient proficiency in either English or French, Canada’s official languages. This can be proven by submitting acceptable language test scores, such as IELTS or CELPIP for English and TEF for French, evidencing a language ability at Canadian Language Benchmarks (CLB) level 4 or higher for speaking and listening. Alternatively, evidence of completing a post-secondary program in English or French, or proof of completing language training that meets the CLB 4 benchmark, is also acceptable.

Meeting these criteria ensures applicants have not only fulfilled their physical presence in Canada but have also integrated into Canadian society through language and economic participation.

Canadian Citizenship Test

Applying for Canadian citizenship involves a mandatory test for permanent residents aged between 18 and 54, designed to assess their understanding of Canada’s history, values, institutions, and symbols

Preparing for the Test:

Applicants are advised to study the “Discover Canada: The Rights and Responsibilities of Citizenship” booklet, which serves as the foundation for the citizenship test. This guide encompasses Canada’s history, governance, culture, and other key aspects that form the essence of Canadian citizenship.

Understanding the Test Format:

The citizenship test is written and comprises 20 multiple-choice questions, reflecting the content of the “Discover Canada” booklet. To pass, applicants must answer at least 15 questions correctly. In instances where an applicant does not pass on their first attempt, a second opportunity to take the test is offered. Failure on the second attempt leads to an oral test conducted during an interview with a citizenship officer.

Citizenship by Descent

In Canada, acquiring citizenship at birth is straightforward: if you’re born on Canadian soil, you automatically become a Canadian citizen. Additionally, children born abroad to at least one Canadian parent who themselves were born in Canada or naturalized can also claim Canadian citizenship by descent, provided they are the first generation born outside Canada.

Shift in Citizenship Rules in 2009:

Significant amendments to the citizenship by descent rules were introduced on April 17, 2009. Before this date, children born abroad to a Canadian parent automatically received Canadian citizenship, regardless of how many generations had been born outside Canada. Post-2009, this automatic citizenship was limited to just the first generation born abroad. Consequently, if you were born outside of Canada to a Canadian parent who was also born abroad, you would not be eligible for Canadian citizenship by descent if you represent the second or subsequent generation born outside Canada.

Exception to the Rule:

For children who don’t qualify for citizenship by descent due to these rules, their Canadian parent may have the option to sponsor them for permanent residency in Canada. This is typically possible if the child is under 22 years old and not married.

Options for Ineligible Children:

For children who don’t qualify for citizenship by descent due to these rules, their Canadian parent may have the option to sponsor them for permanent residency in Canada. This is typically possible if the child is under 22 years old and not married.

This change in rules underscores the importance of understanding the specific requirements and exceptions related to Canadian citizenship, especially for those with connections to Canada living abroad.