NEW CANADIAN CITIZENSHIP LAW
The Minister of Citizenship & Immigration tabled a new citizenship bill in the House of Commons. The highlights of the proposed legislation are that:
- a permanent resident must be physically present in Canada for a total of three years out of the six years immediately prior to applying for Canadian citizenship
- a stricter definition of “physically” present will be applied
- a fully judicial process be instituted under which a judge would decide if an individual’s citizenship should be revoked
- new powers granted to the minister to revoke citizenship obtained through the use of false identity
- the Governor-in-Council will be able to refuse citizenship in those rare cases where a person demonstrates a flagrant disregard for Canadian values
- Children born abroad to Canadian parents would continue to acquire Canadian citizenship automatically in the 1st and 2nd generations. However, a 2nd generation children would lose their citizenship at the age of 28 unless they have resided in Canada for three of the six year preceding their application for retention. Individuals in subsequent generations would need to obtain Canadian landed status and then seek Citizenship naturalization in Canada in the same manner as other immigrants to Canada.
- Children adopted abroad by Canadians become citizens without having to enter Canada as permanent residents and apply for citizenship
- Changing the Canadian oath of citizenship
The proposed bill must first receive royal assent before becoming law and replacing the old Citizenship laws, which dates back to 1977.
If you have any questions about Canadian Immigration laws please contact Leonard Pearl at our Canadian office (lpearlvisalaw@sprint.ca or 905-764-8767).
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.