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Proposed Amendment Seeks to Relax Citizenship Eligibility Rules

February 25, 2016

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Canada

Immigration, Refugees and Citizenship Canada has introduced legislation to amend the Citizenship Act, with the goal of allowing more foreign nationals to become Canadian citizens.

Proposed Changes

Some of the proposed amendments include the following:

  • Reducing the time permanent residents must be physically present in Canada before qualifying for citizenship from four out of six years to three out of five years;
  • Repealing the requirement for a candidate to be present in Canada for at least 183 days in each of the four years within the six years immediately prior to applying for citizenship;
  • Allowing time spent in Canada as a temporary resident prior to becoming a permanent resident to be counted toward the new three-year physical presence requirement;
  • Reducing the age to meet French or English language requirements and pass a knowledge test to qualify for citizenship to 18-54 from 14-64; and
  • Repealing the national interest grounds for revocation of citizenship.

The Bill must be passed by the House of Commons and the Senate and receive Royal Assent before it will become law. Some provisions will enter into force immediately upon receiving Royal Assent and others will come into force at a date to be determined by the Governor in Council.

Background

These proposed changes follow last year’s amendments to the Citizenship Act, which increased the physical presence requirement, increased the requisite age range to meet language and knowledge requirements and introduced other strict eligibility criteria for citizenship applicants.

What This Means for Foreign Nationals

If the bill is approved, foreign nationals who reside in Canada as permanent residents would be able to apply for citizenship earlier and with fewer restrictions than under the current legislation. They would also receive credit for their time spent in Canada as temporary residents.

Updates on the proposed changes will be provided as they become available.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

© 2016 Fragomen

 

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