Minister McAulum is going to cancel some parts of the C-24 law on citizenship and immigration of Canada.
February 26, 2016
On February 25, 2016 in Ottawa, the Minister of Immigration, Refugees and Citizenship John McCallum introduced a bill introducing amendments to the Citizenship Act, which should greatly facilitate the process of obtaining citizenship and help immigrants get it faster.
“The Government of Canada once again shows that it seriously intends to amend the Citizenship Act, including those parts relating to persons with dual citizenship. All Canadian citizens are equal before the law. It does not matter if they were born in Canada or were naturalized or have dual citizenship & raquo; , – Minister McCullum said.
Among the changes & mdash; the Bill “Amendments to the Citizenship Act”, which provides for the removal of articles concerning the possibility of depriving citizenship of persons having dual citizenship and having committed acts against Canada’s national interests. All Canadians who committed crimes must be subjected to the same penalties for their acts through the Canadian law enforcement system.
In addition, the bill provides for reducing the time required from Canada’s permanent resident for physical presence in Canada to obtain the right to apply for citizenship for a full year. The realization that very often immigrants become part of the Canadian society long before they become permanent residents led to the amendment to the bill, according to which time spent on the territory of Canada as a temporary resident or refugee is also counted in the quality of residence time in Canada (previously counted only as a permanent resident).
The age at which confirmation of the level of proficiency in English or French is required to obtain citizenship will also be changed, from today’s 14-64 years will be changed to 18-54 years. The main objective of these changes is & mdash; Remove the barriers that prevent immigrants from building a successful life in Canada.
What kind of changes in the law on citizenship provides for this bill?
Exclusion of the possibility of deprivation of citizenship on the basis of national security interests & raquo ;.
The bill repeals the amendments made in May 2015, which made it possible to deprive Canadian citizenship of persons having dual citizenship and committed acts against “national interests” & raquo; Canada. Under such acts were meant: terrorism, betrayal and conduct of espionage activities in the interests of another state, participation in armed conflicts on the side of the opponents of Canada.
It should be noted that the possibility of depriving citizenship in case it was received as a result of giving false information (concerning residence time, for example) or bribing individuals still remains. again, only for persons with dual citizenship.
An exception to the need to confirm is the intention to reside in Canada & raquo ;.
Since June 2015, adult applicants, when signing the declaration on citizenship, had to confirm that they were going to continue to reside in Canada after receiving citizenship. This point was of concern to new citizens who began to fear that they could be stripped of their citizenship if they wanted to leave the country. Now this item is excluded from the declaration, since all Canadians have the right to move freely inside and outside the country, which is guaranteed by the Charter of Rights and Freedoms.
Reducing the period of physical residence in Canada, necessary for obtaining citizenship.
Currently, an immigrant is required to physically stay in Canada for 4 years (1,460 days) for the past 6 years. The amendment to the Citizenship Act will reduce this requirement to 3 years (1,095 days) for the last 5 years. First of all, this is done in the interests of immigrants, who for one reason or another must leave Canada for a long time.
The credit of the time spent in Canada as a temporary resident as the term of physical stay in Canada for obtaining citizenship.
Currently, in order to meet the requirements for the time spent in Canada to obtain citizenship, the applicant has the right to count only the term of his residence in the country as a permanent resident.
After making amendments, the time that the applicant held Canada as a temporary resident (student, temporary worker, tourist) can also be counted as the period of stay in Canada. You can count up to 1 year of residence with residence permit.
Elimination of the requirement to stay in the country at least 183 days each year prior to applying for citizenship.
The bill proposes to exclude the requirement to stay in the country at least 183 days each year prior to applying for citizenship. This is done because this requirement will not allow the applicants to take full advantage of the new rule, according to which the time of stay in the country as a temporary resident can be counted as the period necessary for applying for citizenship (see paragraph above).
Changes in age requirements for individuals who need to confirm their level of proficiency in the official languages of Canada.
According to the current legislation, all persons between the ages of 14 and 64 must confirm the level of English or French. After making changes to the law, confirmation of the level of language proficiency will require persons between 18 and 54 years of age.
Persons serving an administrative sentence will not be able to obtain Canadian citizenship.
Currently, the acquisition of citizenship is impossible for persons serving prison sentences or being under investigation. After amending the law, persons serving an administrative penalty will also no longer be able to file an application and obtain Canadian citizenship. It should also be borne in mind that the term of serving the sentence can not go on time required for a stay in Canada to obtain citizenship.
Persons who cease to meet the requirements for obtaining citizenship, will not be able to swear allegiance to Canada.
The period between notification of the possibility of obtaining citizenship and giving the oath of fidelity takes 2-3 months. At present, if a person has ceased to meet the requirements for obtaining citizenship while waiting for the oath, he can still bring this oath and, accordingly, become a citizen of Canada. After the changes take effect, a person who has ceased to meet the requirements for citizenship will no longer be able to swear allegiance until the requirements are met again.
Possibility to withdraw documents.
Immigration officers will have the right to seize documents if there is a suspicion of fraud and deceit on the part of the applicant. Officers will be able to seize documents sent by the applicant by mail, as well as those that were provided during interviews and hearings. The main goal of this innovation is & mdash; allow immigration officers to properly investigate and identify fraudulent actions by applicants.
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