A Canadian immigrant may apply for Canadian Citizenship after spending at least three years in Canada as a permanent resident. Do you meet the requirements for Canadian citizenship?

You will need to satisfy several requirements to submit a Canadian citizenship application, and may then need to take a Canadian citizenship test. Learn more about the process.

Our lawyers at Magnus are familiar with the requirements and the procedures involved for obtaining your citizenship and will ensure you are strongly positioned to succeed in this process.

Requirements for Canadian Citizenship continue to change by the day. On June 19, 2017, Bill C-6 passed reversing many of the changes made to the Canadian Citizenship process in 2014. Additional changes took place as of October 11, 2017, and more changes to the Citizenship Act are to take effect at later dates.

CITIZENSHIP REQUIREMENT CHANGES

If your Canadian citizenship application has been refused, Magnus Immigration can seek to judicially review that decision before the Federal Court within 30 days of the refusal.

Magnus has represented clients in many judicial review applications, and have experience developing strategies for overcoming the refusal of your citizenship application. Magnus can assist in the appeal of the decision to revoke your citizenship, and advise you on the proper appeal route to pursue (either administrative or through Judicial review in court).

Grounds for the rejection of your citizenship application may include, but are not limited to:

• A charge or a conviction of an indictable criminal offence occurring 3 years before the application;
• Not meeting your residency requirements;
• The revocation of your Canadian citizenship in the previous 5 years;
• A conviction or investigations for war crimes during your application;
• Being in custody, on parole, on probation, or under a removal order during the application.
• Misrepresentation;
• Participation in terroristic groups; and/or
• Conviction for war crimes and/or treason.

An appeal to the Federal Court can be made within 30 days of a negative decision and we commence the process by filing your Notice of Application.

Magnus can also help you resume your Canadian citizenship. To be eligible to you must live in Canada for at least one year as a permanent resident in the two years immediately before your application. You must also not be prohibited from resuming your citizenship or barred from resumption for reasons such as being in prison or being the subject of a removal order, among others. To determinate whether you qualify to resume your Canadian citizenship.

Please note, that specific rules also apply to individuals who lost their citizenship between 1947 and 1977. In that case, it is possible that the Canadian citizenship has automatically resumed. Immigration lawyers at Magnus can help you determine whether this may apply to your case.

Former Canadian citizens who willingly gave up their citizenship in the past can apply for resumption of Citizenship.

Our practitioners at Cougar can assist you by assessing your options to resume your Canadian citizenship. We will advocate on your behalf before Immigration, Refugees and Citizenship Canada officials and ensure you receive strong representation.

You may be eligible for resumption of citizenship if:

• You were formerly a Canadian Citizen,
• You have now become a permanent resident; and
• You have been physically present in Canada as a permanent resident for at least 365 days during the two years immediately before you apply.

You are not eligible for resumption of citizenship if:

• Your citizenship was revoked
• You have been convicted of an indictable offense under the Citizenship Act within the three years previous to your application
• You are currently charged with an indictable offense;
• You are in prison, on parole or on probation;
• You are under a removal order; or
• You are under investigation for a war crime or crimes against humanity

On June 21, 2017, the Canadian government passed An Act to amend the Citizenship Act and to make consequential amendments to another Act, SC 2017, c 14, bringing about significant changes to Canada’s citizenship revocation laws.

As a result Citizenship Revocation proceedings no longer apply to dual citizens living in Canada who have been convicted of treason, spying, and terrorism offenses. Instead, officials must utilize the Canadian criminal justice system.

The Minister may, however, still revoke citizenship on the grounds that the person obtained, retained, renounced, or resumed citizenship by false representation, fraud, or knowingly concealing material circumstances. But as per the Federal Court decision in Hassouna v. Minister of Citizenship and Immigration, such an action demands an opportunity to be heard through an oral hearing on the basis of fairness. As such, this new law has repealed the previous administrative revocation process introduced in 2014 and replaced it with a new process that includes an automatic entitlement to a hearing before the Federal Court.

Provisions of Bill C-6 involving changes to the citizenship revocation process came into effect on February 5, 2018. Any individual whose case is subject to possible revocation now has the choice to request that the Minister decide, or to have their case heard and decided by the Federal Court. The revocation process will also now include an additional step, where Immigration, Refugees and Citizenship officials review case submissions and decide whether or not to continue to proceed with revocation before it is referred to the Federal Court for decision. Individuals who request to have the Minister decide, may seek leave to judicially review the Minister’s decision at the Federal Court.

Magnus can help you respond to and appeal your citizenship revocation. We have experience handling such cases, and will assist you by communicating with Citizenship Officials, representing you to the Minister or before a Federal Court judge, and defending your interests.

Magnus will ensure you receive effective and strong representation. We will examine the details of your case to determine whether the decision was unreasonable or whether there was a breach of procedural fairness. We will advance strong grounds of appeal to the Minister or before the Court, arguing that your case should be sent back for re-determination by a different Citizenship official.

To discuss how we can assist you with appealing your citizenship revocation, please contact our office to set up a consultation to speak to one of our immigration and refugee lawyers.