Updated Guidelines for Obtaining Canadian Citizenship: Key Changes Post-Bill C-6
The process of becoming a Canadian citizen has seen significant updates post-Bill C-6, making it more accessible and amenable for those aspiring to reside in Canada. This article outlines the primary changes introduced under the new Citizenship Act, ensuring a seamless transition for potential citizens.
New Admission Requirements and Changes
Previously, the path to becoming a Canadian citizen was a rigid one, requiring individuals to be physically present in Canada for a substantial period and take part in a citizenship test. However, with Bill C-6, these requirements have been streamlined and made more flexible, providing an easier route for eligible applicants.
For example, previously, applicants needed to be physically present in Canada for four out of six years, and file Canadian income taxes for four out of six years. Now, these requirements have been reduced to three out of five years for physical presence and tax filings. Additionally, applicants can now include the days they were temporarily present in Canada as a resident or protected person as half-days toward meeting the physical presence requirement, up to a maximum of 365 days.
Age and Language Requirements
A significant change in the age and language requirements for citizenship has been introduced. A notable adjustment is that only applicants between 18 and 54 years of age are now required to meet the language and knowledge requirements for citizenship. This change marks a shift from the previous requirement for applicants between 14 and 64 years.
Flexibility in Intention to Continue Residency
Another major update concerns the "intent to continue to live in Canada" requirement. Formerly, applicants had to demonstrate their intention to continue residing in Canada if granted citizenship, giving rise to legal uncertainties. However, the new act has repealed this provision, enhancing the flexibility for Canadians to live abroad for various reasons such as work or personal matters.
Discretionary Grants and Shift in Legal Framework
The previous act allowed the Minister some degree of discretion in granting citizenship in special cases, such as statelessness or in cases of special and unusual hardship. With the new act, statelessness has been recognized as a stand-alone ground for consideration in discretionary grants. Simultaneously, the new legal framework ensures that the decision-making process for revoking citizenship is more centralized, with the Federal Court handling cases unless the individual requests Ministerial decision-making.
Accommodation for Disabled Citizens
A considerable improvement has been the inclusion of provisions to accommodate the needs of disabled citizens. The new act now explicitly addresses the need to consider reasonable measures to accommodate applicants with disabilities, ensuring that no one is disadvantaged in the citizenship application process.
Conclusion
Bill C-6 has made substantial improvements to the Canadian Citizenship Act, simplifying the process for applicants while offering greater flexibility and inclusivity. These changes are expected to take effect in fall 2017 and early 2018, providing clear and accessible pathways for individuals to become Canadian citizens.