Citizenship

Citizenship of Canada

After you become permanent resident, you need start preparation for Citizenship Application.

You did lot of hard work, you faced multiple problems, and you survived. Now stay focused. Sign us now, so that your finally journey towards Citizenship remains smooth and professionally managed, so you don’t witness any surprise.

Full guidance is available for Application Process and for submission of Documentation to Citizenship authority, so that Your citizenship application is processed quickly, without any hindrances.

In the current legislation, Applicants can be refused for misrepresenting or withholding material facts on applications and are subsequently barred from being granted citizenship for five years.

So, as a Smart move trust on Globalduniya immigrations Professional team for filing Citizenship application.

What is citizenship?

As per Black’s Legal Dictionary “A citizen is a member of a free city, state or territory or country possessing all the rights and privileges which can be enjoyed by any person under the constitution and government of that legal entity, and subject to the corresponding duties.”

 

Who is a Citizen of Canada?

In general, everyone born in Canada from 1947 or later acquires Canadian citizenship at birth. The only exceptions concern children born to diplomats, where additional requirements apply.

Naturalization:

  • A person who is a Permanent Resident of Canada may apply for Canadian citizenship by Naturalization (Grant of citizenship) subject to rules set out for qualifying for citizenship under the Strengthening Canadian Citizenship Act.
  • Now Minors can apply for citizenship without Canadian parent. The age requirement has been removed under subsection 5(1) of Citizenship Act. A person who has custody of a minor or has legal authority to act on their behalf may apply for citizenship on their behalf.

Children adopted by Canadian citizens as minors acquire Canadian citizenship at the time of the legal adoption.

Born outside of Canada to a Canadian Parent: Every person born outside of Canada in the first generation abroad is a Canadian citizen by descent. Citizenship by decent is limited to one generation born outside Canada only.

What are the Rights of a Canadian Citizen?

A Canadian citizen has rights which include:

  • Democratic rights (for example, the right to vote)
  • Language rights
  • Equity rights
  • Legal rights
  • Mobility rights
  • Freedom of religion
  • Freedom of expression
  • Freedom of assembly and association.

 

After becoming a Canadian citizen, you will be a free bird and there are 2.8 million snowbirds, which do not live in Canada, but they are Canadian citizen.

What are Responsibilities of Canadian Citizen?

A Canadian citizen has the responsibility to:

  • To respect the rights and freedoms of others
  • To obey Canada’s laws
  • To participate in the democratic process
  • To respect Canada’s two official languages and Canada’s multicultural heritage.

What is the Eligibility criteria for Canadian Citizenship?

Broad eligibility criteria is as under:

  • Applicant must be physically present in Canada for Three years (1095) out of five (5) years prior to applying for citizenship.
  • Must have valid Permanent residence status.
  • Applicant may count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day towards meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days within the 5 years applying for citizenship.
  • Applicant between 18 and 54 years old must meet the language and knowledge requirements for citizenship
  • Applicant must prove they meet a Canadian Language Benchmarks/ Niveaux de competence linguistiques canadiens(CLB/NCLC) level 4 in English or French in Speaking and listening.
  • Applicant must file Canadian income taxes, if required to do so under the income Tax Act, for three out of five years, matching the new physical presence requirement.
  • Criminal prohibitions to bar applicants for crimes committed abroad.
  • Have adequate knowledge of Canada and the responsibilities and privileges of Citizenship.

Citizenship Application Process

  1. Submission of formal applications
  2. Notice issued by IRCC confirming receipt
  3. Invitation to attend interview.
  4. Preparation for Citizenship test where applicable. Study questions are here.
  5. May be asked to attend interview with judge.
  6. Attend Citizenship ceremony where the applicant will take the oath of Citizenship.

An application for Canadian citizenship must include the proper application form:

CIT- 002 form for Adults, CIT-003 form for minors, and CIT- 0532 form for Members of Canadian Armed forces.

As part of application, a Residency Questionnaire will be posed which will consist of series of questions. The application must also include substantiating documentation and evidence.

In order to get full details contact globalduniya immigration team.

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Citizenship through Adoption pursuant

Citizenship through Adoption pursuant to Citizenship Regulations section 5

There are two processes to bringing adopted children to Canada:  through Family Class Program or Citizenship. 

Through the Family Class Program: This is a three step process. Under the immigration process the adoptive Canadian parent (s) submit an application for sponsorship. Once the approval in principal is issued, submit the application for permanent residence for the child. After the child arrives in Canada as a permanent resident then the parents can apply for citizenship. Note, the adoption must be finalized before the child can be granted citizenship.

Through Citizenship: This is a two step process. The adoption must be finalized before the citizenship process.

Pursuant to the Citizenship Act 5.1:

For an adopted child to be eligible for a grant of citizenship, the parent and child must meet all the requirements for both processes. The child must be granted Canadian citizenship before the adoptive parent (s) can bring the child to live with them in Canada. Requirements for inter-country adoption for a child under 18 years of age, the adoption must meet the following requirements in order for the child to be granted citizenship:

  • The adoption must be in the best interests of the child.
  • The adoption will create a genuine relationship of parent and child.
  • The adoption is in accordance with the laws of the place where the adoption took place and the laws of the country of residence where the adoptive parents reside.
  • The adoption must not have been entered into primarily for the purpose of acquiring status or privilege in relation to immigration or citizenship.
  • The adoption must not have occurred in a manner that circumvented the legal requirement for international adoptions.

Adoption of a person 18 years of age or older the adoption must meet the following requirements in order for the person to be granted citizenship:

  • A genuine relationship of parent and child between the person and the adoptive parent existed before the person attained the age of 18 years and at the time of the adoption.
  • The adoption is in accordance with the laws of the place where the adoption took place and the laws of the country of residence where the adoptive parents reside.
  • The adoption must not have been entered into primarily for the purpose of acquiring status or privilege in relation to immigration or citizenship.
  • The adoption must not have occurred in a manner that circumvented the legal requirement for international adoptions.

Under the Citizenship Regulation section 5.1 there are important factors to consider in determining the requirements of subsection 5.1(1) of the Act pertaining to adopted minor children:

  • Did the adoption occur in Canada or outside of Canada and, did minor child reside outside Canada in a country that is part of the Hague Convention on Adoption list?
  • Did the adoption occur in Canada or outside of Canada and, did minor child reside outside Canada in a country other than one on the Hague Convention on Adoption list?
  • Did the child’s legal / biological parent or parents, as the case may be, give their total consent in writing to the adoption on their own fee will?
  • Was the relationship of the adopted child and their legal /biological parent-child permanently disconnected?
  • Is there evidence that the adoption was for the purpose of child trafficking?
  • Was the child eligible for adoption in accordance with the laws of the child’s country of habitual residence at the time of the adoption?
  • In consideration of the above requirements to be met and the factors to consider will determine which citizenship process to administer for the adopted child and whether the permanent residence or citizenship of the adopted child will be successful. 

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