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Citizenship

Citizenship applications
Once you attain permanent resident status, the next significant milestone is to get Canadian citizenship. Achieving this has various benefits, like visa-free travel to numerous countries, voting rights, vast job opportunities, and no more permanent residence status renewal applications. To be eligible for Canadian citizenship, a permanent resident must be physically present in Canada for 1,095 days in the five years immediately before the application. The citizenship application is detailed and requires the applicant to demonstrate their physical presence, language (English or French) knowledge, three years of income tax returns, family details, residential details, employment details and so on.
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Issues in citizenship applications:
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Calculating physical presence
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Calculating time for physical presence involving time spent in imprisonment, probation, or parole
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Unable to demonstrate language ability
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Foreign police certificate requirements
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Applying for waivers
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Dealing with prohibition of applying for citizenship
You may be ineligible to apply for Canadian citizenship if you:
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Are under a removal order
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Are facing criminal charges in Canada
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Are serving a sentence outside Canada
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Are in Canada serving a term of imprisonment, on parole or on probation
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Have your citizenship revoked because of fraud
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Have a refusal in citizenship application due to misrepresentation
Refusal:
If your application for Canadian citizenship is refused or you have been denied citizenship certificates, you can file a judicial review in the Federal court. First you will have to file an application for leave for judicial review. If the leave is granted an oral hearing date will be set; whereas, if the leave is not granted there is no right to appeal the court’s decision on leave application. The application for leave must be filed in the court and served on the other party within 30 days after receiving decision.
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Revocation of citizenship
The Citizenship Act, provides the minister with the authority to revoke a person’s citizenship or a person’s renunciation of citizenship if it was obtained, retained, renounced or resumed by false representation, fraud, or knowingly concealing material circumstances. A person whose citizenship is revoked is prohibited from becoming a Canadian citizen for 10 years from the date of revocation. A person who is subject to revocation proceedings can request IRCC/Minister to decide their case rather than the Federal Court of Canada. The decision of minister can be appealed to Federal Court within 30 days of refusal letter.
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Resumption of citizenship
Any person who was a Canadian citizen in the past can apply for resumption of citizenship unless they lost their citizenship due to revocation, are not under removal order, are PR due to loss of Canadian citizenship, do not have any unfulfilled immigration conditions for PR status, are not subject to prohibition under the Citizenship Act, and have met the requirements of the Income Tax Act, and have lived for at least 365 days during the last 2 years.
Waiver applications
There are certain requirements that need to be fulfilled by an applicant for receiving Canadian citizenship; however, due to compassionate grounds they can request a waiver from some requirements.
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Requirements:
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Anyone who is between 18 to 55 years of age needs to give citizenship test and meet language requirements
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Applicants of 14 years of age and above need to take oath of citizenship
Types of waivers:
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Waiver request from citizenship test
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Waiver request from oath
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Waiver from language test
Valid situations for waiver:
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Severe medical condition that has lasted or may last for at last 1 year including serious illness, a physical or developmental disability, and mental impairment
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Trauma due to war, torture, living in a refugee camp
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Low level of education or literacy in the first language
Need help with your citizenship matter? Contact us at MS Law Offices.