Citizenship
Who can apply
To become a Canadian citizen, an applicant must ;
• be a permanent resident already
• have lived in Canada for at least 3 years during the last 5 years (1,095 days)
• have filed their taxes in 3 consecutive years
• pass a citizenship test (will help you with knowledge)
• prove their language skills in English or French
Permanent resident status
Regardless of your age, if you’re applying for citizenship, you must have permanent resident (PR) status in Canada.
This means you must not:
- be under review for immigration or fraud at any time
- be asked by Canadian officials to leave Canada (removal/deportation order)
- have unfulfilled conditions related to your PR status, for example – medical conditions
Before applying for citizenship, you should review the documents you received when you became a permanent resident to make sure you’re eligible.
You don’t need a valid PR card to apply for citizenship. You can apply with an expired PR card. Please also have your record of landing ready for the application.
How to calculate the 1095 days ? Use the calculator given below :-
https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do?&lang=en
If you have been to the United States, we can help you get the records through the I-94 webpage. For other records out of Canada, you must maintain them in a reliable manner, to calculate the absence.
Down travel journal
Sample Journal Record
Income Tax
During the last 5 years, you must have filed income tax with Canada Revenue Agency to fulfill the requirements to be a citizen.
Language skills
Canada is a bilingual country with two official languages: English and French. If you’re in the age – 18 to 54 years on the day you sign your application, you must show that you can speak and listen in English or French.
The ways citizenship officials will measure your language skills in English or French include:
- reviewing the proof, you send with your application
- noting how well you communicate when you talk to a citizenship official anytime during the citizenship process
- assessing your language level during a hearing with a citizenship official, if necessary (If they ask you to meet them)
To become a citizen, you need to meet the Canadian Language Benchmarks (CLB) Level 4 or higher.
We need to prepare many documents along with your citizenship application, such as educational, professional, and identification documents.
Pass a citizenship test
If you’re 18 to 54 years of age on the day you sign your application, you need to take the citizenship test. You’ll need to answer questions about the rights and responsibilities of Canadians and the following related to Canada.
- history
- geography
- economy
- government
- laws
- symbols
The test is:
- in English or French
- 30 minutes long
- 20 questions (pass mark: Must score 15 correct answers)
- multiple-choice and some are true or false questions
- based on the official citizenship study guide: Discover Canada
- usually written, but may be oral (in certain situations)
Refugees
Canada has a strong tradition of welcoming refugees over the past decades.
Canada has welcomed 1,088,015 refugees since 1980. This number includes those who were recognized as refugees in Canada or who were resettled from overseas due to war like situations.
The Immigration and Refugee Board (IRB) decides who is a Convention refugee or a person in need of protection.
Convention refugees are outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on the following 5 factors:-
- race
- religion
- political opinion
- nationality
- being part of a social group, such as women or people of a particular sexual orientation
A person in need of protection is a person in Canada means this person can’t return to their home country safely. If they return, they may face ;
- danger of torture
- risk to their life
- risk of cruel and unusual treatment or punishment
Safe Third Country Agreement
Canada has an agreement with the United States that says people who want to make a refugee claim must do so in the first safe country they arrive in (If they arrive in transit or otherwise).
This means, if you enter Canada from the U.S. at a land port of entry, you can’t make a refugee claim in Canada. In some cases, this rule does not apply . Such an exception is if you have a family living in Canada, they may do so.
There are private individuals and organizations who may be providing false or misleading information on claiming asylum in Canada. There are specific requirements to be considered a refugee. If you do not meet them, you will be asked to leave or be removed.
A refugee is a person who has fled their own country because they are at risk of serious human rights violations and persecution there, unable to return, and are in need of protection.
Canada has two refugee protection programs to help meet this need:
- In-Canada Asylum Program– for people making refugee protection claims from within Canada upon their arrival
- Refugee and Humanitarian Resettlement Program– for people who need protection from outside Canada (Eg in a war-torn country)
The In-Canada Asylum Program
People arriving at a Canadian point of entry or who are already in Canada can apply for refugee protection by making a refugee claim at the Immigration and Refugee Board of Canada (IRB). The IRB is an independent administrative tribunal that decides if the claimant is qualified for refugee protection.
The IRB will hear a case and decide according to two protection categories.
- A Convention Refugeehas a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside of their country of nationality, and is unable or unwilling to return.
- A person in need of protectionfaces the danger of torture, risk to their life, or risk of cruel and unusual treatment or punishment if they return to their home country.
If the IRB finds that a person meets the criteria of one of these categories, they will receive “protected person” status. Then they can apply for permanent residence. If the case is rejected, they may be able to appeal to the Refugee Appeal Division (RAD).
The Refugee and Humanitarian Resettlement Program
The Refugee Resettlement Program helps refugees who are outside of Canada and their country of origin, and who are in need of immediate protection.
People must be referred, either by the United Nations Refugee Agency (UNHCR), a designated referral organization, or a private sponsorship group; they may need to have a refugee status document.
Refugees are resettled in Canada through different resettlement programs, including the Government-Assisted Refugees (GAR) Program and the Private Sponsorship of Refugees (PSR) Program. The main difference between these programs is the breakdown of the financial and non-financial support from the Government of Canada and private sponsors.
There are private individuals and organizations who may be providing false or misleading information on claiming asylum in Canada. There are specific requirements to be considered a refugee. If you do not meet them, you will be asked to leave or be removed.
Humanitarian and compassionate grounds
What are Humanitarian and compassionate grounds?
The Humanitarian and Compassionate Grounds program (H&C) allows individuals in exceptional circumstances to apply for permanent residence in Canada by making an exception to the existing rules/regulations but within the framework of current immigration regulations and laws. All applications are assessed on a case-by-case basis.
What qualifies as Humanitarian reasons?
Their physical health or mental health concerns. the impact on their lives of family violence they have experienced or will experience if they must return to their home country. hardship or difficulties they might face if they were sent back to their own country.
How long does it take for Humanitarian and compassionate grounds?
The Humanitarian & Compassionate (H&C) application process can be complex and lengthy. This may be one of the last options that an applicant may have before you apply for leave to the Federal Court in Canada. On average, it can take between 2 to 3 years for an H&C application to process inside Canada and this time may vary based on the current immigration delays. During the processing of your application, you may be able to fight for your ability to stay in Canada while the application is being processed.
What proof do I need for Humanitarian and compassion?
In general, in an H&C application, you need to prove to Immigration, Refugees and Citizenship Canada (IRCC): That you are who you say you are; That you have made Canada your new home; and. That it would be very difficult for you to return to your country in brief.
What happens if an H&C application is refused?
If your H&C application is not unsuccessful, you can apply to the Federal Court of Canada to have the decision reviewed. If the Court determines the decision was incorrect or unreasonable, it will be sent back for reconsideration by another H&C officer.
Factors for H&C consideration
In an H & C application, the officers assess the file on a case-by-case basis. Several factors are taken into consideration in the application process, including the following:
- Is the applicant well settled in Canada?
- What are their general family ties to Canada
- The best interests of any children involved, and
- What could happen to the applicant if the request is not granted?
- Factors in the applicant’s country of origin including adverse country conditions (Severe economic crisis, war, etc).
- Applicant’s health considerations that will hamper the person including the inability of a country to provide medical treatment.
- If there are any family violence considerations.
- Consequences of the separation of relatives and how it will impact the applicant
- Any unique or exceptional circumstances that might merit relief.
Hardship
Hardship refers to a situation that would cause you serious problems or suffering. You may decide to apply for H&C if you would face hardship if forced to leave Canada and return to your home country.
Medical hardship
Medical problems do not usually make your case stronger unless you or a family member risks death because your home country does not offer adequate or appropriate medical treatment. If this is your situation, you must include information about the medical condition in your H&C application, as well as medical information from experts in your home country confirming the danger you or your family member faces if forced to return to your home country.
Proving hardship
To prove you would face hardship if you are sent back to your home country, you must show you are already well established in Canada. Consider the following factors that contribute to your level of establishment in Canada.
- The amount of time you have lived in Canada (the longer you have stayed, the better the chances are).
- The amount of time you have spent receiving income assistance (it is highly recommended you never collect welfare. An immigration officer can use this as a reason to deny your claim).
- Your language skills in English/French and your efforts to improve them.
- Your efforts to improve your education and skills during your stay in Canada.
- The number of family members/relatives you have in Canada (the more the family, is better for the applicant).
- How much contact do you have with family in Canada (the more the better).
- How much contact do you have with family in your home country (having many close relatives in your home country suggests less hardship if you returned).
- Canadian-born children (better) or children still living in your home country (not so good).
- Contacts in Canada other than family
- Jobs you have had in Canada and taxes you have paid.
- Your present job and the length of your employment.
- Your assets in Canada, including your family home, RSPs, RESPs, bank accounts, investment accounts, business vehicles (the more assets the better).
- Your assets abroad (the less the better).
- Your community involvement (religious or non-religious) and volunteer work
- Positive reference letters from people in your workplace, school, volunteer organization, religious community, etc
- Your financial or cultural contributions to Canada.
- The specific hardships you/your family face in your home country.
- If you are a woman, the difficulties you face in your home country.
Government Fee
- Processing fee ($550.00 CAD)
- Right of Permanent Resident fee ($500.00 CAD)
- Spouse or principal applicant ($1050.00 CAD)
- Dependent Child: ($150.00 CAD per child)
- Biometric fee ($85.00 CAD per person)