Canadian Citizenship

Applying for citizenship

Every year about 170,000 people become new citizens of Canada.

To become Canadian citizens, adults must have lived in Canada for at least three years (1,095 days) in the past four years before applying. Children under the age of 18 do not need to meet this requirement.

You may be able to count time you spent in Canada before you became a permanent resident if that time falls within the four-year period.

You cannot become a citizen if you:

    * have been convicted of an indictable (criminal) offence or an offence under the Citizenship Act in the three years before you applied;
    * are currently charged with an indictable offence or an offence under the Citizenship Act;
    * are in prison, on parole or on probation;
    * are under a removal order (have been ordered by Canadian officials to leave Canada);
    * are under investigation for, are charged with, or have been convicted of a war crime or a crime against humanity; or
    * you have had your Canadian citizenship taken away in the past five years.

If you are on probation or are charged with an offence and are awaiting trial, you should wait until after the probation has ended or the trial is over to apply for citizenship.

If you have spent time on probation, on parole or in prison in the last four years, you may not meet the residence requirement for citizenship.

Time in prison or on parole does not count as residence in Canada. Time on probation also does not count as residence in Canada if you were convicted of an offence. If you have spent time on probation from a conditional discharge, it may be counted toward residence.

Application forms:
  1. Application for Canadian Citizenship – Adults
  2. Application for Canadian Citizenship – Minors

To apply as an adult, you will need to include the following with your application:

    * proof of permanent residence

          o A Record of Landing (IMM 1000)—a document that is sometimes folded and stapled into your passport—if you became a permanent resident before June 28, 2002; or your Confirmation of Permanent Residence (IMM 5292 or 5509)—if you became a permanent resident on or after June 28, 2002

          o A permanent resident card, a copy of both sides, if you became a permanent resident after June 28, 2002, or if you obtained a permanent resident card as an existing permanent resident

    * two pieces of identification (for example, a passport, a driver’s licence, or a provincial/territorial health card), at least one of which contains your photo

    * two signed citizenship photos, done according to the instructions in the guide and

    * the receipt of payment (Fees Receipt form IMM 5401—see below) showing that you have paid the $200 fee (which includes a $100 right of citizenship fee and a $100 processing fee).

To apply on behalf of your child, you will need to include:

    * your child’s long-form birth certificate or the child’s adoption order showing the names of the adoptive parents
    * your child’s Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292 or 5509)
    * your child’s permanent resident card, a copy of both sides, if your child has one
    * two pieces of identification for the child, such as school records, a provincial/territorial health card, or an immunization record
    * two citizenship photos of the child, done according to directions in the guide and signed by the child if he or she is aged 14 or older and
    * the original receipt of payment (Fees Receipt form IMM 5401—see below) showing that you have paid the $100 fee.

If you are a legal guardian applying on behalf of a child, you must also provide legal documentation proving


Mail your completed application form, along with the required documents, to:

Citizenship and Immigration Canada
Case Processing Centre – Sydney
P.O. Box 7000
Sydney, Nova Scotia  B1P 6V6


Legal reference:

Citizenship Act (R.S., 1985, c. C-29)

Grant of citizenship

5. (1) The Minister shall grant citizenship to any person who
(a) makes application for citizenship;
(b) is eighteen years of age or over;
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and has, within the four years immediately preceding the date of his or her application, accumulated at least three years of residence in Canada calculated in the following manner:

(i) for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and

(ii) for every day during which the person was resident in Canada after his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence;
(d) has an adequate knowledge of one of the official languages of Canada;
(e) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and
(f) is not under a removal order and is not the subject of a declaration by the Governor in Council made pursuant to section 20.


Consideration by citizenship judge
14. (1) An application for
(a) a grant of citizenship under subsection 5(1) or (5),
(b) [Repealed, 2008, c. 14, s. 10]
(c) a renunciation of citizenship under subsection 9(1), or
(d) a resumption of citizenship under subsection 11(1)
shall be considered by a citizenship judge who shall, within sixty days of the day the application was referred to the judge, determine whether or not the person who made the application meets the requirements of this Act and the regulations with respect to the application.


Appeal

(5) The Minister or the applicant may appeal to the Court from the decision of the citizenship judge under subsection (2) by filing a notice of appeal in the Registry of the Court within sixty days after the day on which
(a) the citizenship judge approved the application under subsection (2); or
(b) notice was mailed or otherwise given under subsection (3) with respect to the application.

Decision final

(6) A decision of the Court pursuant to an appeal made under subsection (5) is, subject to section 20, final and, notwithstanding any other Act of Parliament, no appeal lies therefrom.


Section 28 of Federal Courts Act
16. Notwithstanding section 28 of the Federal Courts Act, the Federal Court of Appeal does not have jurisdiction to hear and determine an application to review and set aside a decision made under this Act if the decision may be appealed under section 14 of this Act.

Citizenship test

According to an article in the Globe and Mail, more and more newcomers are failing the citizenship test since the Harper government made the exam a lot tougher.

In 2010, the Conservatives overhauled the test, requiring a higher score to pass — 15/20 instead of 12/20 — emphasizing a need to speak English or French and making questions about Canadian history, identity and values more challenging.

You can obtain a copy of the study guide here. You can also take a sample test here.



Residency obligation

Becoming a permanent resident
To become a permanent resident, any foreign national outside Canada needs to present their permanent resident visa at a port of entry to Canada. As per policy decribed in Section 5.1 of this chapter, applicants whose permanent resident visa is issued while they are in Canada with a valid temporary resident status may:
  • contact the Call Centre to request an appointment at a local CIC office to become a permanent resident at that location; or
  • leave Canada and become a permanent resident upon re-entry to Canada at a port of entry.

The template letters that accompany the permanent resident visas for provincial nominees must be amended by the visa offices to include the following paragraph:

Please note that if you are already in Canada and have a valid temporary resident status, you now have the option of obtaining your permanent resident status in Canada as opposed to leaving Canada and re-entering at a port of entry. Please contact CIC’s Call Centre at 1 888 242-2100 as soon as possible to arrange an appointment with the Citizenship and Immigration office nearest to your place of residence. (You cannot call this number if you are outside Canada.) (OP 07b)

Legislative basis – Residency obligation

IRPA establishes residency requirements and obligations with respect to each five-year period
after the granting of permanent residency status. The provisions governing the residency
obligation under the Act and Regulations are based primarily on the requirement of “physical
presence” or on prescribed linkages to Canadian institutions outside Canada. These provisions
are substantially different from those contained in the former Immigration Act, where retaining
residency was largely dependent on a satisfactory demonstration of a person’s “intent” not to
abandon Canada as their place of permanent residence.

Pursuant to A28(2), a permanent resident complies with the residency obligation provisions with
respect to a five-year period if, for at least 730 days (2 years) in that five-year period, the permanent resident is physically present in Canada, or:

•     is outside Canada accompanying a Canadian citizen who is their spouse or common-law
partner or is a child accompanying a parent; 

•     is outside Canada employed on a full-time basis by a Canadian business or in the public
service of Canada or of a province;

•     is an accompanying spouse, common-law partner or child of a permanent resident who is
outside Canada and is employed on a full-time basis by a Canadian business or in the public
service of Canada or of a province. 

In determining whether a permanent resident meets the residency test of physical presence for at
least 730 days in a five-year period, A28(2)(b)(i) and (ii) state that: 

28.(2)(b) it is sufficient for a permanent resident to demonstrate at examination
 
(i) if they have been a permanent resident for less than five years, that they will be able to
meet the residency obligation in respect of the five-year period immediately after they became
a permanent resident;
 
(ii) if they have been a permanent resident for five years or more, that they have met the
residency obligation in respect of the five-year period immediately before the examination [of
their residency status by a visa officer].

RESIDENCY OBLIGATION APPEAL

You have the right to appeal a decision made outside Canada by Citizenship and Immigration Canada ( CIC) on your permanent residency obligation, under section 63(4) of the Immigration and Refugee Protection Act. If you wish to appeal the decision, a Notice of Appeal is attached for you to use. This form must be completed in English or in French. You should include in your Notice of Appeal all family members who are included in the CIC decision.

Once you complete the form, you must provide it to the Registry Office of the Immigration Appeal Division ( IAD) so that it is received no later than sixty (60) days after you received the CIC written decision.


Documents which can serve as proof of Canadian Citizenship (for the purpose of travel).

The following documents are proof of Canadian citizenship for the purpose of international travel:

A Canadian citizenship certificate (CCC) is not a travel document. However, it may be used within Canada as evidence of citizenship.


Passport and travel document requirements for foreign nationals coming to Canada to become Permanent Residents

A foreign national seeking to become a permanent resident of Canada requires a permanent resident visa and one of the following:

  • A passport issued by the country of which that person is a citizen or national (other than diplomatic).
  • A travel document issued by the country of which that person is a citizen or national.
  • An identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or travel document from their, or who have no, country of citizenship or nationality.
  • A passport or travel document issued by the Palestinian Authority.
  • A travel document issued by the International Committee of the Red Cross in Geneva, Switzerland.
  • A British National (Overseas) passport issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong.
  • A passport issued by the Government of Hong Kong Special Administrative Region of the People's Republic of China. [ 29 ]

Non-refugee foreign nationals approved for immigration to Canada who are unable to obtain one of the above documents may travel to Canada with a single journey travel document to which their permanent resident visa is affixed [see Appendix II, Item 5. (a)].

A foreign national on whom refugee protection is conferred abroad by Canadian authorities who is unable to obtain one of the above documents may travel specifically to Canada with a single journey document for resettlement to Canada [see Appendix II, Item 5. (b)].


See also: