| BECOMING
A CANADIAN CITIZEN |
The rules for obtaining the Canadian Citizenship are:
1) You must have established and maintained your
residence after obtaining permanent residence status for at least
1095 days (3 years) within the last 4 years in Canada prior to your
application for citizenship;
2) You must have a reasonable ability to understand
and speak either Frensh or English.
3) You must have some knowledge of Canadian political
and economic systems.
Those who have been frequently adsent from Canada
are referred to as a "Thurlow case", after the name of
a Canadian Citizenship judge who stated that temporary absences
could still be counted as presence in Canada, provided it is established
that the person in question always considered Canada as his or her
prinipal place of residence.
Such a claim still needs to be supported by justifying
absences and demonstrating such material links to Canada as the
ownership of a house, a Canadian bank account, Canadian business,
the yearly filing of income tax declarations, etc., as well as the
production of various identification papers stating that the person
in question, or other family members were living in Canada.
| A
CITIZENSHIP OF CANADA ACT PROPOSED IN PARLIAMENT |
 |
OTTOWA -- A Bill to strenghen the value of Canadian
citizenship was tabled in the House of Commons on October 31th,
2002.
Similar citizenship legislation was introduced
few year ago, but never become in force. the new propose canadian
citizenship act reflected the views of Canadians that were gathered
over several years. The legislation tabled today reflects what the
government heard from Canadians and through the legislative process.
The proposed legislation establishes clear, fair
and objective criteria for Canadian citizenship, ensures that future
Canadians have a link to Canada, and provides measures to protect
the integrity of Canadian citizenship. The proposed legislation:
Sets more precise terms of residence, requiring
that applicants be physically present in Canada for three years
of the six years prior to applying. This provides flexibility
for people who must be out of the country for extended periods
of time, while allowing future Canadians to demonstrate their
loyalty and allegiance to Canada -- two pledges they make when
they recite the oath of citizenship. A clear definition also ensures
consistent and objective decision-making.
Simplifies the decision-making process and
allows for quicker processing of applications. Citizenship applications
will be dealt with by people delegated by the Minister. All applications
will be decided based on criteria set out in the law.
Allows for a faster and more effective revision
of decisions. Applicants will be able to ask the Minister to review
the facts that led to the refusal of their application. The Minister
in turn will be able to overturn a refusal. This improves current
legislation whereby applications cannot be reviewed by the Minister
but must go through the courts. Applicants can also choose judicial
review where a federal court judge will hear the case. If the
refusal is found to be inappropriate, the judge will request a
new decision from the Minister.
If passed, the Citizenship of Canada Act would
represent the first major reform of citizenship legislation in
more than five years.
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