Any updates on New (4 Years) Rule for Citizenship?


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Full House   
Member since: Oct 12
Posts: 2677
Location:

Post ID: #PID Posted on: 18-06-15 14:14:49

Quote:
Originally posted by lemon925

As long as they just want to retain PR, I don't think the new rule impacts them. But if they want to get citizenship, they need to stay here 1460 days in last 6 years with min183 days in each year.

http://news.gc.ca/web/article-en.do?nid=985219

Above link has comparision of before and after. Just to be on safe side call CIC.





------------xxxxx

A family of three will complete THREE years in September 2015 and wants to file for their CITIZENSHIP. Now they say that they cannot do so. The Web application will not provide them with an application form.

They want to know if they will have to wait another year and apply after FOUR Years of stay within Canada.

Why are they losing out? Don't they know that people who have completed THREE years should be permitted to do so.

Can you write to the Minister and amend the rules to permit processing of an Application when they landed within Canada and also completed their requirement of Three years be permitted to do so.

the Parliament will close soon, can you impress upon the GG to amend it .

Thanks.

FH.

-----------xxxxx

Here is a Response from a team of specialists. Please follow them and see if you can get the rules amended for those who will fulfill THREE Years in Four. You all should get it. Since this rule has come into force from the 11th June 2015, anyone who lands here prior to that day should get the benefits of the old system.

"Hi there -

Thanks for your message and your interest in the Your Legal Rights website. I'm sorry to hear that a family you know is having trouble applying for citizenship. Unfortunately, we cannot give you legal advice about your specific situation, but we have some suggestions for where you might get help or a referral to help:

Ontario's Community Legal Clinics are funded by Legal Aid Ontario to provide legal services for low-income individuals and families in a variety of areas of law, including in some cases, Immigration Law. Clinics can also help you to find support and advice by directing you to relevant specialty legal clinics, other community agencies or local immigration lawyers that provide assistance and information.

Legal Aid Ontario (LAO) helps low-income individuals and disadvantaged communities get legal assistance through a broad range of services, including legal help for low-income people who appear in court without a lawyer, telephone and online assistance, resources, referrals, and assistance in retaining a lawyer if applicants meet eligibility requirements. LAO provides help in certain areas of law, such as criminal, family, and immigration and refugee.

LAO has launched a searchable lawyer directory on its website to make it easier for clients to find a lawyer. People can search for lawyers by area of law, location and language.

The Law Society of Upper Canada has information on its web site to help you find legal assistance. Visit the Law Society's online Lawyer and Paralegal Directory or call the Law Society Referral Service (LSRS) to get the name of a lawyer. You may be able to arrange a free consultation with a lawyer for up to 30 minutes through the LSRS above.

For refugee claimants and others who have questions about their immigration status in Canada, CLEO's Refugee Rights in Ontario website has useful information on where to get legal help.

The Refugee Law Office in Toronto is a staff office of Legal Aid Ontario. It can represent refugee claimants who qualify for legal aid. They also provide a range of immigration law services including representing people held in immigration detention.

Barbra Schlifer Commemorative Clinic also offers immigration services if the client is a woman who has experienced relationship violence or partner abuse.

For applications to the Federal Court, Pro Bono Law Ontario may be able to help. People who do not qualify for legal aid can apply for assistance through their Federal Court - Law Help Ontario program. For more information on these applications see CLEO's Refugee Rights in Ontario website - Challenging a decision in Federal Court.

Best of luck -

The Your Legal Rights Project Team
CLEO ""

xxxxxxxxx

This is for your Information. Please contact your M.P. first and seek his assistance. They all are standing for RE-ELECTION and will hammer 'the Conservatives' to get it for you. So, take advantage of the current political situation and WIN WIN.

Good Luck.


FH.



lemon925   
Member since: May 15
Posts: 202
Location: Toronto

Post ID: #PID Posted on: 18-06-15 14:52:16

Thanks Full House for updates !

Correct me if am wrong. So, the next step for the impacted person should be to write email or call M.P. office and present the case.

MP from my area is from Conservative party, not sure if he would be interested in listening. But no harm in trying.

Do you see any possibility of amendment in this rule.

Thanks,



Full House   
Member since: Oct 12
Posts: 2677
Location:

Post ID: #PID Posted on: 18-06-15 15:25:52


Nothing moves fast. But it is a lot faster when you get in touch with a CONSERVATIVE rep (M.P.), because he wants to CYA.

For those who have completed 2.75 years towards their Citizenship, will atleast gain an year. For those who landed 10 days ago, looks like they will gain a whole lot. (It will be the same one year.) It is a perspective that I am trying to express.

The main gripe is, they are making a rule and ramming down everyone's throat, without realizing that it ruins people's chances of gaining their Citizenship early, as promised in a period of Three Years, especially for those who deserve.

And YOU DO. So, take a shot at them.

Let us know how it all went down at the M.P.'s end? Also let us know what it is that you get in writing from them.

FH.

They all are slow pokes. fh.



lemon925   
Member since: May 15
Posts: 202
Location: Toronto

Post ID: #PID Posted on: 18-06-15 15:34:52

Thank You!

I will write to MP of my area and will let you know the response.

For me it's like either now with old rule or after 2 years with new rule.



DELHI INDIAN   
Member since: Aug 10
Posts: 296
Location: Toronto

Post ID: #PID Posted on: 18-06-15 19:08:24

I am bit confused about " intend to reside" clause. Is this only to show to get citizenship or one has to show for ever. We have several people living outside Canada after getting citizenship and planning to come back after few years, what will happen go them?


-----------------------------------------------------------------
DELHI INDIAN


sirisha   
Member since: Aug 09
Posts: 34
Location:

Post ID: #PID Posted on: 19-06-15 19:32:30

Intent to reside - yes the most confusing new rule.

Some are saying it is until one gets citizenship and it will no longer apply after becoming citizen.

After getting citizenship if someone leaves the country for a long period then they will say you misrepresented in the citizenship application and can revoke citizenship.

The wording in the application is very strong. So once we tick yes, are we done for our lifetime continuously living in Canada?

I don't really understand how we can plan and say now what we will do 5 yrs later.

Does it apply to kids of naturalized citizens as well? How can we say kids will not leave Canada for studies or other opportunities. If they do so their citizenship is revoked too?

It is very scary and don't give any security in our minds.

So what can we do????



vivek901   
Member since: Nov 08
Posts: 220
Location: Canada

Post ID: #PID Posted on: 28-07-15 15:09:45

I am replying on this post after a long time, but just checking since I recently got citizenship. The intent to reside is only till one's citizenship is processed. Lot of people today just apply and leave and comeback only for test/oath etc. The intent to reside is only till one gets citizenship. This is clearly mentioned in CIC website as well. After one gets citizenship he or she is free to move where ever one wants as defined in the constitution.

I also watched a video where the minister explains this clearly. Below is the copy paste from CIC website
"
Paragraph 5(1)(c.1) of the Citizenship Act, as amended by the Strengthening Canadian Citizenship Act (SCCA), states that an applicant must intend, if granted citizenship,

to continue to reside in Canada;
to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
to reside with their spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
This requirement is also applicable to grant applications for Canadian Armed Forces and resumption applications, including resumption for Canadian Armed Forces. For resumptions, the relevant provisions of the Act are subparagraphs 11(1)(e)(i), (ii), and (iii).

For brevity, throughout this program delivery instruction, the term “intent to reside” will be used to refer to the intentions referred to in paragraphs 5(1)(c.1) and 11(1)(e) of the Act.

Subsection 5(1.1) of the Act states that for the purposes of paragraphs 5(1)(c.1) and 11(1)(e), the person’s intention must be continuous from the date of their application until they have taken the Oath of Citizenship.

Officers will be assessing the applicant’s intention if granted citizenship (i.e., what the applicant intends to do after becoming a citizen). Applicants must hold this intention to reside if granted citizenship from the time they sign their application to the time they take the Oath. The intent to reside is required to obtain citizenship but no longer applies once citizenship is granted. Once citizenship is granted, a citizen has the right to enter, remain in, and leave Canada as guaranteed by the Charter.

These procedures only apply to applications received on or after the coming into force of these provisions through the SCCA on June 11, 2015, not to pending applications in the inventory. The authority to determine that this requirement has been met is delegated to level 1 and level 2 decision makers."



Contributors: lemon925(6) Full House(5) jigz787(3) RBO(2) DELHI INDIAN(1) sirisha(1) vivek901(1) adamthorat(1) kulb(1)



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