Thursday, February 6, 2014

Citizen Changes

From the Globe and Mail:
"Ten ways Ottawa is changing how to become a Canadian citizen"

The federal government has tabled changes to Canada’s citizenship law, billed as the first overhaul in a generation. The rules make it tougher to get citizenship but also pledge to tackle the backlog of applications. Here are some of the major changes.

Longer waits to apply for citizenship:


The wait time for a resident to apply for citizenship is getting longer. Under the new rules, when passed, a resident will need to have lived at least four of six years in Canada, including at least half a year physically in the country for four of those six years. Previously, the requirement was three of four years, with no requirement to be physically present. The changes will also include a new question on a citizenship application form, asking applicants to declare an “intent to reside” in Canada as a citizen, with government saying the purpose is to signal citizenship is meant for people who want to live in Canada. However, it’s largely ceremonial – the department won’t be checking up on the residency of people once they have citizenship. 

Tougher language requirements:

Applicants from age 14 to 64 will now have to meet a language requirement in English or French, as well as a knowledge requirement in either language. Current rules applied only those aged to 18 to 54, and the knowledge requirement could be done with help of an interpreter. Departmental officials stressed this was to further signal citizenship is for those who intend to live, work and integrate in Canada. The age requirement raises to 64, with government saying people are working longer and need to have the language skills to do so.


 

Residency fast-track for soldiers:


This offers a faster track to citizenship for those who are a permanent resident who enlists with, or a foreign national on exchange with, the Canadian Forces. Doing so continuously essentially knocks a year off the residency requirement – after three years in the forces, a candidate is eligible to apply for citizenship.

Revoking citizenship from terrorists:

This is a major change carried forward from a private member’s bill that failed to pass last year.  Critically, it applies only to dual citizens, as Canada isn’t able to leave someone stateless. The rules would allow Canada to revoke citizenship from dual citizens involved in an organized “armed conflict” within Canada, and deny citizenship to permanent residents who do the same. Authorities could also strip citizenship from dual citizens convicted of terrorism, treason or spying abroad. The process also gives the federal cabinet power to “streamline” removals of those who have their citizenship revoked, but complex cases would be decided by a federal court, departmental officials said.

Higher fines, prison sentences for fraud:

Immigration fraud can include lying about whether someone lives in Canada or has adequate knowledge of the country, or misrepresenting whether any criminal issues would prevent someone from getting citizenship. Current penalties included a maximum fine of $1,000 and/or a year in prison. The new fines are a maximum fine of $100,000 and/or five years in prison. 

More power to the minister:

The new rules concentrate more power in the hands of the Citizenship and Immigration Minister, including some that currently reside with cabinet, such as the final authority for decisions on citizenship revocation and discretionary grants of citizenship. It gives the current minister, Chris Alexander, the power to unilaterally grant citizenship.






Streamlining the application process:


The current process takes three steps and includes a citizenship judge. The new one will take one step and require only a citizenship officer, with judges instead mostly presiding over citizenship applications. The number of citizenship judges – 30 full-time-equivalent positions, currently – is expected to decline. Government is also adding a new $300 fee for adult applicants, who currently pay only 20 per cent of an application cost. A “right of citizenship” fee of $100 also remains in effect. Amid it all, government hopes to cut down a backlog, which is currently between two and three years and includes 320,000 cases, to one year by 2015-2016. The application screening process will apply to the current backlog once the bill is passed, but the new requirements, such as on residency, will not affect those who have already applied for citizenship.

Tax requirements:

Prospective citizens will need to file taxes in Canada for four out of six years in order to submit an application for residency. The current rules don’t require them to file taxes in Canada. The changes don’t appear to affect Canadians working and living abroad. 


Creates standards for registered immigration consultants:

Under the current rules, immigration consultants aren’t registered or regulated by government, a system Ottawa says is vulnerable to abuse and fraud. The new law will define who an “authorized representative” is and develop regulations to create a regulatory body. Immigration consultants had asked for this, to ward off those who aren’t legitimate professionals.

More help for "Lost Canadians":

Changes made in 2009 fixed a loophole that excluded citizenship for some so-called “Lost Canadians,” such as Jackie Scott, pictured above. Those changes applied to the vast majority of cases, departmental officials said, but the new rules tabled Thursday will further expand the initiative. Under the new rules, those born before 1947 in the country, and their first generation born abroad, will be eligible for citizenship.

^ I don't see an issue with the majority of these changes, but I would like to know what the Canadian Government is doing to fix the back-log on native Canadians (born outside Canada) receiving their proof of Canadian Citizenship. It took me 10 months to even hear anything. The first priority for the Canadian Government should be Canadian citizens and then those that want to be Canadians. Also nothing is mentioned about doing away with the stupid provision that Canadians born outside of Canada in the second generation can not give Canadian citizenship to their children unless their children are born in Canada. That is the worst "crime" since it makes many children stateless. ^

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