Bill C-6: A Move towards Expediting the Citizenship Process for Permanent Residents in Canada

 

Bill C-6, An Act to Amend the Citizenship Act, Royal Assent and became law June 19, 2017. The new bill, which will gradually come into effect over the coming year, ensures that permanent residents of Canada will undergo a more expeditious process towards receiving Canadian citizenship.

These amendments follow the provisions set forth by the Harper government under Bill C-24, which had commenced in June 2014.

Those changes which will immediately come into effect under the Act, include:

  • The removal of a provision requiring applicants to declare Canada as their primary place of residence.
  • A provision allowing minors born outside of Canada to apply for citizenship without the approval of their parent(s) and/or court-approved guardian(s).
  • A provision including statelessness as a ground of consideration.
  • A provision barring those serving a conditional sentence from obtaining citizenship.
  • A provision requiring persons with disabilities to be reasonably accommodated during their application process.
  • A provision requiring all applicants, including those who applied for citizenship prior to June 11, 2015, to comply with citizenship requirements from the time of submitting their application till their Oath of Citizenship.
  • The removal of national interest grounds of revocation, which withdrew citizenship from dual-citizenship holders engaged in treason, spying, and terrorism offences, or those partaking in an armed force of a country or organized group engaged in conflict with Canada. Under Bill C-6, those found to be engaged in these activities will undergo the same process within the criminal justice system as other Canadian citizens, whether or not they possess dual citizenship.

The following changes are expected to come into effect in Fall 2017:

  • An amendment lowering the physical presence requirements from 4 to 3 years.
  • An amendment lowering the Canadian income tax requirements from 4 to 3 years.
  • An amendment adjusting the age range for meeting the language and knowledge requirements for citizenship from 14-64 to 18-54.
  • A repeal of the physical presence requirement asking applicants to be physically present in Canada for 183 days during 4 out of the 6 years preceding their application.
  • A provision permitting applicants to include the days they were physically present in Canada as temporary residents or protected persons as half-days towards meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days.

Under the Act, the following changes are also expected to come into effect at the beginning of 2018:

  • A provision which transfers final-decision making powers for citizenship revocation matters from the Minister to the Federal Court.
  • A provision which provides Citizenship Officers with the authority to seize fraudulent documents pertaining to the Citizenship Act.