How to Apply for Canadian Citizenship
If you are a permanent resident of Canada and have been a resident in Canada for three years out of four, you can apply for Canadian citizenship. Becoming a Canadian citizen provides access to certain rights and privileges that are not available when only a permanent resident. Canadian immigration lawyers will point out that as a citizen a person has the right to vote in political elections as well as obtain a Canadian passport. The citizenship application will need to be filed in Canada. The application process does include a language test to determine their level of ability in either French or English. Additionally, the individual will be tested on their knowledge about Canada. The last step in the application process, for those who make it past the other steps, will include being invited to a citizenship ceremony. During the ceremony a Citizenship Card will be personally presented by the presiding Citizenship Judge.
Citizenship Applications where the 3-year residency requirement has not been satisfied
A Canada immigration lawyer will tell you that residence in Canada is obtained by physically living in the country for three out of four years. If, however, a person has not been physically present for this time but can show that they have kept a considerable connection to Canada while away, they may still qualify to become a citizen. For example, if a person's family is still in Canada, their property is in Canada, their income tax is being paid in Canada, but they have been out of the country for more than one in four years, they could still apply for citizenship. In the case they would be a "de facto" resident in Canada. In each case a Citizenship Judge will review the facts and make a determination on whether the person is eligible to be considered a resident for the purpose of obtaining citizenship.
Citizenship Appeals
When an application for Canadian citizenship is refused by the authorities, it may be necessary to contact a Canadian immigration lawyer for help filing an appeal to the Federal Court of Canada within the required 60 day time span. The Court will take a look at the original decision made by the Citizenship Judge to see if it was made within the boundaries of the law. The court will want to see if the decision made sense in light of available evidence, if it was fair, and it was within the judge's jurisdiction. If an error was found in the decision, the decision will be overturned and sent back for re-consideration by a completely different citizenship judge.
Citizenship Applications where the 3-year residency requirement has not been satisfied
A Canada immigration lawyer will tell you that residence in Canada is obtained by physically living in the country for three out of four years. If, however, a person has not been physically present for this time but can show that they have kept a considerable connection to Canada while away, they may still qualify to become a citizen. For example, if a person's family is still in Canada, their property is in Canada, their income tax is being paid in Canada, but they have been out of the country for more than one in four years, they could still apply for citizenship. In the case they would be a "de facto" resident in Canada. In each case a Citizenship Judge will review the facts and make a determination on whether the person is eligible to be considered a resident for the purpose of obtaining citizenship.
Citizenship Appeals
When an application for Canadian citizenship is refused by the authorities, it may be necessary to contact a Canadian immigration lawyer for help filing an appeal to the Federal Court of Canada within the required 60 day time span. The Court will take a look at the original decision made by the Citizenship Judge to see if it was made within the boundaries of the law. The court will want to see if the decision made sense in light of available evidence, if it was fair, and it was within the judge's jurisdiction. If an error was found in the decision, the decision will be overturned and sent back for re-consideration by a completely different citizenship judge.
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