Six requirements to meet when applying for Canadian citizenship – The Law

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Published: December 11, 2008

Q: My family came here from Europe to farm in the West. We have been here for about 10 years. We would like to become Canadian citizens. What do we do?

A: First, welcome to Canada. In researching this article I was surprised to learn that about 150,000 people become citizens every year, from many places.

Once you have decided to seek citizenship here, there are a number of steps to take. To start, figure out whether you and your family members are even eligible to become citizens.

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There are six requirements. The first is age. You must be 18 years old to apply. You can also apply for your children who are younger than 18 if you are their parent or legal guardian. Your children need to be permanent residents of Canada. And, you must either already be a citizen or be applying to become one at the same time.

Next, you must be a permanent resident of Canada.

Third, you must meet the time requirement of having lived in Canada for at least three years. This does not need to be continuous; you have to have lived in Canada for 1,095 days (three years’ equivalent) out of the past four years before you apply. Your children do not need to meet this requirement.

Fourth is language. You must have a certain level of skill with either English or French, but not necessarily both. The level is not high; you just need to be able to communicate with others and have them be able to understand what you are saying.

Fifth is criminal history and record. This is a complex requirement and you will likely need some assistance. If you’ve been convicted of a serious criminal offence, or are facing charges or an immigration investigation, or are in jail, your application for citizenship will not succeed.

Last is knowledge of Canada. You are required to know certain legal rights and responsibilities of Canadian citizens. An example is the right to vote. You must also know some things about Canada’s history, system of government and geography. Citizenship and Immigration Canada produces a publication that gives potential citizens all this information and you will need to pass a test on these subjects. If you cannot pass this test, you will not become a citizen. The test is not onerous but does require some reading and study.

There is an application fee to be paid, and during the process you may be asked to produce a criminal record check or even undergo a medical examination. The government then advises you in writing of the outcome of your application.

If you pass all these requirements, you will be granted Canadian citizenship. This is celebrated at a ceremony, sometimes called Citizenship Court. These events are held at numerous locations around the country. Sometimes they are in a courthouse, but more often they’re in a school gym or legion hall. The ceremonies can be moving, both for new Canadians and those of us who have held citizenship for a long time.

For information on Canadian citizenship and immigration, visit the federal government’s website at www.cic.gc.ca. It is a well-constructed site with substantial information. As well, contact a lawyer who practises in this area of the law. Someone reputable can make this process much easier for you.

Modern Canada was built by people who came to this country in search of a better life for their families and themselves. Most found that better life. How else to celebrate it than by becoming a citizen?

Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.

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