Canadian Citizenship Lawyers
Canadian citizenship is an important and exciting milestone for people committed to living in Canada. It can provide status security, the right to vote, and a deeper connection with Canada itself. Many people find that these benefits make the time and effort needed to apply for citizenship worth it. However, it’s important to remember that the path to citizenship is intricate, especially if your immigration history is complex. Working with a Canadian immigration lawyer early on in the planning process can help you anticipate many common pitfalls and prepare accordingly.
At Border Solutions Law Group, our Vancouver immigration lawyers have experience with every step of the citizenship process. From checking if you meet the requirements to challenging refusals, we can advise you on what to do. Thinking of becoming a Canadian citizen or having issues with your citizenship? Contact our team today.
Canadian Citizenship: Eligibility and Key Requirements
Canadian citizenship grants holders a significant number of advantages. For example, once you become a citizen, you no longer need to renew your permanent resident (PR) card or satisfy ongoing residency obligations. You also gain the right to vote and even run for certain public offices. In addition, Canadian citizenship allows you to travel the world with a Canadian passport, which can offer a high level of mobility.
Considering all of these benefits, before you begin your citizenship application, it’s crucial that you meet Canada’s core citizenship criteria. The government has specific guidelines for the amount of time you must have spent in the country, how you’ve filed your taxes, language skills, personal conduct, and more.
When you’re applying for Canadian citizenship, you will need to evaluate your:
- Physical Presence: In most cases, applicants must have accumulated at least three years (1,095 days) of physical presence in Canada within a five-year window before they apply for citizenship. If you lived in Canada on valid temporary permits before becoming a permanent resident, you may be able to use some of this time to count toward your physical presence requirement. Ensuring you calculate your residency days accurately is important, as inconsistencies might lead to your application being refused.
- Language Proficiency: The government typically requires proof of language skills in English or French. You may provide official language test results (IELTS or CELPIP, for example). You can also use a certificate or diploma from an English or French-speaking program as proof of language skills.
- Tax Filing: You should have completed at least 3 Canadian tax filings within the last 5 years. You will typically need to provide proof of these filings in the form of a Notice of Assessment (NoA) or other documentation.
- Good Conduct: Immigration, Refugees and Citizenship Canada (IRCC) will examine your record for any criminal or security issues that would prevent you from becoming a citizen. If you have a past conviction or have been under immigration investigation at any point you should consult a Canadian immigration lawyer before you apply.
- And More
The Canadian Citizenship Application Process
Before beginning your application, it can be helpful to stay informed about what to expect throughout the process. Although every application varies in complexity, you can generally anticipate a few key steps you will need to undertake:
- Gathering Supporting Documents: You should begin your application by collecting your PR card, passports, and other travel documents that cover at least the past five years (or more, if requested). You should also assemble your proof of language competence, CRA Notices of Assessment, and any additional identification you have.
- Completing Your Application and Forms: Many Immigration, Refugees and Citizenship Canada (IRCC) forms can be completed online. Filling out these forms accurately is extremely important. Any small oversight, such as omitting a period in which you travelled outside of the country, can result in complications. By working with an immigration lawyer, you can be confident that the information you provide is consistent and has been thoroughly reviewed.
- IRCC Review: Once you have submitted your application and paid any applicable fees, IRCC will examine:
- Your residency calculation
- Language proof
- Overall admissibility
- And more
Some applicants may receive requests for additional documentation if details seem inconsistent or require further clarification.
- Test, Interview, or Ceremony:
- Citizenship Test (if required): Applicants aged between 18 and 54 will typically need to take a knowledge test on Canadian history, institutions, rights, and responsibilities.
- Possible Interview: IRCC may schedule an in-person or virtual interview if they need more clarity regarding your days of residency, language capacity, or other issues. Your immigration lawyer will help prepare you for your interview.
- Citizenship Ceremony: Candidates whose applications are approved will take an Oath of Citizenship, where they officially become Canadian citizens. Ceremonies can be in-person or virtual.
Once you have completed all necessary steps you will need to wait for your application to be processed. Processing times can vary but many citizenship applications are processed in 6-12 months. Complex cases or backlogs may result in longer wait times. If you experience delays or receive a request for additional documents from IRCC having legal support by your side can help you respond.
Citizenship Refusals & Revocations
Some citizenship applications are refused. This can often happen when there is inadequate evidence of residency, incomplete language proof, or criminal/security issues with the applicant. In other situations, IRCC may suspect misrepresentation has occurred if your application is inconsistent with earlier submissions or responses.
If you’re facing a refusal, there are two main paths you can consider taking:
- Reapply: If IRCC’s issue pertains to residency days or language levels, waiting until you fully meet all criteria and resubmitting your application can often resolve the problem.
- Judicial Review: If you believe IRCC made a mistake when assessing your application, you can request a judicial review at the Federal Court. This is a formal legal process where you must show that the refusal was incorrect in law or fairness. To present an effective judicial review, it is recommended that you work with an experienced immigration lawyer.
Citizenship revocation is rare compared to refusals, but it can happen if IRCC discovers that you originally obtained your citizenship through fraud or misrepresentation. For example, if IRCC suspects that you lied about your residency days or that you have a criminal background. If you’re facing revocation, talking to legal counsel right away is vital. A lawyer can help you appeal the decision or explore other immigration pathways.
Citizenship Resumption & Proof of Citizenship
If you previously held Canadian citizenship and either voluntarily renounced or lost it at some point, you may be eligible to reapply for “resumption” of citizenship. This is normally the case if you meet all current citizenship requirements outlined above.
Sometimes, you might have official Canadian citizenship by law but not the official certificate that allows you to access government services or apply for a passport. This is often the situation for those born abroad to a Canadian parent. In these circumstances, an application for a Citizenship Certificate (also known as “proof of citizenship”) may be submitted. Demonstrating your eligibility in these scenarios can be complex, depending on the kind of documentation you have available.
Canadian Passport Applications
Once you become a Canadian citizen (or hold a valid citizenship certificate), you have the right to apply for a Canadian passport. This process will involve:
- Submitting Proof of Citizenship: Including your citizenship certificate, other identification, and photos that meet government specifications.
- Providing a Guarantor: For first-time adult passport applicants, you will need someone who meets government criteria to vouch for your identity. They will be required to sign and fill out certain portions of your passport application.
- Await Processing: Passport processing times can take a few weeks or months. At an additional cost, faster service is available for urgent travel.
Occasionally, passport refusals can happen. These are often due to:
- Incomplete proof of citizenship
- Errors with the guarantor’s form
- Suspicion of misrepresentation
- And more
If your passport application is refused, you can correct any mistakes in your original application and reapply. A legal professional will be able to identify and fix any deficiencies in your application.
Why Work With Our Vancouver Immigration Lawyers for Your Citizenship Journey?
Although the citizenship process might seem straightforward at first, you can still run into unexpected roadblocks. Whether you’re having trouble calculating your residency days, responding to IRCC procedural fairness letters, or addressing potential language issues, our Vancouver immigration lawyers can help.
When you choose to work with Border Solutions Law Group for your Canadian citizenship journey, you gain the advantage of:
- Accurate Residency Calculations: Even a small miscalculation in your physical presence can result in your application being refused. Our lawyers will make sure your statements are IRCC compliant and are consistent across all of your documentation.
- Document Preparation: Making mistakes when filling out paperwork or forgetting to provide proof of language/identity can delay your application. Our experienced Vancouver immigration lawyers know what documents you need to submit and when you need to submit them.
- Handling Complex History: Frequent travel, old criminal convictions, or prior immigration violations can affect your citizenship application. Our team can carefully navigate the issues you encounter and prescribe remedies.
- Proactive Responses to Refusals: If IRCC raises concerns and denies your application, our legal team can advise you on the next steps you should take. Depending on your circumstances this might include reapplication or, when necessary, judicial review.
Are You Pursuing Canadian Citizenship? Get Started Today With Our Vancouver Immigration Lawyers
Canadian citizenship opens doors to new rights, freedoms, and opportunities. Whether you’re just beginning to assess your eligibility or you’ve encountered a hurdle like a refusal or revocation, our Vancouver immigration lawyers at Border Solutions Law Group can provide the assistance you need. Contact us today to schedule a consultation and embark on your Canadian citizenship journey. You can call our Vancouver office toll-free at 877-341-6761, or fill out our online contact form.