Canadian Citizenship News: Updates on Canada Citizenship Laws https://www.visaplace.com Toronto Immigration Lawyers, US & Canadian Visa Services Thu, 07 Apr 2022 22:20:53 +0000 en-US hourly 1 https://www.visaplace.com/wp-content/uploads/2019/12/cropped-favicon-32x32.png Canadian Citizenship News: Updates on Canada Citizenship Laws https://www.visaplace.com 32 32 How to Order GCMS Notes for Your Canadian Visa https://www.visaplace.com/blog-immigration-law/how-to-order-gcms-notes-canada/ Fri, 11 Jun 2021 03:43:08 +0000 https://www.visaplace.com/?p=45572 What Are GCMS Notes?

The Global Case Management System (GCMS) is a system used by the IRCC to process immigration and citizenship applications to Canada. These notes are extremely important to the immigration process as they provide a detailed record of an applicant’s file, correspondence from and to IRCC, documents received from the applicant, detailed notes from the officers reviewing the file at each stage, thus providing valuable information on the current status and future processing of your application for Canadian visa cases such as Express Entry applications, visitor visas, as well as study and work permits.

With your entitlement to a copy of these notes, you may stay up to date on the status of your application and take any required actions to improve the chances of your application being accepted.

How Do I Apply for GCMS Notes?

Your GCMS notes are issued under the Access to Information Act, otherwise known as the Privacy Act. This Act is a law which allows any person access to information about them from the federal government (IRCC).

To apply for the notes, you must be a Canadian Citizen, Permanent Resident, or be in Canada at the time of your request. If this is not the case, you will have to go through a representative who is a Canadian Citizen or Permanent Resident. This person will then apply for an Access to Information Act or Privacy Act request on your behalf.

What Do I Need In Order to Apply for GCMS Notes?

In order to apply, you MUST show your application number. This number will be created once you file your visa application with the IRCC. It is possible to have multiple application numbers depending on the number of applications you have submitted. Your application number(s) will include one letter (this letter will be based on which visa you have applied for), followed by a number of digits (usually 9). Below you can find examples of which letters specify which visa applications:

  • Beginning with E (such as E012345678) are economic immigration applications, including Express Entry.
  • Beginning with EP (such as EP012345678) are Provincial Nominee Program (PNP) applications.
  • Beginning with F (such as F012345678) for family sponsorship applications.
  • Beginning with S (such as S012345678) are study permit applications.
  • Beginning with W (such as W012345678) are work permit applications.
  • Beginning with V (such as V012345678) are temporary resident visa (TRV), visitor record, or Electronic Travel Authorization (eTa) applications.
  • Beginning with D (such as D012345678) for temporary resident permit applications. 
  • Beginning with C (such as C012345678) for citizenship applications.
  • Beginning with H (such as H012345678) are for Humanitarian and Compassionate considerations applications.
  • Beginning with L (such as L012345678) for refugee claimant applications.
  • Beginning with G (such as G012345678) for refugee resettlement applications.
  • Beginning with RHB (such as RHB012345678) for rehabilitation applications.
  • Beginning with N (such as N012345678) for removal orders.

The UCI (Unique Client Identifier) number is also asked for more reliable processing of the request but is not mandatory. You will receive this number only after the processing of your application has started, and unlike the application numbers, you will only have one UCI number even if you file more than one application. This number usually contains 8 digits separated by one hyphen (0123-4567) or 10 digits separated by two hyphens (12-3456-7890).

When Should I Order GCMS Notes?

For Canadian permanent residence applications, you can order GCMS notes as soon as the R10 completeness checks stage. This is Regulation 10 of the Immigration and Refugee Protection Act, which is the phase of the processing of your application where IRCC checks that all the information and documentation is complete. This stage is usually done within 1 month of applying to IRCC. The right time to order GCMS notes for PR applications would be around on the 2nd to 3rd months after applying.

If you are applying for temporary residence or your permanent residence has been processed and a decision has been reached by IRCC, you may also order GCMS notes at this time. If your applications for temporary or permanent residence do not qualify, you will be notified of the reason(s) in your GCMS notes.

How Long Will It Take After Ordering My Notes?

Under the Canadian Access to Information and Privacy Act, the IRCC has to respond to a request for GCMS notes within 30 days. However, 40 days is the average processing time after taking into consideration the workload on different offices and the number of pending requests.

Ordering GCMS notes will not delay or have any effect on your file or visa application process.

Below, you can find an example of the AITP form you have to complete in order to obtain your GCMS notes:

Do You Need Assistance in Ordering GCMS Notes?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Taking A Canadian Citizenship Test in 2022 https://www.visaplace.com/blog-immigration-law/taking-a-canadian-citizenship-test/ Mon, 30 Nov 2020 21:08:23 +0000 https://www.visaplace.com/?p=41155 In March 2020, the IRCC suspended Canadian citizenship tests due to the ongoing COVID-19 pandemic. With safeguards in place to ensure proper identification, the IRCC has launched a new virtual option for those taking Canadian citizenship tests.

The IRCC has been testing this process over the last few months starting with a small group (roughly 5,000 people) to try it first that already had the in-person citizenship test scheduled prior to the pandemic that might’ve been canceled! All in-person tests and interviews are still canceled, and you must first receive an invite from the IRCC in order to take the citizenship test.

What To Expect During Your Online Citizenship Test

Before the test, those participants will be asked to confirm their identity through personal information, and they will have to take a photo of themselves and their ID documents with a webcam before the test can begin. The online platform will continuously take photos of participants during the test which is a process that has been used to ensure the integrity of other tests that moved online due to the pandemic, such as bar exams or admission tests.

The IRCC will be notifying those invited to take the online test by email.

What If I Don’t Want To Take The Test Online?

You are more than welcome to wait to take the citizenship test in-person but there is no set date when that will be an available option!

Who Can Take The Citizenship Test?

The citizenship test is available to people who:

  • are between the ages of 18 and 54
  • meet the eligibilities for citizenship
  • are applying to retain Canadian citizenship

What Is On The Test?

You will be asked 20 questions (must be completed in 30 minutes) about the rights and responsibilities of Canadians and Canada’s:

  • history
  • geography
  • economy
  • government
  • laws
  • symbols

Check out the Canadian Citizenship Test Study Guide!

Is The Test Open Book?

Unfortunately no, the Canadian citizenship test is NOT open book and you are expected to study on your own prior to testing! The IRCC will provide you with a complete question and answer guide when beginning the process.

Need Immigration Help?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Canadian Government Promise to Waive Citizenship Fees https://www.visaplace.com/blog-immigration-law/canadian-governments-promise-to-waive-citizenship-fees/ Thu, 20 Aug 2020 16:51:51 +0000 https://www.visaplace.com/?p=39186 Unlike the US, where immigration fees are increasing, Canada is working on getting rid of Citizenship Fees entirely due to the financial crisis because of COVID-19.

Numerous applicants seeking Canadian Citizenship have announced that covering this fee is very challenging at this time especially when spouses and/or dependents are involved.

At this time, the processing fee is $530, which was increased from $100 by the previous Conservative government, plus a $100 “right of citizenship” fee.

Foreign nationals are ready for the government to stick with their word and get rid of these outrageous fees!

Promise to Waive Citizenship Fees

In the Fall 2019 election, the liberal campaign stated,

“Becoming a citizen allows new immigrants to fully participate in Canadian society, and the process of granting citizenship is a government service, not something that should be paid for with a user fee. To make citizenship more affordable, we will make the application process free for those who have fulfilled the requirements needed to obtain it,”

Spokesperson Kevin Lemkay says the government remains committed to this promise but was not able to put a time frame as foreign nationals are getting antsy.

Experienced immigration professionals have noted that it is in Canada’s “best interest to naturalize newcomers as fast and efficiently as possible” and proposed that the government AT LEAST reduce fees for bigger families which is when fees increase a lot and affect families with small budgets.

Immigration professionals and foreign nationals are still currently pushing the government to take action and waive these Citizenship fees.

Interested in Immigrating to Canada?

If you find yourself affected by this announcement and need legal assistance, contact VisaPlace today. All of our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for Niren and Associates an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Changes to Canadian Citizenship Benefits Same-Sex Couples and Couples with Fertility Issues https://www.visaplace.com/blog-immigration-law/changes-to-canadian-citizenship-benefits/ Fri, 10 Jul 2020 20:26:39 +0000 https://www.visaplace.com/?p=37999 On July 9, 2020, the Canadian government ruled a change in the definition of “parent” under the Citizenship Act. This is especially good news for couples who have had fertility issues or couples of the same sex.

Before this ruling, the Citizenship Act only allowed for foreign-born children to be automatically recognized as citizens if they shared a genetic link to a Canadian parent.

Now, the government will allow non-biological Canadian parents who are a child’s legal parent at birth to pass down their citizenship.

This change was generated by Elsje van der Ven and Laurence Caron, a same-sex couple whose son was initially denied Canadian citizenship. The couple went through the court system to look for a solution so that parents like them who have used assisted human reproduction can be considered equal to biological parents in Canada.

A news release states “Canadian families are as diverse as Canadians themselves, and everyone deserves the same rights and opportunities, no matter who they love or how they identify.”

Do You Have Questions About Canadian Citizenship?

If so, contact VisaPlace today. All of our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for Niren and Associates an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out this FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Canadians Must Take Oath to Become a Citizen https://www.visaplace.com/blog-immigration-law/canadian-oath-necessary-citizenship/ Thu, 09 Jan 2020 16:42:20 +0000 https://www.visaplace.com/?p=34472 Taking the Oath of Citizenship at a citizenship ceremony is your final step to become a Canadian citizen. Roughly 170,000 immigrants take the oath each year, according to official estimates.

The Oath of Citizenship is a solemn declaration that citizenship applicants who have been granted citizenship take, promising to obey Canadian laws while fulfilling their duties as Canadian citizens. Taking the Oath means embracing Canadian values and traditions while pledging allegiance to Canada as a democratic constitutional monarchy.

Recently, a federal court has ruled that newcomers must take the oath, not simply complete the rest of the citizenship test, to become Canadian citizens.

Justice Simon Noel stated, “Becoming a Canadian citizen is a privilege. It is a privilege that is only conferred when the oath of citizenship is taken, these 43 words signifying adherence to our constitution and our country.”

“I do not agree with this interpretation where the oath of citizenship is only a ‘formality’,” he wrote. “An applicant for Canadian citizenship must, until the end of the process, demonstrate on request the truthfulness of all the facts underlying the application. An applicant does not acquire an absolute right to citizenship following the granting of a certificate.”

Are You Interested in Becoming a Canadian Citizen?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Click here to fill out the FREE Immigration Assessment form below and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Does Canada Have Birthright Citizenship? https://www.visaplace.com/blog-immigration-law/canada-birthright-citizenship/ Fri, 03 Jan 2020 05:02:28 +0000 https://www.visaplace.com/?p=34299 Those who are born in Canada are typically protected under the Canadian Nationality Law (birthright citizenship). The Canadian Nationality Law is defined by the Citizenship Act, which determines who is eligible to be a citizen of Canada. When a child is born in Canada they typically obtain Canadian citizenship on the principle of “jus soli” which is Latin for “the right of soil.”

Even in a situation where a child is born to parents who are not Canadian citizens, the child will be automatically granted Canadian Citizenship.

Are People Born in Canada Always Automatically Citizens?

The answer is typically but not always. If a child is born in Canada they are typically granted Birthright Citizenship but there are some exceptions.

For example, there was a son of a Russian spy who was born in Toronto which would typically qualify him for Canadian citizenship. But the authorities ruled that the didn’t qualify for citizenship because of his parents involvement with spying on the Canadian government. Recently the high court rejected the first denial and is allowing him to reside in Canada.

Can a Pregnant Woman Come to Canada to Give Birth?

Yes. Technically the IRCC states that the process of reviewing the applicant for a Canadian visa can only be on the applicant’s income, admissibility factors and country of origin. The fact a woman is pregnant can not be a deciding factor on their application.

Canada Has Considered Removing Birthright Citzenship

There was a formal recommendation from immigration officials submitted requesting to remove birthright citizenship. This idea came from the perceived threat of birth tourism. The idea that pregnant woman would be traveling to Canada to give birth so that their child would receive citizenship.

This is not the first time the federal government has considered removing birthright citizenship. Removing birthright citizenship would require the establishment of a new path for granting Canadian citizenship for those born on Canada soil.

There is no evidence that birth tourism is a large enough issue to remove the program all together.

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Quebec Permanent Worker Program (QSWP) https://www.visaplace.com/canadian-immigration/canada-permanent-residence/provincial-nominee-program-pnp/quebec-permanent-worker-programs/ Thu, 02 Jan 2020 14:50:32 +0000 https://www.visaplace.com/?page_id=34162

How to Apply for Permanent Work in Quebec (QSWP)

Learn more below and fill out our immigration assessment form and we'll get back to you within 24 hours to discuss your eligibility and options.

Quebec’s Permanent Work Permits

Each year Quebec welcomes immigrant workers whose skill sets match current needs in the market. Unlike other Canadian Provinces which participate in the Provincial Nominee Program, Quebec does not have a specific Provincial Nominee Program. Instead, there are three unique programs for permanent workers in Quebec. These are: the Regular Skilled Worker Program, the Quebec Selection Certificate and the Self-Employed Worker Program. Currently, the permanent selection application process is based on expressed interest in living and working in Quebec. Recently, the Quebec government proposed changes to the PEQ program which would have made the program more selective. These changes were proposed in an attempt to attract skilled workers who would meet a specific market demand. However, backlash from students already in Quebec has led to the Quebec government introducing a grandfather clause which would help protect students already in Quebec. 

Before you begin anything else, it is important to understand the job market, how your skills meet current needs and if the province is truly right for you. This research can be done using Quebec’s Getting Informed tool which provides important information about the feasibility of immigrating to Quebec. The second step in the process is to complete and submit an expression of interest to the immigration office. The third step is to determine which program for permanent workers you want to apply for. As each program is specifically designed to meet the needs of immigrants it is important that you apply for the best one for your personal circumstances. 

What is a Quebec Selection Certificate (QSC)?

Immigration to Quebec is approved through two separate streams: selection (provincial level decision) and admission (federal level decision). Therefore, a potential applicant must pass both levels. The selection process is completed by an applicant obtaining a Quebec Selection Certificate. This certificate states that you have been selected by Quebec’s government for immigration. Obtaining this certificate is necessary but does not guarantee that you will become a Canadian permanent resident. 

Regular Skilled Worker Program:

This program is geared towards workers who plan on working for a company or organization in Quebec. 

Requirements:

Like Canadian Express Entry, selection for the Regular Skilled Worker Program is based on points awarded for specified factors and criteria. The number of points that you have will determine if you are eligible to be selected for the program. A detailed grid of the points system can be found on the Quebec immigration website. 

The factors and criteria cover nine relevant topics: 

1. Training: this factor considers your level of education and level of training complete. 

2. Work Experience: where have you worked and for how long. 

3. Age: the most points are awarded for people immigrating between the ages of 18 and 35. 

4. Knowledge of  French and English: You will need to demonstrate the level of language ability you have in both English and French. 

5. Time Spent in Quebec and Family Relationships: Have you spent time in Quebec and do you have an family relationships with Canadian citizens or permanent residents. 

6. Job Offer: do you have a permanent job offer with an organization recognized by the Quebec government. 

7. Spouse: the same information that you have provided will need to be provided regarding your spouse. 

8. Other Factors: these include things such as number of children under the age of 22 that would accompany you. 

9. Financial Self-Sufficiency: You will need to sign  contract that you are able to support yourself and your family’s needs for at least 3 months after you arrive in Quebec. 

Before You Complete Your Application:

1. Identify if your profession or skill is regulated. Regulation means that some professions are governed by professional bodies. For example, engineering and nursing. Knowing if your profession is regulated will help you understand which conditions you need to meet in order to work Quebec.

2. Understand the obstacles to finding a job in Quebec. 

3. Understand the costs of immigrating to Quebec including the costs of settling a new place. 

4. Understand the selection process. 

5. Determine when the next intake is. 

Obtain A Quebec Selection Certificate:

In order to apply for the Quebec Skilled Worker Program, an applicant needs to meet the minimum required scores. Applicants applying without a spouse or common-law partner must reach a minimum of 43 points on the employability factors and 50 points total. Applicants applying with a spouse or common-law partner must reach a minimum of 52 points on the employability factors and 59 points total. If you meet this threshold, you will be able to submit an Expression of Interest online. After you have submitted an expression of interest, Quebec’s government will invite some of the applicants to submit an application for a Quebec Selection Certificate. The following table breaks down the minimum points needed to qualify. See above for a detailed breakdown of how points are awarded.   

Those who are interested in settling outside of Montreal have the opportunity to earn more points towards their Expression of Interest (EI) profile. Learn more about this score update here: Extra RSWP Points for Applicants Settling Outside Montreal

Factor

Minimum Required Points (Without Spouse/With Spouse)

Education

26/26

Experience

8/8

Age

16/16

Language Proficiency

22/22

Quebec Connection

8/8

Spouse Factors

17/17

Valid Job Offer

14/14

Employability Eligibility Score

43/52

Children

8/8

Financial Autonomy

1/1

Minimum Score

50/59

Submit an Application for Permanent Residence:

If you are invited to apply, you will need to submit an application for permanent selection. This will require you to send your supporting documentation in as well. 

Programme de l’expérience québécoise (PEQ – Québec experience program)

If you are currently living in Quebec while working or studying, then this program is for you. PEQ allows those individuals who meet the requirements a fast-tracked way to apply for permanent immigration. This is a two-step program. First you will need to meet the requirements for the Quebec Selection Certificate (QSC). This certificate means that the applicant has been approved by the government of Quebec to apply for permanent settlement. Once a Quebec Selection Certificate has been awarded, the applicant can then apply for Canadian permanent residency.

Quebec Graduates:

Changes are occurring in this program but as of November 2019, the current requirements are as follows: 

Admissible Diplomas: 

  1. Bachelor’s Degree
  2. Master’s Degree
  3. Doctorate
  4. Diploma of College Studies – Technical 
  5. Vocational Diploma (at least 900 hours of study)
  6. Attestation of Vocational Specialization (at least 900 hours of study)
  7. Attestation of College Studies (at least 900 hours of study)

Admissible Areas of Study: 

Only certain areas of studies are considered to be eligible for PEQ. The full and current list of areas of study can be found on the Quebec’ Immigration site. 

Additionally, candidates must have been in Quebec for at least half the time of their study. For programs the range from 900 to 1,800 hours, the candidates must complete 6 months of full-time work experience. 

Temporary Foreign Workers:

Requirements:

As of November 2019, temporary foreign workers are eligble for PEQ if they: 

  1. hold a job that is on the list of jobs in demand in the Quebec job market
    1. For jobs in levels 0, A and B – you will need to have held the job for at least 12 months during the 24 month period before the application was submitted 
    2. for jobs in levels C and D – you will need to ave held the job for at least 18 months during the 24 month period before the application was submitted
    3. For regulated professions- you will need meet the requirements of your professional body. 
  2. The job CANNOT be: in an ineligible field, self- employment or for a company you have control over. 

 

As of January 1, 2020 there are new rules regarding demonstrating knowledge of French and you must show one of the following: 

  1. the results of a standardized test 
  2. fulfillment of the language requirements of a professional body 
  3. successful completion of at least three years of secondary or post secondary education conducted only in French

A new selection requirement also went into effect. Individuals will be required to learn the democratic and Quebec values found in the Quebec Charter of Human Rights and Freedoms.   

Self- Employed Worker Program

Requirements:

  1. You must be coming to Quebec to create your own job 
  2. Make a start-up deposit at a financial institution
    1. $25,000 CAD if you plan on starting your business outside out of the Montreal Metropolitan Community 
    2. $50,000 CAD is you plan on starting your business inside the Montreal Metropolitan Community 
  3. Have net assets of $100,000 CAD with proof of its lawful acquisition
  4. Have at least two years of experience as a self-employed worker in the area you plan on working in Quebec. 

You will also need to supply the following information: 

  1. your age and the age of your spouse 
  2. level of education and your spouse’s education 
  3. language skills and your spouse’s language skills
  4. financial self-sufficiency 
  5. visits to Quebec 
  6. Family in Quebec 

Interested In Immigrating to Quebec?

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What to Know About “Birth Tourism” in 2022 https://www.visaplace.com/blog-immigration-law/what-to-know-about-birth-tourism/ Tue, 31 Oct 2017 14:56:59 +0000 https://www.visaplace.com/blog-immigration-law/?p=24222

Over the past year, 379 foreign nationals were born at Richmond Hospital in Canada to non-Canadian citizens or permanent residents. This is part of an industry known as “birth tourism”, in which a pregnant woman enters Canada to give birth to a child who will then automatically be given citizenship. They typically travel to Canada as a tourist, and either book hospital rooms, rent apartments, or “baby houses” for the birth. These numbers have been growing in recent years, and hospital officials have found that 98% of these births were to Chinese nationals. Xi An, the founder of the Vancouver Post-natal Care Association and owner of the Richmond-based Icy Consulting firm, attributes the growth in birth tourism to a petition raised against it last year in Richmond. This petition gained media coverage and while before birth tourism had been an underground practice with questionable legality, it became clear to interested parents that the government “seem[ed] to be OK with it” (Wood & Xiong, Richmond News).

The idea behind this practice is that once the baby reaches the age of 18, he or she can make the decision to be either a Canadian citizen or a citizen of the country in which they reside. In the case of China, for example, the child would have to get a long-term visiting visa to return to China and apply for a Chinese ID. They would renew this visa every two years and renew their Canadian passport every 5 years. Once the child does turn 18, they will be eligible to sponsor their parents to Canada if they so choose and if they meet all requirements—another benefit for those involved.

While this process provides a great deal of opportunity to foreign parents and their Canadian born children, both the Liberal Canadian government and the Conservatives agree that birth tourism is a problem. Though they have differing opinions on what should be done, overall they see it as an abuse of the immigration system. They hope to convey the message that, if this continues, there will be consequences. Some have advocated for an end to place of birth citizenship rights (a right only provided by the US and Canada), but this has been dismissed. While there is no law stating birth tourism is illegal, immigration consultant Ken Wong sees this “loophole as a threat to the immigration system’s integrity” (Wood &  Xiong). One of the main ways this practice could be stopped, however, is to prove that when the woman enters Canada, she is not declaring her true intention. This kind of misrepresentation is illegal, and though proving it can be difficult, it may become a course of action taken at the border as a reason for inadmissibility.

Are You Interested in Immigrating to Canada in 2022?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Click here to fill out the FREE Immigration Assessment form below and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

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Proposed Changes to Canadian Citizenship https://www.visaplace.com/blog-immigration-law/proposed-changes-to-the-current-canadian-citizenship-act/ Tue, 31 May 2016 19:39:35 +0000 http://www.visaplace.com/?p=22628 Canadian-immigration

The Liberal government has been focusing their legislative efforts on improving the existing Citizenship Act in order to allow immigrants to apply for Canadian Citizenship earlier and easier than the procedure currently in place. The goal, according to the chair of the House Immigration Committee, MP Borys Wrzesnewskyj, is for the bill known as C-6 is passed into law by Canada day of this year.

Some of the proposed amendments to the current act include the reduction of the residency obligation for a permanent resident to apply for Canadian Citizenship from four out of six years to three out of five years. It would also consider the time spent by an individual on temporary status in Canada to count towards the time required to apply for Canadian Citizenship. One of the highlights of C-6 is to remove the current provision that allows the citizenship of a dual Canadian Citizen to be revoked if they are convicted of treason, espionage or terrorism.

Here is a list of the proposed changes

  1. Repeal of revocation provision

    Current Rules – Authority to revoke Canadian citizenship for certain acts against the national interest of Canada. These grounds include convictions of terrorism, high treason, treason or spying offences.

    Proposed changes – Repeal national interest grounds for revocation.

  2. Repeal of intention to reside provision

    Current Rules – In order to be granted Canadian Citizenship, applicants must have the intent of residing in Canada.

    Proposed amendment
    Repeal intent to reside provision.

  3. Physical presence in Canada

    Current Rules – In order to apply for Canadian Citizenship, an applicant needs to physically be present in Canada for four out of six years before the date of application.

    Proposed amendment – Physical presence for three out of five years before the date of application

  4. Counting temporary status

    Current Rules- An applicant cannot count the time they spent in Canada on temporary status in the Citizenship application.

    Proposed amendment – Applicants will be able to count each day they were physically present in Canada as a protected person or temporary resident prior to becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship, up to a maximum of one year of credited time.

  5. Less burdensome annual physical presence requirement

    Current Rules- An applicant must be physically present in Canada for a minimum of 183 days in 4 of the last 6 years.

    Proposed amendment – Repeal the minimum 183 days physical presence in 4 of the last

  6. Fewer people need to prove language proficiency

    Current Rules – Applicants aged 14-64 are required to meet the language requirements and pass a knowledge test.

    Proposed amendment – Applicants aged 18-54 must meet language requirements and pass the knowledge test.

  7. Canadian income taxes

    Current Rules An applicant is required to file Canadian income taxes, if required to do so under the Income Tax Act, for four taxation years out of six years.

    Proposed amendment – An applicant should file Canadian income taxes, if required to do so under the Income Tax Act, for three taxation years out of five years.

  8. Conditional sentence now a bar

    Current Rules – An applicant can count the time spent by them serving a conditional sentence order towards meeting physical presence requirements. Convicted applicants who are serving conditional sentence orders are not prohibited from being granted citizenship or taking the oath of citizenship.

    Proposed amendment – An applicant cannot count the time spent under a conditional sentence order towards meeting the physical presence requirements; nor can those serving a conditional sentence order be granted citizenship or allowed to take the oath of citizenship.

  9. Canadian citizenship oath

    Current Rulest – There exists a provision prohibiting applicants from taking the oath of citizenship if they never met or no longer meet the requirements for the grant of citizenship. However, this does not apply to any applications that were received before June 11, 2015.

    Proposed amendment – The existing provision will also apply to applications still in process that were received prior to June 11, 2015.

  10. New provision to counter fraud

    Current Rules – There exists no explicit authority for citizenship officers to seize fraudulent documents related to the processing of applications.

    Proposed amendment – Citizenship officers will have the authority to seize documents provided if there are reasonable grounds to believe they are fraudulent, or being used We don’t know whether any or all of these changes will be implemented. We will update you as we learn more.

Need help with Citizenship or Immigration?

Contact us for help with your citizenship case.  Complete a free online assessment here and get the help you need!


Subuhi Siddiqui is a Lead Canadian Immigration Lawyer at Niren & Associates. She has worked on all types of immigration application, and regularly attends the IAD and Federal Court to represent her clients. She currently heads the Permanent Residence Department at the firm.

Read More About Subuhi 

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How to Pass Your Canadian Citizenship Test https://www.visaplace.com/blog-immigration-law/pass-canadian-citizenship-test/ Tue, 14 Jul 2015 19:46:17 +0000 http://www.visaplace.com/?p=21999 What is the Canadian Citizenship Test?

The Canadian citizenship test is required for individuals between ages 18 and 54 applying for citizenship. It is most commonly a written test, but sometimes an applicant will be required to take oral test with a citizenship officer instead. The test focuses on subjects like citizens’ rights, freedoms, and responsibilities, along with democracy, society, geography, history, and politics. You will receive a notice from your local citizenship office with the time and date of your test, and will report to the Department of Immigration, Refugees, and Citizenship to take the test. You will bring the original documents you sent with your application and any passport or travel documents you used in the five years prior to applying.

Recommended Resources for Those Taking the Canadian Citizenship Test

If you are studying for your Canadian Citizenship test, you’re most likely going to be reading Discover Canada: The Rights and Responsibilities of Citizenship, the one and only official government study guide designed for newcomers.

Citizenship and Immigration Canada (CIC) states: “If you have applied for citizenship and are preparing for the citizenship test, your primary resource should be the official study guide. If you use any other material to prepare for the citizenship test, you do so at your own risk.”

The guide is completely free, and provides everything you need to prepare for the Canadian Citizenship test, along with sections on:

  • The history and regions of Canada
  • How the Canadian government works, and;
  • The various symbols of Canada

The guide is available in print, electronic and audio format, and although CIC note that there are very minor differences in each, these will not affect your ability to prepare for your citizenship test.

Study Questions

Along with important information on the Oath of Canada, modern Canada, the Canadian justice system, and Canada’s history and current economy, the guide will also provide you with some helpful study questions.

The guide states:

One of the basic requirements of citizenship is to demonstrate that you have adequate knowledge of Canada. The citizenship test is used to assess your knowledge of Canada and the rights and responsibilities of being a citizen in Canada. All the citizenship test questions are based on information provided in this study guide. You will be asked about facts and ideas presented in the guide.” 

The questions included are all very similar to what you will be asked on your Canadian Citizenship test, so it’s wise to use these to get some practice in. If you find you get most of the questions right, it could be a good indicator that you will be able to pass the actual citizenship test.

Sample Questions

  • Which province is the only officially bilingual province?
  • Who are the Aboriginal peoples of Canada?
  • What is the role of the courts in Canada?
  • What are the three parts of Parliament?

Further Guidance

If you think you’re in need of further guidance, ‘Discover Canada’ also provides a section to help you find other resources so that you can be fully prepared for the Canadian Citizenship test. This includes help searching for citizenship classes in local schools, colleges and community centres, as well as how you can find further books and videos about Canada.

Some of the recommended library reading includes:

  • Canada: A Portrait (Statistics Canada)
  • The Canada Yearbook (Statistics Canada)
  • The Canadian Encyclopedia
  • Canada: A People’s History (Canadian Broadcasting Corporation)
  • How Canadians Govern Themselves (Eugene Forsey)
  • A Crown of Maples (Canadian Heritage)
  • Symbols of Canada (Canadian Heritage)

Are you Preparing to Sit the Canadian Citizenship Test?

You can download the full guide from CIC here.

Applying for a visa in any country can be daunting, and if you have been rejected, you may feel even more disheartened. We can help.

Trust the staff of Niren and Associates. Michael Niren is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans.

To speak with a member of our staff, free eligibility online assessment form here and then one of our immigration professionals will get back to you.

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Only 26% of Immigrants Want Canadian Citizenship https://www.visaplace.com/blog-immigration-law/26-immigrants-canadian-citizenship/ Fri, 10 Apr 2015 09:00:04 +0000 http://www.visaplace.com/?p=21823 As recently reported by CIC News, the number of Canadian immigrants who actually want to become citizens has dropped by 53% in recent years. Only 26 per cent of Canadian immigrants have expressed the desire to be granted citizenship.

According to former citizenship director-general Andrew Griffith, the massive decline is due to the government’s recent fees and rules regarding Canadian citizenship.

He said: “These charges have made it harder and prohibitive for some to acquire citizenship, turning Canada into a country where an increasing percentage of immigrants are likely to remain non-citizens, without the ability to engage in the Canadian political process.”

Stepping Stone to Immigrant Integration

Griffith also noted that previously, citizenship had always been seen as a stepping stone for immigrant integrating into society. The drop reportedly happened between 2000 and 2008. In 2007 alone, the percentage fell to 44%.

Currently, the residency rules state that you must be a resident in Canada for at least three out of four years, however this is set to change in June to four out of six years. The age of exemption from citizenship and language tests will also be raised from 55 to 65.

Since 2010, regulations have become increasingly stringent, including the introduction of a Canadian citizen test to measure applicants’ knowledge of the country’s culture, history and values. In order to pass, you need to earn a score of 75 per cent – up from a previous 60 per cent – this means applicants need to pass at least 15 multiple choice questions out of the total 20.

A Direct Impact

According to Griffith, the new passing rate had a direct impact on the number of people gaining citizenship, with immigrants from the Caribbean alone seeing their pass rates fall by nearly 20%. Meanwhile, immigrants from Southern and East African areas, along with immigrants from South Asian, all experienced a decline of over 15 per cent in pass rates.

Johanne Nadeau, spokesperson for Citizenship and Immigration Canada, stated that the new citizenship test is exactly the same for every applicant, and is “neither too easy nor too difficult”. In order to pass the test, immigrants must have a comprehensive understanding of Canada’s history, identity and values.

The matter of fees is also a concern for many potential citizens. In 2014, the fees increased from $100 per adult, to $530 – not including the additional $100 “Right of Citizenship” fee that must be paid by successful candidates.

Griffith said: “When you make it more difficult for some communities to become citizens, you are going to create issues with their engagement, attachment and identity of Canada.”

Are You Interested in Immigrating to Canada?

If you’re interested in immigrating to Canada, we at Visaplace can help you. We have literally helped thousands and thousands of people successfully immigrate to Canada, so they can visit, work, study or live, and we certainly can help you too!

The first step towards moving to Canada is to get an assessment of your specific situation. All you need to do is use our free online immigration assessment form here or contact us here.

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How Long is Processing for Canadian Application? https://www.visaplace.com/blog-immigration-law/canadian-citizenship-processing-time/ Thu, 12 Jun 2014 21:03:43 +0000 http://www.visaplace.com/?p=20694 Reminder: Due to the impact Coronavirus has had on Canadian immigration, offices are experiencing delays in both receiving and processing citizenship applications for the time being.

There are many steps you must take and requirements must meet in order to become a Canadian citizen. But it’s common to have many questions about what exactly happens after you apply.

Understanding Canada’s Citizenship Processing Times

After you apply for citizenship, you must wait to take the citizenship test. The time between submitting your application and writing the citizenship test can be different for everyone. Everything will depend on your personal case and the Canada visa processing times for 2021.

The good news is that Citizen and Immigration Canada has seemed to have reduced the processing time over the years. Their target is generally for 12 months or less from when they begin processing a complete application to when you actually become a Canadian citizen. Application processing times are going down which is great news for applicants. It’s also great news for us.

How to Ensure Faster Canada Visa Processing Times for Applications

In order to speed up your application, the best practices must be followed. These include:

  • a complete application
  • making sure that the forms are filled out properly will give you a great head-start.
  • make sure your government fees are paid and that everything is done the way it should be done.

If this is not the case, what ends up happening is that you file your application and then you will be sent a letter asking you for additional information or clarification.

That letter could cost you delays in an amount of months and sometimes years. So, regardless of their processing times, you have to play your part and make sure that your application package, when you submit it, is solid and complete.

Taking the Citizenship Oath

Reminder: Due to the spread of Coronavirus, the Canadian government announced it would be hosting virtual citizenship ceremonies for certain individuals. They will be inviting citizenship candidates to take their oath of citizenship online until further notice.

The very last step to becoming a Canadian citizen is taking the Oath of Citizenship at a citizenship ceremony. These ceremonies typically take place across the country and at all times of the year.

The IRCC will send you a notice with the date, time and location for your citizenship ceremony about 1-2 weeks before it will take place.

Do You Need Help Processing Your Immigration Applications?

Book a consultation today with an immigration professional! One of our Canada immigration professionals will determine exactly how long it will take for you to receive your Canadian visa and put you on the right track to a successful visa application.

Use the IRCC Processing Time tool to determine how long your Canada visa processing time may take.

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Canadian Citizenship Judge Charged With Helping Immigration Consultants’ Clients Cheat https://www.visaplace.com/blog-immigration-law/canadian-citizenship-judge-charged-helping-immigration-consultants-clients-cheat/ Mon, 27 May 2013 17:00:56 +0000 http://www.visaplace.com/?p=14764 After a one-year investigation by the RCMP, a Citizenship and Immigration Judge is facing charges and is accused of giving copies of citizenship exams to a Toronto immigration consultant after stealing them.

According to the RCMP, the judge allegedly passed these tests onto an immigration consultant in order to help their clients attain Canadian citizenship. The judge himself has been charged with breach of trust, theft and fraud while two others, who are immigration consultants in Scarborough, have been charged with possession of stolen property.

The Canadian Citizenship test is an important component of the citizenship process. It discusses Canadian symbols and things like history, geography and government, while if someone fails the written exam they will have an interview with a citizenship judge.

Immigration Fraud is Never Worth it!

In order to become a Canadian citizen, one must be a Canadian permanent resident who has lived in Canada (physically resided) for three of the four years before the application for citizenship. They must also pass the citizenship test.

Creating Awareness About Immigration Fraud

The Canadian immigration department is taking immigration fraud very seriously, with new television ads to raise awareness about immigration fraud. In addition, this particular investigation has been very in-depth and the investigators will eventually catch up with anyone who obtained their citizenship fraudulently. Even if you are a Canadian citizen, if you’ve obtained your immigration status through any kind of fraud you are at risk of having it revoked and having it seriously impact your future in Canada.

Interested in Applying for Canadian Citizenship?

Become a Canadian citizen the right way! Contact our immigration law firm for assistance.

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Changes to the Maximum Age of an Immigrant Dependant https://www.visaplace.com/blog-immigration-law/maximum-age-immigrant-dependant/ Sat, 18 May 2013 20:14:11 +0000 http://www.visaplace.com/?p=14977 A Toronto Star article published last week says that the federal government will be reducing the maximum age of immigrant dependant children in Canada from 22 to 19. Previously, students over the age of 22 who were studying full-time were given an exemption and were still eligible, but that will be taken away also. immigrant-dependant The outline says, “The earlier in life immigrants arrive, the more their educational experience will resemble that of their Canadian-born counterparts and the easier it will be to learn an official language and adapt to Canadian cultural traits and social norms.”

Will the New Restrictions on the Age of an Immigrant Dependant Affect You?

The new change will take effect on January 1. In doing so, approximately 7,000 immigrant dependant children will now be unable to come to Canada based on the immigration statistics from 2012, where about 10 per cent or 7,237 dependents who came to Canada were over the age of 19. The information comes from an outline of a government plan, which states that these older children could consider coming to Canada as international students and then applying to immigrate to Canada on their own. In addition, The Star reported that Citizenship and Immigration Canada said Canadian citizenship applications for older children takes a lot longer.

How Do These Changes Affect Your Dependants Immigration Process?

Immigration applications that are already in process will not be affected by the new rule change for immigrant dependants, but any applications filed on or after January 1st will be bound by the new rules. Are you concerned about these rule changes? Are you an immigrant who wants to bring your dependent children to Canada, or someone over the age of 19 who wants to come to Canada as an international student? We can help you! Fill out our Free Online Eligibility Assessment or Book a Consultation with one of our experienced immigration lawyers who can help you bring your family to Canada as immigrant dependants.

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Requirements for obtaining citizenship in Canada https://www.visaplace.com/blog-immigration-law/requirements-obtaining-citizenship-canada%e2%80%a8%e2%80%a8/ Tue, 30 Apr 2013 11:55:37 +0000 http://www.visaplace.com/?p=14600 Permanent residency is a highly sought after position in Canada, but many permanent residents wish to become Canadian citizens. Canadian citizens have many rights that permanent residents do not. For example, Canadian citizens may vote in elections, have a Canadian passport and hold public office.

Canadian citizenship is sometimes considered the final step in the immigration process, but it is not an easy one. There are several requirements you must meet.

What’s needed to become a citizen of Canada

1. People applying for Canadian citizenship must be over the age of 18 and must be permanent residents.

2. People applying for Canadian citizenship need to be able to demonstrate that they can speak English or French, and may have to undergo a language test.

3. Demonstrating your knowledge of Canada is an important component of becoming a Canadian citizen. You will be given a Canadian citizenship test, either verbally or written. You are required to pass the test in order to become a Canadian citizen.

4. You must meet a residency requirement. As a permanent resident you are likely used to having to meet a residency requirement already. For permanent residents, this requirement is two of every five years that must be spent in Canada.

For permanent residents who are applying for citizenship, they must spend three of the last four years in Canada. If not all of that time was spent as a permanent resident, pre-permanent resident days count as half-days.

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