佳华主页
工商黄页
天涯寻梦
佳华博客
移民之路
子女教育
在线游戏
佳华社区
Photo
联       系
English Version

佳华网 - 加拿大华人综合信息网

English Version Here!
2017年06月24日    星期六
国籍
Citizenship


Questions
  1. New Baby & Citizenship
  2. How to calculate residence (days spent ouside Canada)
  3. How to calculate residence (days spent in Canada before landing)
  4. Question on "3/4" Citizenship Act
Answers
    Top
  1. New Baby & Citizenship

    Q: I am a Canadian citizen living in NJ. I married a US citizen and hold a green card which she sponsored. We have our first baby due 7/2000. I want out child to have the ability to be schooled in Canada without having to pay foreign student fees, etc. Can I get Canadian citizenship/a passport for the baby even though it will born in the US?

    A1: A child born to a Canadian citizen anywhere in the world is a Canadian. You can apply for a citizenship certificate and then for a Canadian passport on behalf of the child if you wish. See: http://www.ci.gc.ca/english/coming/ecertif2.html

    A2: Yes. Under paragraph 3(1)(b) of the Citizenship Act, a child born to a Canadian parent (or parents) outside Canada is a Canadian citizen.

    The Canadian government, BTW, is currently considering a wholesale rewrite of the citizenship law -- Bill C-16 -- but even if this bill is enacted into law before your child is born, he/she will still be a Canadian citizen, under paragraph 4(1)(b) of the new law.

    To document your child's Canadian citizenship, you should contact a Canadian consulate or embassy and request an application form for a "Certificate of Canadian Citizenship" (the wallet-sized photo ID card commonly nicknamed a "citizenship card"). You should do this as soon as possible after the child's birth. Once he/she has a citizenship card, you can (if you desire) use it to apply for a Canadian passport for him/her -- or you can have him/her listed as a dependant in your Canadian passport.

    Since your child will be born in the US, he/she will also be a US citizen by birth. His/her birth certificate will suffice as proof of US citizenship; you can also get him/her a US passport if you want.

    Under both US and Canadian law, there is no problem with your child having both citizenships by birth and throughout his/her entire life. Some people may try to tell you that he/she will have to choose one or the other citizenship when he/she grows up, but this is not true under current US or Canadian law.


  2. Top
  3. How to calculate residence (days spent ouside Canada)

    Q: I need some clarification on how to count the number of days spent outside Canada. For example, if I leave Canada on Dec 6 and come back on Dec 9, do I have to deduct 2 or 4 days? Under the current Immigration Act, does time spent outside on assignment by a Canadian company counts towards residency? If so, do I have to list these absences on the application form? BTW, how long does it take for a bill to be enacted into law (at least)?

    A: Contrary to what others have posted, if you are in Canada for any portion of the 24 hour day, then you are considered resident in Canada for that day. In your example you would have been absent for 2 days (i.e. Dec. 7 & 8).

    Residence under the Immigration Act is from the perspective of maintaining your permanent resident status and it differs from the concept of residence for the purpose of calculating your entitlement to apply for Canadian citizenship under the Citizenship Act. There are differing approaches taken by Citizenship judges and by the Federal Court in interpreting the the concept of reisidence for citizenship purposes. Some take a broad expansive approach while others take a narrower, more technical approach.

    You must list all days absent from Canada, irrespective of the reasons for the absence. If you have a number of days outside Canada there is a form which you can obtain from Citizenship Canada (not on the website) entitled "Residency Questionnaire" which you should send with your application. This form notes at the top that residence does not mean actual physical residence.

    It is difficult to say when the bill will become law. It was on the order paper in the last session of Parliament but did not pass, so it had to be re-intoduced. The Minister states that she intends to pass the Bill through Parliament this time. If you want to look at the bill and read commentary on it, see:
    http://www.ci.gc.ca/english/pdffiles/pub/bill-c16.pdf
    http://www.ci.gc.ca/english/pdffiles/pub/c16cls-e.pdf
    http://www.ci.gc.ca/english/press/99/9937-pre.html
    http://www.ci.gc.ca/english/about/policy/citact2_e.html


  4. Top
  5. How to calculate residence (days spent in Canada before landing)

    Q: I landed in Canada last year in November, 1998. Before I landed in Canada, I was on a student visa for 4 years and 1 year on a work permit. I am just wondering whether I can apply for Canadian citizenship at this time (November, 1999).

    A: You are eligible for credit for the time that you legally resided in Canada prior to establishing permanent resident status, up to a maximum of one year. You would, therefore, require an additional year of residence in order to be considered eligible.

    It needs to be understood, too, that any time spent in Canada prior to "landing" is counted at a 50% rate.

    That is, under the current rules, the original poster could count his/her two years in Canada immediately before landing as being equivalent to one year as a landed immigrant. As a result, he/she would become eligible to apply for citizenship two years after landing (i.e., in November of 2000).

    Chances are fairly good, of course, that by the time the original poster would become eligible to apply for citizenship, the law may change. Parliament is currently considering a government bill (Bill C-16) which would revise the residence rules for citizenship. There are two major changes proposed in this bill which could affect his/her situation:

    1. The new bill proposes that the residence requirement for citizenship can be satisfied only through literal, physical presence in Canada. Right now, at least some time an immigrant spends outside Canada (on vacations, business trips, etc.) can still be counted toward the three-year residence requirement. If Bill C-16 is enacted, this will no longer be permitted under any circumstances whatsoever. The new law proposes that any partial day in Canada will count as a full day. Thus, if you take a trip abroad, you could count the day you left and the day you returned.
    2. The new bill proposes to extend the "window" of time (counting backwards from the date of application) during which time spent in Canada can be counted. Currently, you can only go back four years. If Bill C-16 is enacted, time spent in Canada up to six years ago could be used to meet the residence (physical presence) requirement.

    Note, though, that Bill C-16 will still count pre-landing time at a 50% rate -- and you will still only be able to shave a maximum of one year off your time as a landed immigrant. Thus, you'll still need a minimum of two full years' worth of days spent physically in Canada after landing before you can apply for citizenship. However, assuming you can tally up at least a full two years (730 days) of your student visa or work permit time during which you were physically in Canada (as opposed to foreign trips), you would still be able to subtract 365 days from your post-landing requirement, and thus become eligible to apply as soon as you had spent at least 730 days of physical presence in Canada as a landed immigrant.

    Bill C-16 has not yet become law -- and no one knows for sure exactly when (or even whether) it will become law -- but I would think it is safe to assume that it will eventually become law. Anyone who has not yet applied for citizenship by the time Bill C-16 comes into force will have to qualify under the new rules.


  6. Top
  7. Question on "3/4" Citizenship Act

    Q: "3 years of residence within the past 4 years"

    Exactly what does this statement mean? Does it mean that if once I have accumulated a total of 3 years (1095 days) of residence because say I stayed put in Canada and never physically left the country at any time, then at the end of this 3 year period I STILL HAVE TO WAIT ANOTHER YEAR before I can step up to the plate and attempt to acquire citizenship status?

    A: No. If you enter Canada as a landed immigrant, and you do not leave at all for three years, you can apply as soon as you completed those three years.

    The three years of residence within the past four years simply means that only time residing in Canada within the past four years can be counted. Time spent in Canada prior to four years ago cannot be counted. Under the current citizenship law, time spent as a landed immigrant counts fully, and time spent in Canada in any other status counts half.


Copyright © 2017 www.jiahwa.com. All rights reserved. Legal Notices
NOTICE: We collect personal information on this site.
To learn more about how we use your information, see our Privacy Policy