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Citizenship - Continued residency

immipak

Full Member
Jul 20, 2017
25
3
This question might have been addressed under some other thread (not sure) but I am severely confused on the continued residency requirement for Canadian Citizens that became citizens during this year. Under the current law (pre C6) a Citizen is required to continue to live in Canada. However if a job opportunity outside Canada come his / her way and would like to pursue it say in US, what would the law say?.

I understand that per bill C6 this is not a requirement (was repelled) but what about individuals who became citizen under the old law?.
 

vancouverbc2013

Hero Member
Sep 20, 2013
302
169
This question might have been addressed under some other thread (not sure) but I am severely confused on the continued residency requirement for Canadian Citizens that became citizens during this year. Under the current law (pre C6) a Citizen is required to continue to live in Canada. However if a job opportunity outside Canada come his / her way and would like to pursue it say in US, what would the law say?.

I understand that per bill C6 this is not a requirement (was repelled) but what about individuals who became citizen under the old law?.
It got nullified for everyone :) even if you signed it's no longer a law.
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,182
Moreover, there never was any requirement for citizens to continue living in Canada.

There was nothing in the previous law which in any way restricted a Canadian citizen's right to live or work abroad.

While there was some confusion about the force and effect of the old law (repealed as of June 19, 2017) which required citizenship applicants (no application to anyone after they became a citizen) to have an intent to continue residing in Canada, there really was never any doubt. That requirement never applied to anyone once they became a citizen. Period.

Additionally, the repeal of former subsection 5.(1)(c.1) in the Citizenship Act (the so-called intent requirement) specifically provides that now it is as if there never was any such provision.

Thus, while persons who applied for citizenship between June 11, 2015 and June 19, 2017 needed to verify their intent in the application (this was item 10, as I recall, in the previous version of the citizenship application), it is now as if that was not a part of their application.
 

links18

Champion Member
Feb 1, 2006
2,009
129
Thus, while persons who applied for citizenship between June 11, 2015 and June 19, 2017 needed to verify their intent in the application (this was item 10, as I recall, in the previous version of the citizenship application), it is now as if that was not a part of their application.
So one can't be found to have committed misrepresentation about something that never existed, even if they did in fact commit misrepresentation when it existed? That sounds like a conundrum from a Sci Fi time travel movie....
 

links18

Champion Member
Feb 1, 2006
2,009
129
This question might have been addressed under some other thread (not sure) but I am severely confused on the continued residency requirement for Canadian Citizens that became citizens during this year. Under the current law (pre C6) a Citizen is required to continue to live in Canada. However if a job opportunity outside Canada come his / her way and would like to pursue it say in US, what would the law say?.

I understand that per bill C6 this is not a requirement (was repelled) but what about individuals who became citizen under the old law?.
Where did you get the idea that there was a requirement for naturalized Canadians to reside in Canada? Its amazing how this mythology proliferated and apparently still continues. But maybe this is what the intent of the law was in the first place?
 

immipak

Full Member
Jul 20, 2017
25
3
It was the law i believe pre C6. Infact at the interview they ask as well besides our signatures on the application that we intend to reside in Canada.
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,182
It was the law i believe pre C6. Infact at the interview they ask as well besides our signatures on the application that we intend to reside in Canada.
That law, the intent-requirement, required the applicant to have an intent to continue residing in Canada, in order to be eligible for a grant of citizenship.

Never had any application to anyone once they actually became a citizen.

As links18 alluded, I suspect there was, indeed, an element of deliberate intimidation lurking in the motive driving Harper/Kenney/Alexander to incorporate the intent requirement. But mostly it was aimed at those perceived to be applying-on-the-way-to-the-airport and thus thought to be seeking-a-passport-of-convenience, in regards to who the Conservatives seemed possessed by a compulsive paranoia. Beyond that, some overly zealous activist lawyers fueled confusion and misunderstanding, including the vastly exaggerated specter of potential misrepresentation allegations arising from moving abroad after becoming a citizen.