BREAKING NEWS Bill C-6 finally passed in HoC, Now reading in Senate

[satyasuman]

Seems a good plan..just have enough buffer days.

I am checking to see.. if my wife should wait until I qualify as well? Do we have to apply together?

Thanks,
Satya.

 

[foodie69]

I would apply together, yes.

 

[Saga]

Hi, What is intent to reside ? when some apply for citizenship , what is required ? Any forms for that ? or what needs to be done when some one apply for citizenship ?

Thanks
Teaspooooon

I am not sure but I think this refers to the period of processing your citizenship application that you should actually be residing in Canada and not leaving. This also partly applies to your whole life as the government would like to see you living in Canada after you are provided the citizenship and not just take it and leave. So by accepting the intent to reside in Canada, you are actually confirming that you will live in Canada as a citizen and not in another country.

Bill C-6 (if passed) will repeal this article form the law, although it is not clear if it will apply retroactively to the people who were provided citizenship based on bill C-24. Only the government can decide how the Bill will be applied once it receives royal ascent

 

[screech339]

Hi, What is intent to reside ? when some apply for citizenship , what is required ? Any forms for that ? or what needs to be done when some one apply for citizenship ?

Thanks
Teaspooooon

The intend to reside clause only applies to citizenship process. Once you become Canadian, it not longer applies to you.

 

[admontreal]

The intend to reside clause only applies to citizenship process. Once you become Canadian, it not longer applies to you.

Sorry screech339, if it had truly applied to citizenship process only, it would have been worded accordingly and more precisely. Now it specifically asks you if you intend to live in Canada or serve the Canadian Crown after if you obtain it.
Nothing prevents a zealous official to file for revocation of your citizenship when you get a job offer in Hong Kong they day after your ceremony (don't tell me that I am paranoid again, it happens in my field of work). The official would do that on the grounds that you misrepresented yourself when thicking the Intent to reside box. What would you do to deny that ? You have no hearing, no right to appeal, nothing ! Just a small white space where you can write 'No I didn't expect to have that job offer' within 60 days...
It's undefendable, Screech... C-24 is the most stupid and unfair law I have ever seen in this country after the Extradition law...

 

[Hitchhiker40]

The intend to reside clause only applies to citizenship process. Once you become Canadian, it not longer applies to you.

I completely disagree. How would you explain Question: 10 in the citizenship application form? It says "if granted citizenship"... means it applies after citizenship has been granted. See below.

10. INTENTION

I intend, if granted citizenship,

- to continue to reside in Canada;
- to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
- to reside with my spouse or common-law partner, or parent, who is a Canadian citizen or a permanent resident and is employed outside Cdanada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

 

[admontreal]

I completely disagree. How would you explain Question: 10 in the citizenship application form? It says "if granted citizenship"... means it applies after citizenship has been granted. See below.

10. INTENTION

I intend, if granted citizenship,

- to continue to reside in Canada;
- to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
- to reside with my spouse or common-law partner, or parent, who is a Canadian citizen or a permanent resident and is employed outside Cdanada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

Thank you my friend. Exactly the same paragraph I intended ;D to copy-paste.
If it was really aimed for the process, it would say for example:
I intend, until granted citizenship...

 

[foodie69]

I completely disagree. How would you explain Question: 10 in the citizenship application form? It says "if granted citizenship"... means it applies after citizenship has been granted. See below.

10. INTENTION

I intend, if granted citizenship,

- to continue to reside in Canada;
- to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
- to reside with my spouse or common-law partner, or parent, who is a Canadian citizen or a permanent resident and is employed outside Cdanada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

The only problem with that is that the Charter of Rights and Freedom guarantees Canadian citizens to move freely everywhere in this world

Section 6: protects the mobility rights of Canadian citizens which include the right to enter, remain in, and leave Canada.

https://en.wikipedia.org/wiki/Section_6_of_the_Canadian_Charter_of_Rights_and_Freedoms

 

[admontreal]

The only problem with that is that the Charter of Rights and Freedom guarantees Canadian citizens to move freely everywhere in this world

Section 6: protects the mobility rights of Canadian citizens which include the right to enter, remain in, and leave Canada.

https://en.wikipedia.org/wiki/Section_6_of_the_Canadian_Charter_of_Rights_and_Freedoms

True. After they becam citizens. But your intention to reside BEFORE becoming a citizen will always be questionable and subject to misrepresentation claims, thus making your citizenship subject to revocation.

 

[Smileyyael]

So with the current Bill right now since my husband has been deported permanently. I will not be approved for citizenship s ince my intent to reside here will be in question?

 

[Saga]

So with the current Bill right now since my husband has been deported permanently. I will not be approved for citizenship s ince my intent to reside here will be in question?

This is a tricky situation and I highly suggest you appoint a legal representative to represent you. Technically, if bill C-6 does not pass, you have to reside in Canada after you get your citizenship since you would have confirmed under the law (when you apply for citizenship and tick that box) that you intend to reside in the country. Bill C-24 does not offer any interpretation on compassionate grounds or any other grounds. So to be free from all this, bill C-6 needs to pass or at least have the intent to reside article repealed (which I presume cannot be repealed on its own, it will be either the whole bill or nothing)

But yet again, since your husband has been deported, this falls as a very tricky situation and only a qualified lawyer can truly interpret the current law

 

[Natan]

What did your spouse do to be deported permanently that you think it'll affect you in any way?

If they move to join their husband subsequent to becoming a citizen, Government might assert that the applicant committed an act of misrepresentation because it was always their intent to join their husband abroad. In such a case, how would the applicant prove to Government's satisfaction that they intended to continue to reside in Canada?

To be clear, Government would not be infringing upon the citizen's mobility rights, but Government might use the exercise of those mobility rights as evidence of applicant's prior intent.

 

[admontreal]

I was asking what did the husband did and not the wife.

I think that what the husband did shouldn't be the point ... But rather how serious his deportation order is...
And obviously, for privacy reasons, this question shouldn't be asked.

 

[capt_ahmed]

I completely disagree. How would you explain Question: 10 in the citizenship application form? It says "if granted citizenship"... means it applies after citizenship has been granted. See below.

10. INTENTION

I intend, if granted citizenship,

- to continue to reside in Canada;
- to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
- to reside with my spouse or common-law partner, or parent, who is a Canadian citizen or a permanent resident and is employed outside Cdanada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

IRCC provided its interpretation of the intent to reside and how they assess the applications. From reading this policy, I feel that IRCC is not willing to enforce this clause by any means. Here is a link to IRCC policy:
http://www.cic.gc.ca/english/resources/tools/cit/grant/residence/intention.asp

 

[Saga]

IRCC provided its interpretation of the intent to reside and how they assess the applications. From reading this policy, I feel that IRCC is not willing to enforce this clause by any means. Here is a link to IRCC policy:
http://www.cic.gc.ca/english/resources/tools/cit/grant/residence/intention.asp

I think you are actually right. Reading what is specifically mentioned on the link and I quote:

"Applicants must hold this intention to reside if granted citizenship from the time they sign their application to the time they take the Oath. The intent to reside is required to obtain citizenship but no longer applies once citizenship is granted. Once citizenship is granted, a citizen has the right to enter, remain in, and leave Canada as guaranteed by the Charter."

Further proves that one should not be leaving the country while his/her citizenship application is being reviewed. They need to show intent by residing in Canada for the duration of the processing which I think might take up to a year (or so mentioned on IRCC's website).
But one should be very aware of the law and how it is interpreted as I have known a lot of Canadians who lived in the Gulf countries (especially Dubai) who have been heavily questioned and investigated on their intents of holding the Canadian citizenship after entering the country or renewing their Canadian passport after long periods of residence outside of Canada (even under the old immigration and citizenship laws). In other words, it is highly recommended that you don't take anything for granted and don't assume that because it is mentioned as such on teh IRCC website that you will not be questioned and investigated on your intentions in the future.