C-24 Retro-activity and Applicability

[Yasiin]

Hi Members,

I would like to start this discussion as to whether the C-24 if passed will be applied retroactively to permanent residents who have either already applied for citizenship or still have the permanent resident status under the current law.

I have read many discussions and articles on this issue and it seems that some are saying it will be applied retroactively and some are not. It is very confusing.

Your thought and expertness on the issue will be appreciated. It would be good if you provide reference supporting your facts or opinion.

Yasiin

 

[12om3]

Hi Members,

I would like to start this discussion as to whether the C-24 if passed will be applied retroactively to permanent residents who have either already applied for citizenship or still have the permanent resident status under the current law.

I have read many discussions and articles on this issue and it seems that some are saying it will be applied retroactively and some are not. It is very confusing.

Your thought and expertness on the issue will be appreciated. It would be good if you provide reference supporting your facts or opinion.

Yasiin

For those who have already applied .. I don't think it will apply .. remember that most of those applied cases have already been transferred to their associated local office, it is unlikely that they will manage to call all these applications back from their local offices, logistically it is difficult and time consuming !

 

[Yasiin]

What about the current PRs who have yet to accumulate the 1095 days? Will they apply under the current citizenship law or the revised one if passed. Remember, when I have received my COPR, I was informed by both the CIC and CBSA that I could apply for citizenship after 3 yrs. Should I still be applying regardless?

 

[12om3]

What about the current PRs who have yet to accumulate the 1095 days? Will they apply under the current citizenship law or the revised one if passed. Remember, when I have received my COPR, I was informed by both the CIC and CBSA that I could apply for citizenship after 3 yrs. Should I still be applying regardless?

Most people believe (which make sense) that once the bill become a law, it will apply to everyone who is yet to apply for citizenship whether a PR or someone expecting PR. When you received the COPR you were correctly informed by CIC and CBSA by the law effective at the time you received it. Once the bill becomes a law, all PR are treated under the new law.

 

[Skakeholder]

I fully agree with 12om3.

 

[Yasiin]

Most people believe (which make sense) that once the bill become a law, it will apply to everyone who is yet to apply for citizenship whether a PR or someone expecting PR. When you received the COPR you were correctly informed by CIC and CBSA by the law effective at the time you received it. Once the bill becomes a law, all PR are treated under the new law.

I have read the following article written by Lawyer David,the owner of this website. He specifically said the law will not be applied retroactively to anyone who has applied for citizenship or has achieved the Canadian permanent resident status. He is an immigration lawyer and knows what he is talking about, but yet again there are others who said otherwise. Here is the article.

Canada Immigration Blogs by Attorney David Cohen

Strengthening Canadian Citizenship?
April 2nd, 2014
As noted in my most recent blog, the Canadian government is proposing to amend the current Citizenship Act in a way that will fundamentally transform the meaning, scope and processing of Canadian citizenship. The Strengthening Canadian Citizenship Act (C-24) is the first major overhaul of citizenship legislation in Canada in 37 years.

Some of the important changes include:

- The requirement to be physically present in Canada for 183 days per year in at least four of the six years preceding the submission of a citizenship application

- The requirement for naturalized citizens to intend to reside in Canada. The current law carries no such residency obligation.
- The requirement to submit proof of income tax filings, if required to do so under the Income Tax Act.

- The requirement for applicants aged 14 to 64 to demonstrate proficiency in at least one of Canada’s two official languages.

- The possibility of revoking Canadian citizenship from dual citizens, who were members of an armed conflict with Canada or from Canadians who are convicted of terrorism, treason, or spying offences, depending on the sentence received.

- The proposed legislation covers a lot of ground and is complicated. It is in need of clarity and many of its sections will likely face court challenges such that final interpretation is years away.

In my opinion, at least two aspects of the new law ought to be reconsidered. The first concerns the notion that naturalized citizens must have the intent to reside in Canada at the time they apply for citizenship. The implication is that Canadians born in Canada are free to travel and reside wherever they wish, whereas naturalized Canadians risk revocation of citizenship status for misrepresentation in the event they live abroad after gaining Canadian citizenship. Aside from contravening mobility rights guaranteed by our Charter of Rights and Freedoms, it establishes two classes of Canadian citizenship. That is not a good thing.

My second bone of contention has to do with the non-recognition of time spent in Canada prior to becoming a permanent resident . This change is particularly unfair to foreign workers and students, who became permanent residents in recent years but do not yet qualify for citizenship. Their journey to becoming fully Canadian will be considerably longer. These individuals have been paying their dues. They have worked hard on temporary work permits and study permits to prove their value to Canada before they earned permanent residence. They have formed ties in Canada, socialized and paid taxes. To remove the credit for time spent in Canada before becoming a permanent resident is wrong. At the very least, the new law should not be applied retroactively to anyone who has already applied for or achieved the status of a Canadian permanent [/font]resident.

This is not to say that there are no positive aspects to the proposed legislation. The government has stated that the changes will bring the average processing time for citizenship applications down to under a year. As well, citizenship will be restored to individuals who had lost it or never received it due to outdated legislation. These “lost Canadians”, though few in number, will benefit from the new law.

Time will tell whether the Strengthening Canadian Citizenship Act lives up to its name.

 

[zardoz]

I have read the following article written by Lawyer David,the owner of this website. He specifically said the law will not be applied retroactively to anyone who has applied for citizenship or has achieved the Canadian permanent resident status. He is an immigration lawyer and knows what he is talking about, but yet again there are others who said otherwise. Here is the article.

Canada Immigration Blogs by Attorney David Cohen

Strengthening Canadian Citizenship?
April 2nd, 2014
As noted in my most recent blog, the Canadian government is proposing to amend the current Citizenship Act in a way that will fundamentally transform the meaning, scope and processing of Canadian citizenship. The Strengthening Canadian Citizenship Act (C-24) is the first major overhaul of citizenship legislation in Canada in 37 years.

Some of the important changes include:

- The requirement to be physically present in Canada for 183 days per year in at least four of the six years preceding the submission of a citizenship application

- The requirement for naturalized citizens to intend to reside in Canada. The current law carries no such residency obligation.
- The requirement to submit proof of income tax filings, if required to do so under the Income Tax Act.

- The requirement for applicants aged 14 to 64 to demonstrate proficiency in at least one of Canada's two official languages.

- The possibility of revoking Canadian citizenship from dual citizens, who were members of an armed conflict with Canada or from Canadians who are convicted of terrorism, treason, or spying offences, depending on the sentence received.

- The proposed legislation covers a lot of ground and is complicated. It is in need of clarity and many of its sections will likely face court challenges such that final interpretation is years away.

In my opinion, at least two aspects of the new law ought to be reconsidered. The first concerns the notion that naturalized citizens must have the intent to reside in Canada at the time they apply for citizenship. The implication is that Canadians born in Canada are free to travel and reside wherever they wish, whereas naturalized Canadians risk revocation of citizenship status for misrepresentation in the event they live abroad after gaining Canadian citizenship. Aside from contravening mobility rights guaranteed by our Charter of Rights and Freedoms, it establishes two classes of Canadian citizenship. That is not a good thing.

My second bone of contention has to do with the non-recognition of time spent in Canada prior to becoming a permanent resident . This change is particularly unfair to foreign workers and students, who became permanent residents in recent years but do not yet qualify for citizenship. Their journey to becoming fully Canadian will be considerably longer. These individuals have been paying their dues. They have worked hard on temporary work permits and study permits to prove their value to Canada before they earned permanent residence. They have formed ties in Canada, socialized and paid taxes. To remove the credit for time spent in Canada before becoming a permanent resident is wrong. At the very least, the new law should not be applied retroactively to anyone who has already applied for or achieved the status of a Canadian permanent [/font]resident.

This is not to say that there are no positive aspects to the proposed legislation. The government has stated that the changes will bring the average processing time for citizenship applications down to under a year. As well, citizenship will be restored to individuals who had lost it or never received it due to outdated legislation. These “lost Canadians”, though few in number, will benefit from the new law.

Time will tell whether the Strengthening Canadian Citizenship Act lives up to its name.

Could you please point out where he says "the law will not be applied retroactively to anyone who has applied for citizenship or has achieved the Canadian permanent resident status"?

 

[Yasiin]

Hi Zardos,

Here is a copy of the paragraph of the article. If you read the article carefully, you would find it at the last three paragraph of it.

My second bone of contention has to do with the non-recognition of time spent in Canada prior to becoming a permanent resident . This change is particularly unfair to foreign workers and students, who became permanent residents in recent years but do not yet qualify for citizenship. Their journey to becoming fully Canadian will be considerably longer. These individuals have been paying their dues. They have worked hard on temporary work permits and study permits to prove their value to Canada before they earned permanent residence. They have formed ties in Canada, socialized and paid taxes. To remove the credit for time spent in Canada before becoming a permanent resident is wrong. At the very least, the new law should not be applied retroactively to anyone who has already applied for or achieved the status of a Canadian permanent resident.

 

[zardoz]

Hi Zardos,

Here is a copy of the paragraph of the article. If you read the article carefully, you would find it at the last three paragraph of it.

My second bone of contention has to do with the non-recognition of time spent in Canada prior to becoming a permanent resident . This change is particularly unfair to foreign workers and students, who became permanent residents in recent years but do not yet qualify for citizenship. Their journey to becoming fully Canadian will be considerably longer. These individuals have been paying their dues. They have worked hard on temporary work permits and study permits to prove their value to Canada before they earned permanent residence. They have formed ties in Canada, socialized and paid taxes. To remove the credit for time spent in Canada before becoming a permanent resident is wrong. At the very least, the new law should not be applied retroactively to anyone who has already applied for or achieved the status of a Canadian permanent resident.

Exactly. He said "should not", which is his personal wish; not "will not", which is a statement of fact.

 

[tormenta]

It's a convoluted piece of legislation, but the answer should be in the transitional provisions section, particularly this part:

31. (1) Subject to subsections (2) and (3), an application that was made under subsection 5(1), (2), or (5), 5.1(1), (2) or (3), 9(1) or 11(1) of the Citizenship Act before the day on which subsection 3(7) comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accord­ance with
(a) the provisions of that Act — except section 3, subsection 5(4), sections 5.1 and 14 and paragraph 22(1)(f) — as they read immediately before that day; and
(b) the following provisions of that Act as they read on that day:
(i) section 3,
(ii) paragraph 5(2)(b) and subsection 5(4),
(iii) section 5.1 other than paragraph (1)(c.1),
(iv) sections 13.1 to 14, and
(v) paragraphs 22(1)(a.1), (a.2), (b.1), (e.1), (e.2) and (f) and subsections 22(1.1), (3) and (4).
(2) On the day on which section 11 comes into force, the reference to subsection 3(7) in subsection (1) is replaced by a reference to that section 11.
Paragraphs 5(1)(c) and 11(1)(d)
(3) On the day on which subsection 2(2) comes into force
(a) the reference to section 11 in subsection (1) is replaced by a reference to that subsection 2(2); and
(b) the requirement described in paragraph 5(1)(c) or 11(1)(d) of that Act, as enacted by subsections 3(1) and 9(2), respectively, that a person have no unfulfilled conditions relating to their status as a permanent resident, applies to an application referred to in subsection (1).

 

[scylla]

I have read the following article written by Lawyer David,the owner of this website. He specifically said the law will not be applied retroactively to anyone who has applied for citizenship or has achieved the Canadian permanent resident status. He is an immigration lawyer and knows what he is talking about, but yet again there are others who said otherwise. Here is the article.

You've misunderstood the article completely. He's saying that he doesn't think the law should be applied retroactively to anyone who is currently a PR or who has applied to become a PR - meaning the retroactive rule is one of the rules in the proposed laws that he believes should be changed. So the new law is in fact retroactive and will impact anyone who hasn't yet applied for citizenship when the law is passed.

 

[Yasiin]

You've misunderstood the article completely. He's saying that he doesn't think the law should be applied retroactively to anyone who is currently a PR or who has applied to become a PR - meaning the retroactive rule is one of the rules in the proposed laws that he believes should be changed. So the new law is in fact retroactive and will impact anyone who hasn't yet applied for citizenship when the law is passed.

I got what you mean, but why did he say it should not be applied retroactively to current PR holder if the bill says it is retroactive? He must have had his own professional judgement on this, right.

 

[scylla]

I got what you mean, but why did he say it should not be applied retroactively to current PR holder if the bill says it is retroactive? He must have had his own professional judgement on this, right.

I don't understand where the confusion is. This is an opinion piece. An opinion piece is when you comment on something and say how you think it should be vs. how it is in reality. He is saying that IN HIS OPINION "at least two aspects of the new law ought to be reconsidered". He is criticizing the proposed law and commenting what he things should be changed about it.

 

[12om3]

I have read the following article written by Lawyer David,the owner of this website. He specifically said the law will not be applied retroactively to anyone who has applied for citizenship or has achieved the Canadian permanent resident status. He is an immigration lawyer and knows what he is talking about, but yet again there are others who said otherwise. Here is the article.

Canada Immigration Blogs by Attorney David Cohen

Strengthening Canadian Citizenship?
April 2nd, 2014
As noted in my most recent blog, the Canadian government is proposing to amend the current Citizenship Act in a way that will fundamentally transform the meaning, scope and processing of Canadian citizenship. The Strengthening Canadian Citizenship Act (C-24) is the first major overhaul of citizenship legislation in Canada in 37 years.

Some of the important changes include:

- The requirement to be physically present in Canada for 183 days per year in at least four of the six years preceding the submission of a citizenship application

- The requirement for naturalized citizens to intend to reside in Canada. The current law carries no such residency obligation.
- The requirement to submit proof of income tax filings, if required to do so under the Income Tax Act.

- The requirement for applicants aged 14 to 64 to demonstrate proficiency in at least one of Canada's two official languages.

- The possibility of revoking Canadian citizenship from dual citizens, who were members of an armed conflict with Canada or from Canadians who are convicted of terrorism, treason, or spying offences, depending on the sentence received.

- The proposed legislation covers a lot of ground and is complicated. It is in need of clarity and many of its sections will likely face court challenges such that final interpretation is years away.

In my opinion, at least two aspects of the new law ought to be reconsidered. The first concerns the notion that naturalized citizens must have the intent to reside in Canada at the time they apply for citizenship. The implication is that Canadians born in Canada are free to travel and reside wherever they wish, whereas naturalized Canadians risk revocation of citizenship status for misrepresentation in the event they live abroad after gaining Canadian citizenship. Aside from contravening mobility rights guaranteed by our Charter of Rights and Freedoms, it establishes two classes of Canadian citizenship. That is not a good thing.

My second bone of contention has to do with the non-recognition of time spent in Canada prior to becoming a permanent resident . This change is particularly unfair to foreign workers and students, who became permanent residents in recent years but do not yet qualify for citizenship. Their journey to becoming fully Canadian will be considerably longer. These individuals have been paying their dues. They have worked hard on temporary work permits and study permits to prove their value to Canada before they earned permanent residence. They have formed ties in Canada, socialized and paid taxes. To remove the credit for time spent in Canada before becoming a permanent resident is wrong. At the very least, the new law should not be applied retroactively to anyone who has already applied for or achieved the status of a Canadian permanent [/font]resident.

This is not to say that there are no positive aspects to the proposed legislation. The government has stated that the changes will bring the average processing time for citizenship applications down to under a year. As well, citizenship will be restored to individuals who had lost it or never received it due to outdated legislation. These “lost Canadians”, though few in number, will benefit from the new law.

Time will tell whether the Strengthening Canadian Citizenship Act lives up to its name.

He is a lawyer expressing his thought only just like what we did. Again, time will come and we will all know once the bill becomes a law and applied.

I'm waiting to write my Citizenship exam end of this month. So excited anyways ^_^

 

[Yasiin]

He is a lawyer expressing his thought only just like what we did. Again, time will come and we will all know once the bill becomes a law and applied.

I'm waiting to write my Citizenship exam end of this month. So excited anyways ^_^

Good luck man.