Effective date of Bill C24

[ZingyDNA]

You can do this so long as you accepted the job offer AFTER you gotten citizenship. If you accepted job offer before you gotten citizenship, then you are in a grey area since you did not "intend" to reside during the citizenship process.

What if he applies for a job in the US before oath and accepted the offer after oath? I think the intent to reside clause enables the government to go after him?

 

[screech339]

What if he applies for a job in the US before oath and accepted the offer after oath? I think the intent to reside clause enables the government to go after him?

Even though one can search for jobs in US violating the "intent to reside" during processing, technically he/she is STILL residing in Canada. So as long as he/she accepted job offer after oath, there is nothing CIC can do about it.

 

[neutral]

Even though one can search for jobs in US violating the "intent to reside" during processing, technically he/she is STILL residing in Canada. So as long as he/she accepted job offer after oath, there is nothing CIC can do about it.

Searching for a job is different than applying for a job. Someone applying for a job abroad is clearly not intending to reside in Canada.

Having said that, there is no way how Canada could have access to that information unless he tells CIC.

 

[dpenabill]

. . . or a disgruntled ex-girlfriend . . . or a competitive and vindictive co-worker . . . or CIC stumbles across information, such as via linkedin or google, leading CIC to pursue further inquiry and . . .

Never a good idea to rely on the idea that CIC is not going to find out something.

All that said, so far the updated Program Delivery Instructions do not indicate assessing the applicant's intent to reside in depth.

There is a widespread tendency to overstate and overthink the "intent" requirement.

In contrast, there are certain facts or circumstances which will clearly conflict with, if not overtly contradict, an intent to continue to reside in Canada. Living and working abroad while the application is pending, for example, is not only the most obvious one but also the dominant target of this requirement. Acquiring a Green Card is another. This too has been a highlighted target.

That said, begin a job search abroad before taking the oath at one's peril.

Remember, the burden of proof is on the applicant. All those who vociferously insist that "intent" is difficult if not impossible to prove, might want to ponder what that means . . . since, again, it is the applicant who has to prove meeting the requirements, including the intent requirement.

Remember: saying so don't make it so.

And CIC has no obligation to prove the applicant lacks the proper, necessary intent. All CIC has to do is reasonably infer a failure to affirmatively prove intent based on facts and circumstances. That's a low bar.

I highly doubt CIC will exploit this requirement in a draconian fashion. But for any applicant CIC perceives to have plans to take the oath on the way to the airport, the writing is on the wall.

This does not go to a Citizenship Judge. This is for a Citizenship Officer to decide. For those refused by the Citizenship Officer, there is still the chance to make an application to the Federal Court seeking leave to appeal. For what that is worth.

 

[neutral]

I agree with you. However, I meant once you're Canadian.

During your Citizenship process of course ...... but a naturalized Canadian (with the new law) who is working abroad.... The burden of proof is to Canada to prove that he applied for the job when he was applying for citizenship.

 

[dpenabill]

The OFFICIAL version of the Citizenship Act finally, as of today, includes all the amendments and additions prescribed by the SCCA.

See the pdf version of the Citizenship Act at the Justice Laws Website. This is (or should be, I have not screened for inconsistencies) the same as the HTML version of the Citizenship Act at the Justice Laws Website.

So now there is no need to bounce back and forth between different sources to fully see the changes made to the Citizenship Act by the SCCA (or "Bill C-24" as many refer to it).

Note: there are provisions in the SCCA which are now in effect but which are not included in the Citizenship Act itself, sections 31 through section 40 of the SCCA in particular, the transitional provisions, such as section 31 of the SCCA which prescribes how certain provisions are to be applied relative to the date an application was made.

Thus, for some analysis, some bouncing back and forth between the current version and the previous version, in conjunction with reference to the "related provisions," will still be necessary.



Noting a Key Difference Relative to Grant Citizenship Applications:

Among the most notable differences is that while the changes in requirements for grant citizenship do not affect any applicant whose application was received and accepted (that is, was complete) by June 10, 2015, the changes to Prohibitions do apply to ALL grant citizenship applicants without regard to the date the application was made. Thus, for all those who have an application in process now, they will have to sign the new Prohibitions form, which now:

-- goes back four years, not three

-- includes any offences abroad that would constitute an indictable offence in Canada if committed in Canada

It is not certain, but for those applicants whose residency calculation reflects more than a total of 183 days abroad within the previous four years (probably excluding time prior to coming to Canada before landing as a PR), this is likely (I think) to entail further security/criminality screening abroad and perhaps additional delay as a result (notwithstanding the promise to clear the entire backlog within the coming year).

 

[bigC]

Is there a provision in this new law to deport naturalized Canadians? Because it appears to be happening to a friend of mine.

 

[paw339]

Is there a provision in this new law to deport naturalized Canadians? Because it appears to be happening to a friend of mine.

What reason are they giving for deporting him/her?

 

[screech339]

Is there a provision in this new law to deport naturalized Canadians? Because it appears to be happening to a friend of mine.

If your friend has dual citizenship and obtained Canadian citizenship through fraud, or has been convicted of treason or terrorism, then there stand to reason that your friend may be deported.

Otherwise, there is no reason for Canada to deport dual Canadians.

 

[canuck_in_uk]

Is there a provision in this new law to deport naturalized Canadians? Because it appears to be happening to a friend of mine.

If CIC has determined that someone obtained PR and/or citizenship by misrepresentation, then that status can be revoked and the person deported.

 

[zardoz]

If CIC has determined that someone obtained PR and/or citizenship by misrepresentation, then that status can be revoked and the person deported.

Note. This applies even if that person has renounced their previous citizenship. CIC has the stance that a naturalisation through fraud never took effect, rather than being revoked.

 

[neutral]

Note. This applies even if that person has renounced their previous citizenship. CIC has the stance that a naturalisation through fraud never took effect, rather than being revoked.

No, that's not possible if the only Citizenship he has is the Canadian. He can't be deported.

 

[dpenabill]

If CIC has determined that someone obtained PR and/or citizenship by misrepresentation, then that status can be revoked and the person deported.

Note. This applies even if that person has renounced their previous citizenship. CIC has the stance that a naturalisation through fraud never took effect, rather than being revoked.

No, that's not possible if the only Citizenship he has is the Canadian. He can't be deported.

neutral: you appear to have confused revocation of citizenship with deportation. They are different processes.

Canada is a signatory to international agreements to avoid rendering persons stateless. These agreements specifically allow for the revocation of citizenship obtained by fraud (misrepresentation and so on), even if the individual has no other citizenship. And that is how it works in Canada.

Thus, yes, as zardoz observed, revocation of Canadian citizenship for fraud can take place even if the affected individual has renounced all other or previous citizenship.

That does not necessarily mean the individual can be deported. There are other Canadian laws, and also international agreements to which Canada is bound, which can restrict deportation. H&C considerations, for example, can influence whether a person can be deported, but will not affect whether the individual's citizenship is revoked. There are, for example, currently at least a couple individuals in Canada whose citizenship and other status in Canada has been stripped but Canada has yet to establish a proper destination for deporting them, so they remain in Canada despite not having status in Canada.

Moreover, if the fraud was in the process of applying for citizenship (rather than fraud in obtaining PR status), revocation of citizenship returns the individual to PR status. (Prior to recent changes, any revocation of citizenship returned the affected individual to PR status, if they were a PR.)

 

[sjakub]

These agreements specifically allow for the revocation of citizenship obtained by fraud (misrepresentation and so on), even if the individual has no other citizenship. And that is how it works in Canada.

What about the recent changes?

Isn't it sufficient for a person to be merely eligible for another citizenship (by, for example, descent), even without technically having it,
to have their Canadian citizenship taken away in specific conditions (like terrorism) - even when there was no fraud when they obtained their Canadian citizenship?

 

[emamabd]

Note. This applies even if that person has renounced their previous citizenship. CIC has the stance that a naturalisation through fraud never took effect, rather than being revoked.

so if that person only had a canadian citizenship, to which country will they deport him? and will that country even accept him since he will have no status there.