What happens to people who have signed Intent to reside after new law is applied

[Billy2016]

Helo everyone,
Please I have a question regarding the current citizenship law requirement "intent to reside in canada" . What will happen in the future for those who have signed this document of intent to reside in canada as part of their application for citizenship in the current law. What will happen when the new law is implemented?
Will this document be canceled automaticaly or may be the new law will include a clause to cancel those documents OR those documents will continue to be valid as legal documents only for those people who signed this document ?

 

[foodie69]

I did not understand a word you wrote..

 

[znaty]

For your kind information

I have talked with CIC

and Lawyers

they have said

the people who applied under bill c24

will forever remain in the C24 clause which is intend to reside

Even if the new law passes this people will be stuck under this law C24 obligations

which means if u r away with Canadian passport for years and years

they might cancel the citizenship with that clause intend to reside

don't you see friend

nowadays the processing time under C24 is so fast

when people applies under this law they get passport very fast

but the real fact is they don't get the point they might get the citizenship stripped off if living abroad for a long time


Cause you never know when the Conservatives(Tories) come into power

The main thing is Canada wants immigrants to stay in Canada

but the people mostly the immigrants take the passport and go

Canada doesn't like that

my point is

when Canada gives immigration they should straight away say that

Immigration and passport will be given to those who stay in Canada forever

and those who doesn't want to stay in canada shouldn't take immigration

it should be clearly stated

anyways bye now friend

It's not matter of your intention to stay or to leave with a new passport . It's a matter of fairness and equity between all Canadians . It doesn't make any sense or fair that you allow a Canadian to work approad if he or she didn't find a suitable job in Canada , while you prevent another Canadian from the same right to freely travel and work because his place of birth . Canadian is Canadian Is Canadain . In addition to the fact this clause is against the charter , how you prove the intention ? Yes he intended by the time of application but the intention changed because of any reason ? Also please define ( long time ) ?! Does 3 years approad and he is paying taxes for his income outside Canada is considered long time ? Or 5 ? Or 10 ?! The current bill didn't define that or even didn't define the time period .. Again it is the concept of freedom and equity, rather than the intention. And I don't think that this clause can be applied anyway , from the practical point of view

 

[ajithpl]

The intent to reside factor ends when the Oath of Citizenship is taken. It is applicable only for the period the applicant signs the form till the oath us taken (becomes Canadian citizenship).
Once you become a Canadian citizen, the charter of freedom allows citizens to stay, leave or work anywhere.
Stripping of citizenship is a totally different topic for terrorist activities.

 

[znaty]

The intent to reside factor ends when the Oath of Citizenship is taken. It is applicable only for the period the applicant signs the form till the oath us taken (becomes Canadian citizenship).
Once you become a Canadian citizen, the charter of freedom allows citizens to stay, leave or work anywhere.
Stripping of citizenship is a totally different topic for terrorist activities.

This makes complete sense, thank you for the clarification

 

[screech339]

For your kind information

I have talked with CIC

and Lawyers

they have said

the people who applied under bill c24

will forever remain in the C24 clause which is intend to reside

Even if the new law passes this people will be stuck under this law C24 obligations

which means if u r away with Canadian passport for years and years

they might cancel the citizenship with that clause intend to reside

don't you see friend

nowadays the processing time under C24 is so fast

when people applies under this law they get passport very fast

but the real fact is they don't get the point they might get the citizenship stripped off if living abroad for a long time


Cause you never know when the Conservatives(Tories) come into power

The main thing is Canada wants immigrants to stay in Canada

but the people mostly the immigrants take the passport and go

Canada doesn't like that

my point is

when Canada gives immigration they should straight away say that

Immigration and passport will be given to those who stay in Canada forever

and those who doesn't want to stay in canada shouldn't take immigration

it should be clearly stated

anyways bye now friend

That is not true. If you look at the law closely, you will see that "intend to reside" only applies to PR. Once you are Canadian, you are no longer PR. Thus "intend to reside" no longer applies since they are Canadians, not PR.

 

[dpenabill]

Observation: if Bill C-6 is adopted in its current form, not only will the intent to reside provision be removed, it will be as if there never was an intent to reside provision.

Thus, for example, for those who have applied since June 11, 2015 and who thus checked off, in the application, that they had the intent to continue to reside in Canada, once the new law takes effect it will be as if that was not part of the application . . . even though their application is still in process and other parts of the Bill C-24 requirements (like the 4/6 rule) will still apply.

But I would not confuse the prospect it will no longer be an element in the requirements with the impression made by, for example, living abroad while the application is pending. Inconsistencies are still inconsistencies, and this would obviously risk a negative perception, at least as to credibility.

 

[Billy2016]

Observation: if Bill C-6 is adopted in its current form, not only will the intent to reside provision be removed, it will be as if there never was an intent to reside provision.

Thus, for example, for those who have applied since June 11, 2015 and who thus checked off, in the application, that they had the intent to continue to reside in Canada, once the new law takes effect it will be as if that was not part of the application . . . even though their application is still in process and other parts of the Bill C-24 requirements (like the 4/6 rule) will still apply.

But I would not confuse the prospect it will no longer be an element in the requirements with the impression made by, for example, living abroad while the application is pending. Inconsistencies are still inconsistencies, and this would obviously risk a negative perception, at least as to credibility.

Thanks for your reply and to everyone else's,
I wish this is true, but I believe it is not,
What I understood from lawyers is that those who have signed the intent to reside should fufill this requirment in the future because they agreed on this requirement at the time of application and according to that they were granted citizenship . The application form clearly indicates that if they refuse to sign the intention they will not proccess their application.
Unless there will be a clear indication in C-6 that all the consequences resulted from C-24 is cancelled, the signature on the intent to reside will not disapear by itself.
Please inform us if you have more details about C-6 regarding this point specifically.

 

[Billy2016]

The intent to reside factor ends when the Oath of Citizenship is taken. It is applicable only for the period the applicant signs the form till the oath us taken (becomes Canadian citizenship).
Once you become a Canadian citizen, the charter of freedom allows citizens to stay, leave or work anywhere.
Stripping of citizenship is a totally different topic for terrorist activities.

Thanks for your reply,
I belive this is not true,
If you check the application form page 7, point #10 , it indicate clearly that " I intend, if granted citizenship, to continue to reside in canada"
This means that the intention starts after the grant of citizenship and for indefinite time.
And also indicates clearly that if you do not sign this point you will not be granted citizenship because it is a requirement of the grant of citizenship, thus if in the future you fail to fulfill this requirment they may revoke your citizenship accordingly.

 

[links18]

Thanks for your reply,
I belive this is not true,
If you check the application form page 7, point #10 , it indicate clearly that " I intend, if granted citizenship, to continue to reside in canada"
This means that the intention starts after the grant of citizenship and for indefinite time.
And also indicates clearly that if you do not sign this point you will not be granted citizenship because it is a requirement of the grant of citizenship, thus if in the future you fail to fulfill this requirment they may revoke your citizenship accordingly.

Once you become a Canadian citizen, you have full mobility rights. Therefore, you no longer have to have an intent to reside in Canada and you do not have to, in fact, reside in Canada. There is some debate as to whether or not moving abroad shortly after becoming a citizen is evidence of having NOT had the requisite intent during the application period and therefore possibly having your citizenship revoked for misrepresentation. However, the chances of this coming to pass are very low--especially under a Liberal government.

 

[Billy2016]

Helo everyone,
Please I have a question regarding the current citizenship law requirement "intent to reside in canada" . What will happen in the future for those who have signed this document of intent to reside in canada as part of their application for citizenship in the current law. What will happen when the new law is implemented?
Will this document be canceled automaticaly or may be the new law will include a clause to cancel those documents OR those documents will continue to be valid as legal documents only for those people who signed this document ?

Helo and thanks to everyone,
I just found in the details of the C-6 which is published on the parliament website the answer to my question, and would like to share it with all of you.

" Intention to reside in Canada — citizenship granted
16 Paragraph 5(1)‍(c.‍1) of the Citizenship Act, as it read immediately before the day on which subsection 1(5) comes into force, is deemed never to have applied to a person whose application for citizenship was made on or after June 11, 2015 and who was granted citizenship before the day on which that subsection comes into force.

Intention to reside in Canada — pending applications
17 Paragraph 5(1)‍(c.‍1) of the Citizenship Act, as it read immediately before the day on which subsection 1(5) comes into force, does not apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force."

This is a clear indication that if the C-6 law is adopted, the above 2 sections which are parts of the C-6 will cancel the consequences to those people who signed the intend to reside in Canada document whether they got their citizenship or their application is still in process.

 

[Almost_Canadian]

@Billy2016 - that is exactly what Dpenabill wrote . That if and when C-6 passes, that clause will be removed as if it was never there.

 

[Franky772016]

"Officers will be assessing the applicant’s intention if granted citizenship (i.e., what the applicant intends to do after becoming a citizen). 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.

These procedures only apply to applications received on or after the coming into force of these provisions through the SCCA on June 11, 2015, not to pending applications in the inventory. The authority to determine that this requirement has been met is delegated to level 1 and level 2 decision makers."

 

[zia_rehman22]

Helo and thanks to everyone,
I just found in the details of the C-6 which is published on the parliament website the answer to my question, and would like to share it with all of you.

" Intention to reside in Canada — citizenship granted
16 Paragraph 5(1)‍(c.‍1) of the Citizenship Act, as it read immediately before the day on which subsection 1(5) comes into force, is deemed never to have applied to a person whose application for citizenship was made on or after June 11, 2015 and who was granted citizenship before the day on which that subsection comes into force.

Intention to reside in Canada — pending applications
17 Paragraph 5(1)‍(c.‍1) of the Citizenship Act, as it read immediately before the day on which subsection 1(5) comes into force, does not apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force."

This is a clear indication that if the C-6 law is adopted, the above 2 sections which are parts of the C-6 will cancel the consequences to those people who signed the intend to reside in Canada document whether they got their citizenship or their application is still in process.

Billy can you please elaborate that pending application part and i am having difficulty in understanding this paragraph due to lack of knowledge of sections and subsections. I applied with "Intent" clause on 26th May 2017 and now on 17th june, 2017 the new law is passed. So what does this paragraph means when it says DOES NOT APPLY.

Thanks