Joginder Singh Toor writes from Toronto

OBTAINING citizenship in Canada has, however been simplified in chapter 29 of the Citizenship Act of Canada, still it is a complicated affair. The amended provisions define and explain the relevant terms and conditions for obtaining citizenship, which may be of interest to many to know.

The right to citizenship has been granted under section 3, to a person who was born in Canada, or born outside Canada but at the time of his birth, one of his parents was a citizen of Canada.

The act disallows certain categories of persons who had seized to be citizen before the passing of the amended law for any reason covered by certain sections of the act mentioned in section 3(f) including revocation of citizenship for reason of false representation, fraud or concealment of material circumstances under any of the provisions mentioned in the act unless the Minister is satisfied in exercise of powers to grant resumption of citizenship.

The Act also allows the grant of citizenship to a child apparently less than the age of 7 years, who has been found as a deserted child in Canada who is to be deemed to be born in Canada unless the contrary is proved within 7 years the date the child was found.

Where the child is born after the death of either of his parents, the child is deemed to have been born before the death of that parent for the purpose of the application of certain provisions of the act.

The Minister, (Member of the Queen’s Privy Council for Canada designated by the Government in Council as the Minister for the purpose of citizenship act) is to grant citizenship to any person, who makes an application for the purpose, is 18 years of age or over, is permanent resident within the meaning of subsection 2 (1) of the Immigration and Refugee Protection Act. The necessary condition which he has to satisfy is that he has within 4 years, immediately proceeding the date of his or her application accumulated at least 3 years residence in Canada calculated in the manner given in the Act.

Before the grant of lawful admission in Canada, everyday of residence in Canada is to be counted as one half day which is to be deemed to accumulate towards the three years period. After the lawful admission to Canada everyday of residence is to be accumulated for the required period. A spouse of Canadian citizen employed outside of Canada in or with Canadian armed forces or for federal public administration or the public service of a province otherwise than as locally engaged person, can have each day spent with the spouse outside of Canada to be accumulated as residence in Canada.

Citizenship is generally to be granted to a person above the age of 18years but the minister has the power to grant citizenship to a minor who is permanent resident of Canada and fulfills the conditions for grant of citizenship if an application is made by an authorized person on behalf of the minor.

The Governor in Council can direct the Minister, on compassionate grounds, to waive certain conditions for grant of citizenship, or alleviate cases of special nature or of unusual hardship or to reward services of an exceptional value to Canada and direct the minister to grand citizenship to such person and where such direction is given the minister has to forth with grant citizenship to that person.

The minister has the power to grant citizenship to a person born outside Canada after coming into force of the amended provisions, who’s birth parent was a citizen of Canada, is less than 23 years of age, has resided in Canada for over 3 years during the proceeding 4 years, has been stateless and has not been convicted of any offences mentioned in the section. Such a person is not required to take oath of citizenship.

A person lawfully adopted, after a lawful relationship is created with the adoptee citizen of Canada, where the adoption is not solely for the purpose of acquiring citizenship of Canada can be granted citizenship.

One can of one’s own wish seize to be citizen of Canada if his application moved for the purpose of renunciation of citizenship is accepted by the minister on the grounds that he wants to become a citizen of another country and if he is not subject to a declaration by the Governor in Council made pursuant to section 20, is not a minor and is not prevented for any reason from understanding the significance of renouncing citizenship.

The citizenship once renounced can be resumed on strict compliance of certain provisions to the satisfaction of the Minister.

The provisions of the acts are subject to compliance of certain regulations framed under the Act for the purpose of grant of citizenship. The procedure has to be strictly followed and for that purpose is to be thoroughly gone through and understood.

To be continued….

[The writer, a senior lawyer and a commentator on public affairs is currently visiting Canada Jogindersingh_toor@yahoo.com]

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