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| Mr. Tushar Shah |
CANADA IMMIGRATION
Frequentely Asked Questions
Submitted By: Mr. Tushar Shah (B.E.Mechanical)
Immigration Consultant
SHAH & ASSOCIATES
27 Hullen Crescent
Etobicoke, Ontario, Canada M9W 7C1
(Office) 416-679-8334 (Mobil) 416-434-8121
How to Become a Canadian Citizen
WHO CAN APPLY TO BECOME A CANADIAN CITIZEN?
a) You must be 18 years of age or older to apply to become a Canadian citizen.
b)You must be a Legal Permanent Resident.
c) You must have lived here for at least three years out of the four years right before the day you apply. For example, if you are applying for citizenship on 1 June 2002, CIC will count back to 1 June 1998. The time you spent in Canada BEFORE you became a resident will be counted as half time only if it happened within these four years. All the time you lived in Canada after you became permanent resident counts as full time. If you came to Canada on a visa (for example student or work visa) before becoming permanent resident, you may call the Call Centre to find out when you can apply for citizenship.
d) You must know English or French-English and French are the official languages of Canada. E) f) You must know enough of either language so that you can understand other people and they can understand you. This means you need to be able to speak and understand spoken English/French or be able to read and write in simple English/French.
g) You must learn about Canada-You must know about the rights and responsibilities that Canadians have, such as the right to vote. You must also know some things about Canada's history and geography, and about our political system. You will receive free publication A Look at Canada, which will help you to your citizenship test.
g) Applying for children-Children do not need to have lived in Canada for three years. If you are the parent of a child who is under 18 years of age, you may apply for your child as soon as the child receives permanent resident status. To apply for your child, you must already be a Canadian citizen or be applying to become a citizen. Children do not write the citizenship test.
WHO CANNOT BECOME A CANADIAN CITIZEN?
Person cannot become a Canadian citizen if: Person in prison, on parole or on probation in the past four years, convicted of an indictable crime in the past three years; or have been charged with a crime - an indictable offence; under a deportation order and are not allowed to be in Canada now; are now charged with an offence under the Citizenship Act; are under investigation for a war crime or a crime against humanity; or Canadian citizenship has revoked in the past five years.
HOW TO APPLY TO BECOME A CANADIAN CITIZEN?
All applications for Canadian Citizenship are processed by mail at CIC-Citizenship and Immigration Canada's Case Processing Centre in Sydney, Nova Scotia.
To apply to become a Canadian citizen person must follow these six steps:
1. Make sure you have the right application form "Application for Citizenship". If person applying for children, need a separate form for each child.
2. Read the "Application for Citizenship" form before fill it out-Applying for citizenship costs money. Make sure person is eligible to become a citizen before applying.
3. Complete the application forms and attach the necessary documents. A photocopy of your immigration landing record (IMM 1000). A photocopy of two pieces of identification, such as a driver's license, a bank card or a medical card. Two color or black-and-white photographs of you that were taken in the past year. The photographs must be stamped on the back with the photographer's name and address and the date the photographs were taken. You must sign the bottom of the photographs on the white strip under the picture. Children who are 14 or older must also sign their pictures.
A non-refundable processing fee and a refundable Right of Citizenship Fee must be paid at the time of application. The fees can be paid at most financial institutions in Canada and the receipt form (IMM 5401) must be submitted with the application.
4. Mail the Application to-Case Processing Centre, Citizenship and Immigration Canada, P.O. Box 7000, Sydney, Nova Scotia B1P 6V6, Canada. If you are applying for more than one person, you should submit all the forms and documents in the same envelope. You may also make payment for the whole family.
5. Get ready for test-Your application may take several months to process. You will receive the book A Look at Canada after CIC receive your application form. You should begin to study A Look at Canada as soon as you receive it to prepare for your citizenship test. You may also want to go to a citizenship class if one is being held near you.
6. If you meet the basic requirements for citizenship, and are between the ages of 18 and 59, you will be scheduled for the test. CIC will send you a "Notice to Appear for a Citizenship Test" telling you the date and time when you will be given your test. If you are 60 or older, you do not have to write the test. You may be given a written test or, in some circumstances, an interview. Your answers to the test questions will show whether you know enough English or French and whether you know the information in A Look at Canada.
7. Take the Oath of Citizenship-If you meet all the requirements to become a Canadian citizen, CIC will send you a "Notice to Appear to Take the Oath of Citizenship" telling you when and where your citizenship ceremony will take place. If you wish to swear the oath of citizenship on your holy book, please bring it with you to the ceremony.
8. CIC will give you your certificate of citizenship at the citizenship ceremony. The certificate is a small card that you can use to identify yourself and to prove that you are a Canadian citizen. We will also give you a commemorative document that shows the date when you became a Canadian. You should keep these documents in a safe place.
9. CIC will send you notices in the mail about your citizenship test and about the citizenship ceremony. If CIC do not hear from you after that, or if you do not show up for your citizenship test or ceremony, CIC will close your file. You will have to fill in another application form and pay the fee to go through the process again.
10. What should I do if I move after I apply for citizenship?-You should phone the Call Centre, When changing your address be sure to tell us both old and new address.
11. How much does it cost to become a Canadian citizen?-The fee for adults is $200.00. The fee for children under 18 is $100.00.
12. What if my application is turned down?-If you do not meet all of the requirements to become a Canadian citizen, CIC will send you a letter and explain why you cannot become a citizen now and what your next step should be.
13. Will I get my money back if I am turned down for citizenship?-A part of the fee for an adult application is for the right of citizenship. If you are not granted citizenship, CIC will send a refund for $100.00.
14. How long does it take to become a Canadian citizen?-After CIC get your application, it usually takes several months before you become a Canadian citizen.
15. Can I apply for a child if I am not the natural parent?-If you have adopted a child, you may apply for the child's citizenship when you apply for yourself or any time after you become a citizen. If you are a legal guardian, the natural or adoptive parent must already be a Canadian citizen before you apply for the child.
16. I am still a citizen of another country. Will I lose that citizenship if I become a Canadian?-A Canadian is allowed to be a citizen of another country as well. Some countries will not let you keep their citizenship if you become a Canadian.
17. Could I be a Canadian citizen and not know it? -In general, if you were born in Canada you are a Canadian citizen. You are also a Canadian if you were born in another country after or before 15 February 1977 and one of your parents was a Canadian citizen before your birth. If you think this applies to you and you require more information, phone the Call Centre. Toronto: (416) 973-4444, For other areas: 1-888-242-2100
CANADA IMMIGRATION
INFORMATION ABOUT PERMANENT RESIDENT (PR) CARD
TUSHAR SHAH (B.E.Mechanical)
Immigration Consultant
SHAH & ASSOCIATES
27 HULLEN CRESCENT
ETOBICOKE, ONTARIO
M9W 7C1 CANADA
(O) 416-679-8334 (M) 416-434-8121
Permanent Resident Card
The PR Card is a status document and provides cardholders with secure proof of their permanent resident status when re-entering Canada following international travel including USA. On December 31, 2003, the PR Card will be a required document for permanent residents, including children, returning to Canada by any commercial transporter (plane, train, boat, bus or taxi). PR Card may be issued with a validity period of 1 year to 5 years.
To be eligible for a PR Card: An Applicant must-
Be a permanent resident of Canada, must be physically present in Canada, not be under an effective removal order, and not be a Canadian Citizen.
When should apply:
Applications for the PR Card will be processed starting October 15, 2002. To maintain a balanced processing standard applicant are asked to submit their application based on the date applicant become a permanent resident. Consult the chart below and submit your application so that it arrives at the PR Card processing center within the appropriate time:
Documents required along with application:
1. Application for a Permanent Resident Card-IMM 5444
2. Fee Payment Receipt-IMM 5401
3. Supplementary Identification Form-IMM 5455 with the photo correctly attached and signature in black ink inside the white box of the client signature area.
4. Certified Copy of Current Passport, one page which shows number, name, photograph and date of birth.
5. Certified Copy of Record of Landing-IMM 1000 or Driver’s License or Provincial Photo ID card or Recent Income Tax Assessment
Fees:
The fee for processing application is Can $ 50 which is non-refundable.
Mailing Application:
PR Card Processing Center, P. O. Box 10020, Sydney NS B1P 7C1 Canada.
Note: Shah & Associates will provide free Application forms of Permanent Resident Card.
Dual Citizenship
What is meant by dual citizenship?
Every independent nation makes its own decision as to who its citizens are. You possess dual or multiple citizenship when more than one country recognizes you as its citizen.
Unlike the law in effect in Canada up to 1977, the present Citizenship Act allows a Canadian citizen to acquire foreign nationality without automatically losing Canadian citizenship. Since February 15, 1977, a Canadian citizen may retain Canadian citizenship, unless he or she voluntarily applies to renounce it and the application is approved by a citizenship judge. The present Act thus makes it possible to have two or more citizenships and allegiances at the same time for an indefinite period.
Consequently, you may have the rights and obligations conferred by each of these countries on its citizens. Whenever you are in a country that recognizes you as a citizen, its laws take priority over the laws of any other country of which you are a citizen. International treaties may, however, allow exceptions to this rule.
A person may have several citizenships at the same time. For example, a person who was born in a country other than Canada, naturalized in Canada, and then naturalized in a third country may be a citizen of all three countries. However, cases of dual citizenship are more common. Although this pamphlet deals primarily with dual citizenship, the information contained in it applies equally to persons who are citizens of more than two countries. The terms "dual citizenship" and "dual nationality" are now used interchangeably.
How does dual citizenship occur?
If you, your parents, your grandparents and your spouse, if you are married, were all born in Canada, and you have not become the citizen of any other country, then you most likely possess only one citizenship -- Canadian.
However, if one or more of those persons were born outside Canada, this might result in your having dual citizenship, depending on the laws of both countries concerned. For example, if you were born in Canada and one of your parents or your spouse was born outside Canada, you might be considered a citizen by your parents' or spouse's former homeland, even if you never asked to be one. Dual citizenship occurs because citizenship can be obtained in more than one way: through country of birth, naturalization, parents, grandparents or, in rare cases, marriage.
Citizenship is a complex matter because of the great variety of citizenship laws throughout the world. Some countries allow dual citizenship while others take away the citizenship of a person who acquires another citizenship. Some do not recognize a person's new citizenship. The laws that apply to your case are generally the ones in force at the time of the event that affects your citizenship (your birth or marriage or your parents' birth or marriage, for instance). This is why determining your present citizenship status can be a difficult and lengthy process.
Before the Citizenship Act of February 15, 1977, Canadian law limited dual citizenship. It also provided more ways to gain or lose citizenship than does our present law. Canadians who became citizens of another country before that date should check to see if they are still Canadians. Since that date, Canadian law, like the laws of several other countries, has allowed dual citizenship.
Are you a citizen of more than one country?
To find out whether you are or might become a dual citizen, you must contact the officials of each country in question. You will have to provide some information about yourself, such as place and date of birth, citizenship of your parents, immigration details, etc. You may also have to provide similar information about your parents, and possibly your spouse and grandparents.
If you are in Canada and want to find out if you are a citizen of any other country, you should contact the embassy or consulate of that country. (If it has no representatives in Canada, the Protocol Service of the Department of Foreign Affairs and International Trade, Ottawa K1A 0G2, will direct you to its nearest representatives.) If you have questions about Canadian citizenship, you should contact the Call Centre in your area (in Canada) or any Canadian Embassy or Consulate abroad. You may also write to the Registrar of Canadian Citizenship, Citizenship and Immigration Canada, Ottawa K1A 1L1.
Dual citizenship: An important issue
Dual citizenship may carry with it certain benefits, but it may bring unexpected difficulties -- legal proceedings, taxation and financial responsibilities, military service, denial of emigration, even imprisonment for failure to comply with obligations in one of your countries of citizenship. Accordingly, you should ask yourself these vital questions:
-Am I now a dual citizen?
-Can I acquire dual citizenship, either by marriage or by naturalization in Canada or in another country?
-Is dual citizenship an advantage or a disadvantage for me?
-If dual citizenship is a disadvantage, what can I do about it?
Dual citizenship: Advantage or disadvantage?
Suppose you learn that you (or a member of your family) have dual citizenship or might acquire it. Would dual citizenship be good for you? Would it have more advantages than disadvantages?
For some people, dual citizenship offers practical advantages, e.g. social security or employment. It may also enhance their feeling of belonging, because they have strong personal ties to more than one country.
However, it is important to realize that there can be difficulties and disadvantages as well. The following paragraphs suggest some consequences of having dual citizenship. In general, the laws that apply to you at any time are the laws of the country in which you are physically present at that time. The laws of a country may provide, for example, that persons residing in the country of their second citizenship may travel only on the passport of their country of residence. Possession of a second passport could result in its being confiscated, or even in a fine.
If a Canadian has legal or other difficulties outside the country, Canadian diplomatic and consular representatives in that country can try to help. However, if the Canadian in difficulty in another country is also a citizen of that country, Canadian officials may be entirely unable to help. That country will be dealing with one of its own citizens, and probably will not welcome "outside interference." Indeed, foreign authorities will definitely consider you as one of their citizens, especially if you choose to travel under their passport. Traveling with a Canadian passport and another country's passport simultaneously might also lead to certain difficulties in a third country.
There may be laws in a country to which a foreign traveler is not subject, but which apply to you as a citizen of that country -- for example, restrictions on exit, compulsory military service, and special taxes or financial compensation for services received in the past, including educational costs. There might even be special circumstances relating to you in particular -- for example, friends or relatives may be affected by your visiting that country, or there may be legal proceedings pending against you that could begin again if you return.
You might be affected if countries of which you are a citizen are involved in political upheavals or military conflicts. Even while in Canada, you might be approached with demands that you fulfill certain obligations to another country of which you are legally a citizen.
These are some of the possible drawbacks to dual or multiple citizenship. They might not apply in your case, but it is important for you to be aware of them.
Avoid the hazards of dual citizenship
Suppose you are or might become a dual citizen, and you feel that this could present problems for you, your spouse or your children, or others. You can do a number of things about it.
Before applying for Canadian citizenship, you are advised to find out if you can retain your present citizenship, and if this might cause problems for you or others.
Next, find out if you can renounce the citizenship that you do not wish to retain, and whether renouncing that citizenship will remove the possible hazards. Citizenship cannot be renounced merely by making a personal declaration to this effect. You need to apply to the appropriate authorities of the country concerned and obtain formal approval.
If you are or will become a citizen of another country and are living outside Canada, you may apply to renounce Canadian citizenship through any Canadian Embassy or Consulate abroad. Once you are no longer a Canadian citizen, however, you cannot travel on a Canadian passport or benefit from Canadian assistance outside Canada. Moreover, you cannot return to Canada as a permanent resident without going through immigration procedures.
Above all, avoid traveling to a country of which you are a citizen if it is likely to cause you difficulty.
Confirm your citizenship status
Citizenship laws are complicated. Do not assume that what applies to your friends and relatives will apply to you as well, even though your circumstances may be similar. Be certain about your own citizenship status. Seek information from the officials of every country of which you may be a citizen. Start with a Call Centre in Canada or a Canadian Embassy or Consulate abroad -- advice and guidance are free, and Canadian officials will be glad to give you information or tell you where it may be obtained.
Use the following telephone numbers to contact the Citizenship and Immigration Call Centre in your area. The automated voice response system will give you answers to general citizenship questions 24 hours a day. If you wish to speak to an agent, call the Call Centre during the normal business hours across Canada of 8 a.m. to 4 p.m. and press "0." Call Centres-Montreal: (514) 496-1010 / Toronto: (416) 973-4444 / Vancouver: (604) 666-2171 / For all other areas within Canada: 1-888-242-2100
