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Canadian citizenship is obtained by birth in Canada (other than as a child of a foreign diplomat), by birth abroad, when at least one parent is a Canadian citizen, or can be granted to a permanent resident who lives in Canada for three out of four years before applying for citizenship and is able to speak English or French. Time spent as a temporary resident before permanent residence is granted counts as half. Under special circumstances, the law allows for some requirements to be waived. Image File history File links Flag_of_Canada. ...
A Permanent Resident in Canada is someone who is not a Canadian citizen but has the legal right to enter or remain in Canada. ...
Citizenship is membership in a political community (originally a city but now usually a country) and carries with it rights to political participation; a person having such membership is a citizen. ...
Canadian English (CaE) is a variety of English used in Canada. ...
History of Canadian Citizenship
British & Commonwealth
Citizenship |
 | | Commonwealth Nationality Laws | | British (history)
Australian
Barbadian
Canadian (history)
Indian
Malaysian
Maltese
New Zealand
South African
Irish citizens in the UK Image File history File links Flag_of_the_United_Kingdom. ...
Image File history File links Flag_of_the_Commonwealth_of_Nations. ...
This article concerns the History of British nationality law. ...
Barbados achieved independence from the United Kingdom in 1966 as a commonwealth with HM the Queen Elizabeth II remaining the head of state. ...
Canada was the second nation in the then British Commonwealth to establish its own nationality law in 1946, with the enactment of the Canadian Citizenship Act 1946. ...
This article concerns British nationality law in respect of citizens of the Republic of Ireland. ...
| | Classes of Citizens and Subjects | | British citizen
British subject
British Overseas Territories citizen
British Overseas citizen
British National (Overseas)
British protected person
Commonwealth citizen
British Nationality Law ...
In British nationality law, the term British subject has at different times had different meanings. ...
// British Nationality Act 1981 The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and Colonies (CUKCs) into three categories: British citizens CUKCs with the right of abode in the United Kingdom and Islands (i. ...
In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national. ...
This article concerns matters of British nationality law in relation to Hong Kong. ...
British Protected Person (BPP) is a form of British nationality under the British Nationality Act 1981. ...
A Commonwealth citizen, formerly known as a British subject, is generally a person who is a national of any country within the Commonwealth of Nations. ...
| | Rights and Visas | | Right of abode
Indefinite leave to remain
Permanent resident (Australia)
Permanent resident (Canada)
Belonger status
UK Ancestry Entry Clearance
Right of Abode is a status under United Kingdom immigration laws that gives an unrestricted right to live in the United Kingdom. ...
Indefinite Leave to Remain or ILR, is an immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted to the UK without any time limit on his stay and who is free to take up employment, without restriction. ...
Australian permanent residents are residents of Australia who hold permanent residency visas but are not citizens of the Commonwealth of Australia. ...
A Permanent Resident in Canada is someone who is not a Canadian citizen but has the legal right to enter or remain in Canada. ...
A legal classification normally associated with Britains Overseas Territories. ...
A UK Ancestry Entry Clearance often referred to as an Ancestry Visa is a United Kingdom Entry Clearance for Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands and Isle of Man who wish to work in the United Kingdom. ...
| | Acts | | Ireland Act 1949
British Nationality Act 1981
Falkland Islands (1983)
Overseas Territories Act 2002
Canadian Citizenship Act 1946 The Ireland Act 1949 is a UK Act of Parliament which was intended to deal with the consequences of the then recently passed Republic of Ireland Act 1948 as passed by the Irish parliament (Oireachtas). ...
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament. ...
The British Overseas Territories Act 2002 is an Act of Parliament passed in the United Kingdom in 2002, which superseded the British Nationality Act 1981. ...
The Canadian Citizenship Act is an Act of the Government of Canada, which came into effect on July 1, 1947, recognizing the definition of a Canadian, including reference to them being British subjects. ...
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The Canadian Citizenship Act of 1946 took effect on 1 January 1947. Prior to that date, Canadians were British subjects and Canada's nationality law closely mirrored that of the United Kingdom. As Canadian independence was obtained incrementally over the course of many years since the formation of the Canadian Confederation in 1867, the Second World War in particular gave rise to a desire amongst Canadians to have their country recognized as a fully-fledged sovereign state with a distinct citizenship[1]. Prior to the conferring of legal status on Canadian citizenship, Canada's naturalization laws consisted of a hodgepodge of confusing Acts [2] which may have provided additional impetus for the creation of Canadian citizenship. Canada was the second nation in the then British Commonwealth to establish its own nationality law in 1946, with the enactment of the Canadian Citizenship Act 1946. ...
In British nationality law, the term British subject has at different times had different meanings. ...
We dont have an article called Canadian-confederation Start this article Search for Canadian-confederation in. ...
Combatants Major Allied powers: United Kingdom Soviet Union United States Republic of China and others Major Axis powers: Nazi Germany Italy Japan and others Commanders Winston Churchill Joseph Stalin Franklin Roosevelt Harry Truman Chiang Kai-Shek Adolf Hitler Benito Mussolini Hideki Tojo Casualties Military dead: 17,000,000 Civilian dead...
On 1 January 1947, Canadian citizenship was conferred on most British subjects connected with Canada. Subsequently, on 1 April 1949, Canadian nationality law was extended to Newfoundland upon that country's admission to Confederation. Newfoundland — (stress on final syllable; for mispronunciations, see Newfoundland travel guide from Wikitravel)— (French: , Irish: ) is a large island off the east coast of North America, and the most populous part of the Canadian province of Newfoundland and Labrador. ...
Canadian nationality law was substantially revised on 15 February 1977. Notably, from that date Canada fully accepts multiple citizenship. However those who lost Canadian citizenship before that date did not automatically have it restored. Countries that do (yellow) and do not (red) permit multiple citizenship. ...
Birth in Canada In general, anyone born in Canada from 1947 has acquired Canadian citizenship at birth. The only exceptions concern children born to diplomats, where additional requirements apply.
Most persons born in Canada before 1947 acquired Canadian citizenship on 1 January 1947 if still living at that date.
Canadian citizenship by descent Any person born outside Canada from 15 February 1977, who has a Canadian parent at the time of birth, is automatically a Canadian citizen by descent.
If the Canadian parent is also Canadian by descent and the other parent is not born or naturalized in Canada, then Canadian citizenship will be lost on that person's 28th birthday unless the person successfully applies to retain Canadian citizenship.
Those born outside Canada between 1 January 1947 and 15 February 1977 are generally not Canadian citizens unless their birth was registered with the Canadian government before they were two years of age (and neither they nor their responsible parent subsequently lost Canadian citizenship by becoming citizens of another country before 1977) OR they applied for Canadian citizenship by descent before 14 August 2004. Applications for citizenship by descent fell into two categories: 1) delayed registration of birth abroad, which, when granted, made the person a citizen from birth (as if the birth had been registered with the Canadian government within two years as required by the 1947 Citizenship Act), and 2) a facilitated grant, in cases where the Canadian parent was the mother, not the father. The latter was not retroactive, so does not make children of the grantee born before the grant, Canadian citizens.
One class of Canadian citizens by descent who can still claim citizenship are those whose births were registered as required by the 1947 Act, but who then lost their Canadian citizenship when their responsible parent (normally the father) became a naturalized citizen of another country. In 2005, the Canadian Parliament passed a law allowing such persons who lost citizenship as minors to apply to resume Canadian citizenship without a residency or background-check requirement. [3]
Naturalization as a Canadian citizen A person who is a permanent resident may apply for Canadian citizenship by naturalization (grant) after three years resident in Canada. A Permanent Resident in Canada is someone who is not a Canadian citizen but has the legal right to enter or remain in Canada. ...
The requirements in full are that the person:
- is aged 18 years or over
- is a permanent resident
- has lived in Canada for a total of three years out of the four years preceding the application for citizenship
- knows about Canada (a test is required as part of the application process, but only if the applicant is between 18 and 54 years of age)
- knows the rights and responsibilities of Canadian citizenship
A Permanent Resident in Canada is someone who is not a Canadian citizen but has the legal right to enter or remain in Canada. ...
Children aged under 18 The naturalization requirements for children under 18 are different to those for adults. - the child should be a permanent resident
- a parent of the child should be a Canadian citizen or in the process of applying for Canadian citizenship
The residence and other requirements do not normally apply to those aged under 18. A Permanent Resident in Canada is someone who is not a Canadian citizen but has the legal right to enter or remain in Canada. ...
Citizenship ceremonies -
All applicants for Canadian citizenship aged 14 or over must attend a citizenship ceremony as the final stage of their application. The purpose of the Oath of Citizenship, as opposed to the Oath of Allegiance, is for new Canadian citizens to pledge their loyalty not only to the Sovereign, Queen Elizabeth II, as representative of the State, but also to the laws and customs of their new country. ...
Canadian citizenship by adoption There is no provision in the Citizenship Act for automatic conferral of Canadian citizenship upon those adopted by Canadian citizens, whether in Canada or overseas. It is necessary for the child to be granted Canadian citizenship by naturalization. Although the child usually needs to be a permanent resident, the three year residence term is not required where an adoptive parent is a Canadian citizen.
Effective 16 July 2001, adults who were adopted as children may be able to apply for a special grant of Canadian citizenship under section 5(4) of the Citizenship Act without requiring permanent resident status or residence in Canada. Details - Policy CP 01-05
This is in response to the McKenna case, a 1993 Canadian Human Rights Tribunal ruling [1]in which the Canadian government sought a judicial review before the Federal Court in 1995 [2]and which was subsequently taken before the Federal Court of Appeal in 1999 [3].
In May 2006 the Canadian government introduced draft legislation, Bill C-14: An Act to Amend the Citizenship Act (Adoption) to place this policy into law [4]
Japanese Repatriation On September 22, 1988 the Prime Minister agreed a redress package for Japanese Canadians deported from Canada between 1941 and 1946 (about 4000 in total) and their descendants.
The package authorizes a special grant of Canadian citizenship for any such person. All descendants of deported persons are also eligible for grant of citizenship provided they were living on September 22, 1988, regardless of whether the person actually deported from Canada is still alive.
Loss of Canadian citizenship Under current law there is no provision for involuntary loss of Canadian citizenship except: - naturalized Canadians can be deprived of citizenship if convicted of fraud in relation to their citizenship application, or their original admission to Canada as an immigrant
- second-generation Canadians by descent may lose Canadian citizenship automatically on their 28th birthday if they do not meet the requirements for retention
Many Canadians lost Canadian citizenship prior to 15 February 1977 through: - naturalization in another country
- long residence overseas (prior to 1967)
- if a child, based on a parent's loss of Canadian citizenship
See History of Canadian citizenship Canada was the second nation in the then British Commonwealth to establish its own nationality law in 1946, with the enactment of the Canadian Citizenship Act 1946. ...
A Canadian citizen who holds another nationality may in some cases renounce Canadian citizenship voluntarily.
Resumption of Canadian citizenship Former Canadian citizens who lost their citizenship as adults are generally required to obtain landed immigrant (permanent resident) status under normal rules and live in Canada for one year in order to resume Canadian citizenship.
As of 5 May 2005, a special concession has been made to those who lost Canadian citizenship as minors between 1 January 1947 and 14 February 1977 based on a parent's loss of Canadian citizenship. These persons now have an unqualified right to resume Canadian citizenship without actually residing in Canada. [5]
Former Canadians who lost British subject status before 1947 have no specific rights to Canadian citizenship, except in the case of women who lost British subject status on marriage to a foreign man.
Judicial review of provisions of current and previous citizenship acts There have been a number of court decisions dealing with the subject of Canadian citizenship. A few of the major decisions are:
Glynos v. Canada (1992). The federal court ruled that the child of a Canadian mother had the right to be granted Canadian citizenship, despite the fact that the responsible parent of the child (i.e. the father) had naturalized as a U.S. citizen before 15 February 1977 and had thus lost his Canadian citizenship. [6]
Benner v. Canada (1997). The Supreme Court of Canada ruled that children born abroad before 15 February 1977 of Canadian mothers were to be treated the same as those of Canadian fathers (i.e. granted citizenship upon application without the requirements of a security check or taking a citizenship oath). [7]
Canada (Attorney General) v. McKenna (C.A.) (1999). As a result of the existing Citizenship Act, adopted children are treated differently from biological children born abroad to Canadian citizens. The Federal Court of Appeal has indicated that distinctions in the law based on "adoptive parentage" violate the equality rights provisions in section 15 of the Canadian Charter of Rights and Freedoms. Under the existing law, moreover, children adopted by Canadian parents who are living abroad and who wish to continue doing so cannot become permanent residents and, therefore, cannot become Canadian citizens. [8]
Taylor v. Minister of Citizenship and Immigration (2006). The federal court ruled that an individual born abroad and out of wedlock to a Canadian serviceman father and a non-Canadian mother acquired citizenship upon arrival in Canada after World War II and did not subsequently lose Canadian citizenship while living abroad. The ruling is far-reaching in terms of striking down a number of the loss provisions of the 1947 Citizenship Act based on the retrospective application of the Charter of Rights and Freedoms. [9] [10] On 29 September 2006 the Canadian Government announced that this decision would be appealed. The Canadian Charter of Rights and Freedoms is the bill of rights which forms part of the Constitution of Canada adopted in 1982. ...
Rights and responsibilities of citizens Citizens are: - Able to vote in political elections upon reaching the age of 18 (and provided they are not absent from Canada for more than 5 years and intend to resume residency in Canada).
- Able to serve on a jury.
- Able to run for political office upon reaching the age of 18.
- Able to obtain a Canadian passport.
- Able to prevent risk of getting deported from Canada
- Able to work for the Federal government (where citizenship is usually required)
- Allowed to live outside Canada indefinitely while retaining the right to return
- Able to pass on Canadian citizenship to children born outside Canada.
This article or section does not cite its references or sources. ...
Cover of a Canadian Passport Passport Canada is an independent operating agency of the Government of Canada and Foreign Affairs Canada. ...
Deportation is the expelling of someone from a country. ...
Proof of Canadian Citizenship Document Any Canadian can apply for a citizenship certificate. New Canadians get a certificate when they are granted citizenship. If you automatically acquired citizenship because you were born outside Canada to a Canadian parent or you are a woman who was landed in Canada before 1947 (e.g., a war bride), you can apply for a citizenship certificate. Details
It can take many months to issue a citizenship certificate. Processing Times for Citizenship Certificates
Commonwealth Citizenship Under United Kingdom law, Canadians are Commonwealth citizens and hence are entitled to certain rights in the UK: A working holiday visa is a travel permit which allows travellers to undertake employment in the country issuing the visa for the purpose of supplementing their travel funds. ...
A UK Ancestry Entry Clearance often referred to as an Ancestry Visa is a United Kingdom Entry Clearance for Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands and Isle of Man who wish to work in the United Kingdom. ...
Right of Abode is a status under United Kingdom immigration laws that gives an unrestricted right to live in the United Kingdom. ...
Notes - ^ Forging Our Legacy: Canadian Citizenship And Immigration, 1900-1977 - The growth of Canadian nationalism
- ^ Forging Our Legacy: Canadian Citizenship And Immigration, 1900-1977
- ^ CIC: Application to Resume Canadian Citizenship Under Subsection 11(1) and for Persons Who Lost Citizenship as Minors Under Subsection 11(1.1)
See also Nationality law is that branch of a countrys legal system wherein legislation, custom and court precendent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ...
Citizenship and Immigration Canada is the department of the government of Canada with responsibility for issues dealing with immigration and citizenship. ...
A Permanent Resident in Canada is someone who is not a Canadian citizen but has the legal right to enter or remain in Canada. ...
Cover of a Canadian Passport Passport Canada is an independent operating agency of the Government of Canada and Foreign Affairs Canada. ...
Cover of a Canadian Passport Passport Canada is an independent operating agency of the Government of Canada and Foreign Affairs Canada. ...
Immigration to Canada is the process by which people migrate to Canada and become nationals of the country. ...
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