加拿大移民5年住满3年后可入籍 Bill C-6 to Amend Citizenship Act - New 3 / 5 rule and campaign promises kept

2017 年C6法案(新《公民法》)5.3在参议院以45票支持、29票反对、零票弃权正式通过。加拿大移民申请人又一福音:

1、入籍时间放宽

由6年里住满4年(再之前是4年累计住3年),改为5年里住满3年。申请人在加拿大获得永久居住权之前的时间(以难民、临时居民身份、留学生身份等)也计算在内。

留学生住在加拿大的留学时间以50%折算,最多可计算一年,这点未变。

2、“留加意图”条款被取消:

任何加拿大合法公民都有自由迁徙的权利,公民若搬到加拿大境外,不会废除其公民身份。

加拿大政府只能有一条取消公民身份及国籍的理由:发现申请人在申请公民身份的过程中造假。

3、入籍语言要求调整

提议将需要参加入籍英语/法语考试的年龄范围从14岁至64岁,重新调整为18岁至54岁,或18岁至60岁。

4、报税记录时间减少

原法案C-24规定需要提供过去6年内4年的报税记录,而新法案只要求提供过去5年内3年的报税记录即可。

5、允许未成年人在没有父母协助的情况下申请公民身份,当前是孩子必须等到18岁才能独立申请或跟随父母入籍。

A bill to change Canada’s Citizenship Act has finally been passed by the Senate with amendments, bringing the legislation closer than ever to becoming law. As a result of this bill, immigrants to Canada would be able to apply for Canadian citizenship earlier and more easily than before.

In a vote of 45 for, 29 against, and zero abstentions, Bill C-6 passed the Senate at around 4 p.m. on May 3, 2017. Senators in Ottawa have asked their colleagues in the House of Commons to review the bill, including amendments added by the Senate after the draft bill was previously passed by the House of Commons in June of last year. The bill must receive royal assent before becoming law.

C-6 reduces the amount of time permanent residents have to live in Canada in order to become eligible to apply for citizenship, from four out of six years to three out five years. In addition, applicants who spent time in Canada on temporary status — such as on a work or study permit — would be able to count a portion of this time towards the three-year requirement.

The bill removes the intent to provide provision, and an increased number of applicants would be exempt from language proficiency requirements. The bill passed by the House of Commons last year placed an age range of 18 to 54 for language testing, but this was amended to 18 to 60 in the Senate following an amendment tabled by Independent Senator Diane Griffin.

While being read in the Senate, Senators passed a number of other amendments to the bill. Among these were a provision requiring the Immigration Minister to inform individuals who have their citizenship revoked due to fraud or misrepresentation that they have the right to appeal the decision in Federal Court. Bill C-24, the Strengthening Canadian Citizenship Act introduced by the previous Conservative government, removed the right to a Federal Court hearing for individuals subject to revocation of citizenship in cases where it was found that citizenship was obtained by fraud. Since C-24 came into effect, affected individuals have 60 days to respond in writing after being informed that their citizenship will be revoked.