Immigration | How soon can a permanent resident become a Canadian citizen?

Dear Miss Powell,

How long does a Canadian permanent resident have to wait before applying for citizenship? I have heard that you need to live in Canada for three years. Is that three years from the date you become a permanent resident? Also, how soon after becoming a citizen can you get a Canadian passport?

BE

Dear BE,

You generally need 1,095 days of physical presence in Canada within the five years before you apply. That is not automatically three years after you become a permanent resident. Some qualify sooner. Others need longer.

TIME BEFORE YOU BECAME A PERMANENT RESIDENT MAY COUNT

If you lived in Canada lawfully as an authorised temporary resident or protected person before becoming a permanent resident, each of those days counts as half a day, up to a maximum credit of 365 days. Your eligibility period must still include at least 730 days as a permanent resident. Use IRCC’s physical presence calculator on Canada.ca rather than counting three years from the date on your PR card and check your passports first.

TRAVEL ABROAD REDUCES YOUR AVAILABLE DAYS

IRCC counts the days you were physically present in Canada. Days spent living or travelling outside Canada generally do not count toward the 1,095. Accompanying a Canadian citizen spouse abroad does not make those days count, and neither does working overseas for an ordinary Canadian private company.

The principal exception is employment outside Canada in or with the Canadian Armed Forces, the federal public administration, or the public service of a province or territory. It can extend to a spouse, common-law partner or parent living abroad with that person. It does not extend to staff hired locally by the Canadian government abroad, such as employees of the Canadian High Commission.

YOUR TAXES MUST BE FILED

If you were required to file Canadian taxes, you must have met that obligation for at least three of the five years in your eligibility period. You may need to provide copies of your Notices of Assessment.

A CRIMINAL RECORD DOES NOT AUTOMATICALLY BAR YOU

The Citizenship Act bars applicants in specific circumstances, including active criminal proceedings, imprisonment, probation, or certain convictions. The dates matter. A police certificate is required from each country outside Canada where you spent 183 or more days in a row since turning 18, within the past four years. It is not needed where that time was spent in your country of origin immediately before you became a permanent resident and landed.

DEMONSTRATE YOUR LANGUAGE ABILITY

If you are 18 to 54 years old on the date you sign your application, you must prove English or French ability at Canadian Language Benchmark Level 4 or higher, through accepted test results or educational credentials.

PREPARE FOR THE CITIZENSHIP TEST

The same age group must also take the citizenship test, unless waived.

Do not wait for the test date to start preparing. IRCC publishes the official study guide, Discover Canada, free on Canada.ca. The test covers Canadian history, geography, government, laws, symbols and civic rights and responsibilities. There are 20 questions and you must answer at least 15 correctly to pass.

Most applicants now take the test online. IRCC gives you 30 days from the invitation and three chances to pass within it. If you fail all three, IRCC will invite you to a hearing with a citizenship official. Failing that hearing results in refusal.

APPROVAL IS NOT CITIZENSHIP

Most adult applicants become citizens only on taking the Oath of Citizenship at a ceremony. A certificate follows in paper or electronic form.

THE PASSPORT HAS NO WAITING PERIOD

Once you have proof of citizenship, you may apply for your passport. Service standards provide for processing within 10 business days when you apply in person at a passport office, or a Service Canada Centre offering 10-day service, and 20 business days at regular Service Canada Centres, by mail or online.

If your file involves criminal inadmissibility, disputed travel dates or an unusual history, have a lawyer review it before you apply.

Deidre S. Powell is a lawyer, mediator and author in Canada. Contact her via www.deidrepowell.com or WhatsApp 613-695-8777.