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Bill C-24: can citizenship now be revoked for working/studying away from Canada?

fl_pie

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Some news articles on the web explaining the effects of the newly passed Bill C-24 say that under the new law, it is possible for someone's citizenship to be stripped away if they move away from Canada. For example:

(The new laws) Put all naturalized citizens under the implicit threat of having their citizenship revoked, by making it possible for government officials to strip someone of citizenship if they believe that person never intended to live in Canada. This could happen if a naturalized Canadian decides to study, accept a job, or even move in with a romantic partner outside of Canada.
Source: http://www.carl-acaadr.ca/articles/70

I skimmed through the text of the bill and couldn't find any references to this. Yes, I could see that the citizenship may now be revoked for certain types of crimes, as well as for fraud, but nothing about removing citizenship for studying or working abroad. Can anyone clarify this? Are the news articles exaggerating the effects of the new bill, or am I missing something? If it's actually possible for citizenship to be revoked for being away from Canada now, can somebody quote the section of the bill regarding this?
 

yr97

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fl_pie said:
Some news articles on the web explaining the effects of the newly passed Bill C-24 say that under the new law, it is possible for someone's citizenship to be stripped away if they move away from Canada. For example:

Source: http://www.carl-acaadr.ca/articles/70

I skimmed through the text of the bill and couldn't find any references to this. Yes, I could see that the citizenship may now be revoked for certain types of crimes, as well as for fraud, but nothing about removing citizenship for studying or working abroad. Can anyone clarify this? Are the news articles exaggerating the effects of the new bill, or am I missing something? If it's actually possible for citizenship to be revoked for being away from Canada now, can somebody quote the section of the bill regarding this?
One of the questions you have to answer `yes` in the new form is this:

I intend, if granted citizenship,

to continue to reside in Canada;

So yes, some ppl say(and I agree with them), that the government will have the power to investigate all "new citizens" who live abroad, looking for any signs that the person's intent to move was in fact before they aquired citizenship (e.g, was looking for a job, or bought a new home abroad and moved out of Canada as soon as granted citizenship). That clause of the bill allows the government to consider this as misrepresentation or fraud, hence revoke the person's citizenship.
 

riasharma169

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the word INTENT applies for the 4 out of 6 years stay in Canada. How it is possible for someone to get a citizenship without having the intention to live here for 4 out of 6 years!!! Once you get the citizenship, you are free to work or study in any other country as a Canadian citizen. You will have freedom of move like every other Canadian have :)
 

kaladdin

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riasharma169 said:
the word INTENT applies for the 4 out of 6 years stay in Canada. How it is possible for someone to get a citizenship without having the intention to live here for 4 out of 6 years!!! Once you get the citizenship, you are free to work or study in any other country as a Canadian citizen. You will have freedom of move like every other Canadian have :)
Exactly - here is the intention clause in bill C-24:

(1.1) For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person’s intention must be continuous from the date of his or her application until they have taken the oath of citizenship.

Paragraph (1)(c.1) is for citizenship application and paragraph 11(1)(d.1) is for application of citizenship resumption.
 

MUFC

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riasharma169 said:
the word INTENT applies for the 4 out of 6 years stay in Canada. How it is possible for someone to get a citizenship without having the intention to live here for 4 out of 6 years!!! Once you get the citizenship, you are free to work or study in any other country as a Canadian citizen. You will have freedom of move like every other Canadian have :)
kaladdin said:
Exactly - here is the intention clause in bill C-24:

(1.1) For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person's intention must be continuous from the date of his or her application until they have taken the oath of citizenship.

Paragraph (1)(c.1) is for citizenship application and paragraph 11(1)(d.1) is for application of citizenship resumption.
Glad to see some common sense
 

fl_pie

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kaladdin said:
Exactly - here is the intention clause in bill C-24:

(1.1) For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person's intention must be continuous from the date of his or her application until they have taken the oath of citizenship.

Paragraph (1)(c.1) is for citizenship application and paragraph 11(1)(d.1) is for application of citizenship resumption.
You beat me to it, just found it and wanted to post it. :) Thanks! Glad to know that it wouldn't affect law-abiding people.

It also means that what some news sites report is just fearmongering (add http://www.sfu.ca/education/cels/bilingual/bilingual-corner/bill-c-24.html to the list).
 

MUFC

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fl_pie said:
It also means that what some news sites report is just fearmongering
Some people here also want to spread those fear mongering stuff here, with the pure intention to scare the people for no reason.
 

yr97

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MUFC said:
Some people here also want to spread those fear mongering stuff here, with the pure intention to scare the people for no reason.
MUFC said:
Glad to see some common sense
You are wrong.
Yes, I do understand the the "intention" clause is for PR's and doesn't apply to citizens and once you're a citizen your intention can change, but the fraud and misrepresentation clause doesn't. It applies to citizens as well. HENCE:

Consider the simple case where the government found out(by coincidence, or if someone reported you) you lied about ur intention(during the application), AFTER you became a citizen--> Fraud, and revocation. So you lied before becoming a citizen, but they found out after.

Consider the more complicated case, where the government is "randomly" following up on new citizens, to verify if there are any signs of misrepresentation(whether regarding the intent clause or any other requirement), that means there's a good chance new citizens who suddenly leave after oath for any reason will trigger an alarm, and government will somehow try to "figure out what was their intention before taking oath". There's a huge room for abuse by government, and it's a fu**in administrative decision, not a court.

So again for ppl like you who seem to make it look like a crystal clear trouble free clause, it's not.
 

yr97

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Also, how on earth would you validate that intention to continue reside in Canada, if granted citizenship. Let me ask you this, I stayed for 4 years, paid my taxes, fulfilled my duties in Canada, and applied for citizenship on my way to the airport, went working abroad. Who says that I did not intend to be back once granted citizenship ? I did intend to take this job, and return to Canada upon being granted citizenship but changed my intentions after becoming a citizen. It's a stupid and IMO an unconstitutional clause. The fact that the minster has his own representation means nothing, it's only the legal wording of the bill that counts.
 

MUFC

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And the Law sais that this applies until the Oath.
After that you are finally free to leave Canada.

Simple ;)
 

yr97

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MUFC said:
And the Law sais that this applies until the Oath.
After that you are finally free to leave Canada.

Simple ;)
Did you read what I typed earlier ? Yes, the law says this applies till u take the oath, but if they found out 50 years later after oath that there's fraud u'll be revoked. Now the the fraud for something like lying about a simple fact (for example ur criminal record) is one thing, and lying about ur intentions "back then" is another thing..
 

yr97

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Let me make it simpler for you. You apply for citizenship, took your oath. Now you're a citizen. You're saying the the intent clause doesn't apply to you. Okay. So if you go live abroad and went on public tv and said "I never intended to stay in Canada", would you, according to your own interpretation be revoked or not ?
 

keesio

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yr97 said:
Did you read what I typed earlier ? Yes, the law says this applies till u take the oath, but if they found out 50 years later after oath that there's fraud u'll be revoked. Now the the fraud for something like lying about a simple fact (for example ur criminal record) is one thing, and lying about ur intentions "back then" is another thing..
If your plan all along is to leave Canada when you applied for citizenship and CIC someone finds hard evidence of this, then yes, I suppose that is indeed something to worry about.

If you never had any intent to leave then you are good.
 

yr97

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keesio said:
If your plan all along is to leave Canada when you applied for citizenship and CIC someone finds hard evidence of this, then yes, I suppose that is indeed something to worry about.

If you never had any intent to leave then you are good.
No I'm not good, because I feel like a citizen on parole!. Okay, in the case you admit it it's clear, but this clause gives the government the power to put new citizens "under the spot" for figuring out if there is any "hard" evidence that your intentions "WERE" to never stay in Canada. And without a court, this is just simply stupid.
 

arambi

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yr97 said:
One of the questions you have to answer `yes` in the new form is this:

I intend, if granted citizenship,

to continue to reside in Canada;

So yes, some ppl say(and I agree with them), that the government will have the power to investigate all "new citizens" who live abroad, looking for any signs that the person's intent to move was in fact before they aquired citizenship (e.g, was looking for a job, or bought a new home abroad and moved out of Canada as soon as granted citizenship). That clause of the bill allows the government to consider this as misrepresentation or fraud, hence revoke the person's citizenship.
Correct interpretation
+1 for you