How to become a Canadian citizen

Maple leaf card is a permanent resident card.

Canadian citizenship loses China citizenship, and China has no dual citizenship.

Medical insurance is a permanent resident, but it depends on your income family.

You don't have to work to immigrate to Canada, but you have to have money to spend at home. Applicants must first be legal permanent residents of Canada, that is, they already have immigration status;

2. As the main applicant, to apply for naturalization, you must be at least 18 years old;

3. The applicant must have lived in Canada for three years in the past four years from the date of applying for naturalization (in these four years, one day after the applicant officially becomes a legal immigrant in Canada can only be counted as one day, and the day before officially becoming an immigrant can only be counted as half a day. In other words, an applicant who has lived in Canada for two years can be considered as an official immigrant for one year. Before becoming a formal immigrant, no matter how long the applicant lives in Canada, it can only be counted as one year at most. Four years ago, even if the applicant had lived in Canada, it didn't count. During this four-year period, the applicant can leave Canada, but the cumulative time of residence in Canada must reach three years. For example, applicants who came to Canada on 1988 1 month 1 day cannot apply for naturalization before 19901February 3 1 day. If the applicant has left Canada during this period, the time of leaving Canada must be deducted. In addition, the term of imprisonment or conditional parole cannot be counted as three years of residence in Canada);

4. Without any of the following circumstances; Is considered a threat to Canada's security; An expulsion order has been issued; Conditionally released from prison or supervised or paroled; He is still in prison; He has committed criminal offences in the past three years since he applied for naturalization.

5. Can use French or English, that is, can use one of the two official languages of Canada to communicate;

6. Have a certain understanding of Canada, including the rights and obligations of citizens, Canada's political system, history, geography and so on. (During the naturalization class, two booklets, Canadian Citizens and A Glance at Canada, will be distributed to applicants, which contain the above contents);

7. Complete the naturalization oath and signature procedures.

Anyone who meets the above conditions can become a Canadian citizen. Children under the age of 18 can also become Canadian citizens when their parents become Canadian citizens. The application is made by his/her father, mother or guardian. A child's application for naturalization can be submitted together with his parents, or he can apply separately after one of his parents becomes a Canadian citizen. If children and parents apply at the same time, they can basically get citizenship cards at the same time. /kloc-applicants over 0/4 years old should sign the application form, attend the swearing-in ceremony and sign after swearing-in.

The Canadian Citizenship Act requires that in order to obtain Canadian citizenship, applicants must have lived in Canada for three years in the past four years before they can be naturalized. First of all, the time period considered in the nationality law is only the past four years, and it cannot be counted forward. Secondly, the "Citizenship Law" requires the parties to live in Canada for a high time density. It is to meet the requirement of living for three years in four years. That is, you have to "live" in Canada for 3/4 of the time.

Different definitions of "domicile" by two schools of judges

As mentioned earlier, the Canadian Citizenship Act requires applicants to "live" in Canada for three years in the past four years before they can be naturalized. However, the term "residence" is not defined in the Citizenship Law. Therefore, judging from the legal provisions of the nationality law itself, we can't see how to "live" in Canada. Because the term "domicile" is not defined in legislation, the definition of this term can only be determined through judicial interpretation. The so-called judicial interpretation is the judgment of the court. In fact, there are a large number of cases in the federal court of Canada, which have made various explanations on the definition of the word "domicile" in the Citizenship Law. Basically, the judges of the federal court in Canada can be divided into two groups in the interpretation of this issue.

One school of judges believes that the concept of "residence" is a physical concept. This school for judges believes that since the law requires you to live in Canada for three out of four years, you must actually live in Canada for three years. If you don't actually live in Canada in the physical sense, I can't approve your naturalization.

The other school of judges has a completely different view. They believe that the concept of "residence" is a social and psychological concept. A person's body can be in one place and his residence can be in another place. For example, a person goes to Hawaii for a holiday. When the locals ask him where he lives, he won't say that he lives in Hawaii just because he is currently in Hawaii. He will definitely say that my home is in Vancouver or Taipei. Therefore, this school of judges believes that a person's place of residence is determined according to his "life center". According to this school of judges, as long as a person's "center of gravity" shifts to Canada, even if he does not actually live in Canada in the "physical sense", he can still be considered to have lived in Canada. When his "focus of life" has been transferred to Canada for three years, he can still meet the requirement of three years' residence required by civil law, and then he can be granted naturalization.

How to judge a person's "focus of life"

When judging whether a person's "focus of life" has shifted to Canada, the judge will consider many life factors of the party concerned, such as whether he has a spouse or other family members in Canada, his real estate purchase in Canada, his social activities and employment in Canada, his tax payment in Canada and so on. Every case has a different situation. The sum of all the situations constitutes the evidence of this person's "life center".

When judging whether a person's "focus of life" has shifted to Canada, the judge will also consider whether the reason for the party to leave Canada is temporary. If a person's reason for leaving the country is temporary, it is easier to conclude that his "focus of life" has shifted to Canada. If a person still has a fixed job outside Canada, or the reason for leaving the country is long-term, it is easy to assume that his "focus of life" has not shifted to Canada.

If the client's "focus of life" does not really move to Canada, it is still difficult for him to obtain citizenship even if the case is decided by these judges who take "focus of life" as the standard.

There have been a large number of cases in the federal court of Canada to discuss the "life center" of the parties. In many cases, it is decided that although the applicant does not actually live in Canada, he can still be naturalized because his "focus of life" has been transferred to Canada for three years. At the same time, there are many other situations, because people's "focus of life" did not move to Canada at that time, so naturalization was not allowed.

For example, a federal court case is 1978. The applicant has been studying in the United States for a long time, and I have not lived in Canada for three years. The applicant's parents are not in Canada, he is unmarried and only some friends are in Canada. During the winter and summer vacations, the applicant returned to Canada to live for a period of time and visit friends. The judge finally concluded that when the applicant left Canada, he had settled in Canada. He is only a foreign student in America, so this is temporary. His address is actually in Canada, so the focus of his life is still in Canada. Therefore, he met the requirement of living for three years. Although he often left the country for the United States during these three years, his application for naturalization was approved.

However, the author recently saw a case similar to the above case. The applicant is also a graduate student in America. However, different from the previous case, the parents, brothers and sisters of the parties lived in Canada and obtained Canadian citizenship. However, the applicant's application for naturalization was eventually rejected by the judge. When the judge interviewed him, he asked a clear question. Since you want to be naturalized, why not go to Canada for postgraduate study but to the United States? The applicant's answer is that he was not admitted to Canadian universities such as UBC at that time. Only American universities accepted him. The judge concluded that I can't help you then. You'd better go back to Canada to work after graduate school. Apply after living for three years.

There is also a federal court case of 1995. The litigant comes from Taiwan Province Province and owns real estate and company property in Canada. His house is worth 2 million Canadian dollars. He and his spouse invested100000 Canadian dollars in a golf course and 750000 Canadian dollars in another company. In the third year after emigration, he was employed by a sporting goods company, and the company sent him back to Taiwan Province Province to be the manager of purchasing department and the head of production department. The reason why he accepted this job is that his elderly father still needs his care in Taiwan Province Province. He only lived in Canada for 25 1 day for four years. Although the income in Canada is declared, the annual income is less than 18000 USD. The judge finally decided that the focus of this person's life was not in Canada, so he could not be considered to have lived in Canada. His application for naturalization was eventually rejected.

The author successfully handled a number of naturalization proceedings in the Federal Court. There is such a precedent that the applicant stayed in Asia for a long time because of the need to export Canadian products. His spouse and children both live in Canada and have become citizens. He himself is an "astronaut" who travels between Canada and Asia. His annual exports amount to more than10 million dollars. He owns a house, a car and a bank account in Canada. The judge finally decided that his life focus was still in Canada, so although he didn't actually appear in Canada for a long time, he still met the three-year residence requirement and met the conditions for naturalization. So his application was approved.

The conclusion is that there are no applicants who have actually lived in Canada for three years, and their chances of successful naturalization application largely depend on which school judge you meet. At the same time, it depends on what documents you have to prove that your "focus of life" has shifted to Canada.

How to provide proof of "life center"

When proving a person's "life center", the general judge should look at the following documents:

1. The living schedule of both parties in Canada. The length of time is the basic data to judge the focus of a person's life. Therefore, this information is necessary. In addition, the timetable can not only show how long a person has stayed in Canada, but also judge his lifestyle. Lifestyle is also very important for judging a person's life focus.

2. Employment, work or education in the past few years. A person's occupation or education always represents the focus of a person's life. Everyone, in a certain period of time, will always concentrate on their work or study. Therefore, if a person has his own company in Canada and goes overseas for his company's business in Canada, it can be considered that the focus of life has shifted to Canada. However, it does not mean that a person has his own career in a Canadian company, and the focus of life will definitely shift to Canada. Especially when that company's overseas business is not very active, it only exports one or two healthy foods or cosmetics every year, and his personal tax is not high, it is easy to judge that this person should have other businesses overseas. If he has other business overseas, it will be a problem to determine the focus of his life in Canada. In addition, if you are studying abroad, you are generally studying in a junior college (such as a doctor or a master). When you return to Canada in winter and summer vacation, you are more likely to think that your life focus has shifted to Canada. However, according to the author's experience, it is difficult to prove that the focus of life has shifted to Canada if you receive skills training overseas, such as studying beauty in Japan or studying tourism in Singapore.

3. Medical card. This is a useful document to prove the focus of a person's life. However, it should be pointed out that not all holders of medical cards legally own these cards. For example, in BC province, if a person has been abroad for more than half a year (regardless of the reasons for leaving the country), his medical card should be invalid. So the medical card in his hand failed to prove that his focus of life had shifted to Canada.

4. Real estate license. If a person owns his own house in Canada, it is important evidence that his life center has moved to Canada.

5. Proof that the spouse's children live in Canada. Spouses and children are always the focus of a person's life. Therefore, the residence of spouse and children is generally the focus of this person's life. However, it should also be noted that if only the children are in Canada and the spouse is not in Canada, then the focus of this person's life has definitely not shifted to Canada.

6. Telephone and TV bills.

7. Bank statement.

8. Canadian shopping records.

9. Proof of children studying in Canada.

My Canadian tax form.

1 1. Library card, membership card, driver's license, life insurance policy, etc. In Canada.

Car insurance in Canada.

13. In family insurance.

14. Proof of reasons for going abroad. The purpose of these documents is to prove that your going abroad is justified, temporary and short-term. After these reasons are eliminated, you will go back to Canada to live immediately.

The more complete the above documents, the more you can show that your "focus of life" has been transferred to Canada. In addition, the use of these documents needs clever coordination. This is not simply piling up files together. Applicants need to be able to use these documents to show that the focus of your life has indeed shifted to Canada.

The probability that a person who has not lived for three years applies for naturalization depends on what kind of judge the applicant meets.

First of all, if he met a judge who insisted that he must live in Canada for three of the four years, then people at that time had no chance to defend themselves. Secondly, if he meets a judge who takes the "life center" as the standard, he still needs to try to convince the presiding judge to confirm that his "life center" has indeed moved to Canada. Because this group of judges will not approve all applicants under three years in four years. The applicant still has to convince this group of judges with facts.

Therefore, the chances of successful application for naturalization for those less than three years first depend on the applicant's own luck. Because judges are not allowed to choose (no judges shop) and are appointed by the court. If you are unlucky enough to meet a judge who has persisted for three years, then the applicant has nothing to say at the hearing. Because, no matter how much you say, it's no use talking. These judges won't listen.

Secondly, the success rate of applying for naturalization for those who have not lived for three years depends on the actual situation of the applicant. If the judge you meet is based on "life center", the applicant's own situation will play a decisive role. Some cases are inherently flawed. Even judges who take the "life center" as the standard will not approve these applicants' naturalization applications. Finally, the probability of successful application for naturalization for those under three years depends on the relevant experience of the applicant's lawyer.

Judging from the actual application process, applicants under three years generally have to go through two procedures. First of all, it is reviewed by the judges of the citizens' court. If the applicant has not lived for three years, the approval of the citizens' court will be reviewed by the Ministry of Justice. The Ministry of Justice has an operating rule. If the applicant has not lived for three or even two years in the past four years, and the judge of the civil court approves his application, the Ministry of Justice must appeal the case to the federal court. If the applicant has not lived in Canada for three years in the past four years, but has lived for more than two years, and the judge of the civil court has approved the applicant's application for naturalization, the Ministry of Justice can generally stop investigating whether the judge of the civil court has made mistakes.