The document summarizes changes to Canadian citizenship policy from 2010 to 2016. It discusses how the Conservative government in 2014 made citizenship harder to obtain and easier to lose, while the Liberal government in 2016 implemented some reversals. Specifically, the 2014 changes increased residency requirements, language and knowledge testing, while the 2016 changes reduced residency time, restored previous age limits, and repealed revocation of citizenship for dual nationals accused of terrorism or treason. Overall, the 2016 adjustments aimed to restore a balance between meaningful commitment to Canada and a welcoming, inclusive approach.
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Canadian Citizenship: From "harder to get and easier to lose" to a New Balance
1. Canadian Citizenship
From “Harder to get and easier to lose” to a new balance
Andrew Griffith
Conference Board of Canada Immigration Summit
Ottawa April 2016
2. Agenda
• Policy context and history
• Statistics
• 2010 Changes and impact
• 2014 Changes and expected impact
• 2016 Partial reversal and expected impact
• Longer-term implications
2
3. Policy Context
Global vs Local
• Citizenship: Facilitation vs. Meaningfulness
• Multiculturalism: Accommodation vs. Integration
• Conservatives stress meaningfulness (value),
integration
• Liberals stress facilitation and accommodation
(diversity and inclusion)
3
4. History
• Pre-1947: British subjects
• 1947: Canadian Citizenship Act
• Legal recognition
• Preference British subjects
• Dual nationality not recognized
• 1977: Equity
• British preference removed
• Dual nationality recognized
• Gender and wedlock discrimination removed
• Second generation limit
• 2007 & 2009: Adoption facilitation (removal PR requirement) and addressing ‘Lost Canadians’ historic discrimination
• 2014: Major revamp making citizenship “harder to get and easier to lose”
• 2016: Partial reversal
4
5. Citizenship Take-up
Foreign-born by Place of Birth, NHS 2011
5
Europe
Eastern & SE Asia
Southern Asia
Latin America
West Asia & ME
Caribbean
United States
Africa
Oceania
25% 50% 75% 100%
31%
40%
40%
22%
30%
25%
31%
31%
18%
56%
46%
42%
70%
54%
64%
63%
64%
67%
Canadian Only Dual Nationals Non-Citizens
Number
2,226,100
1,826,205
927,775
676,855
484,985
368,465
316,465
314,890
63,630
7. Citizenship Take-Up
6 Years Since Landing vs All Years Since Landing 2015
20%
40%
60%
80%
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
47%
55%
61%
64%
69%
72%74%
77%
79%80%
47%44%
50%
56%
6Years Since Landing (2014 data) AllYears Since Landing
7
8. Impact 2010 Changes
Percentage Decline by Country of Birth
2010-13 and 2014-15 Compared to 2005-9
Caribbean
South Asian
Southern & East African
West Asian & Mid-East
Central & West African
Latin American
North African
East & SE Asian
South European
East European
Oceania
French
West European
British
North American
North European
-20% -15% -9% -4% 2%
Change 2010-13 from 2005-9 Change 2014-15 from 2005-9
8
Overall Pass Rates
2005-9 96.3%
2010-13 82.7%
2014-15 90.0%
9. Changes 2010
• Emphasis on history, military,
responsibilities
• More rigorous knowledge
test
• Language “pre-assessment”
• Anti-fraud
9
10. 2014 Citizenship Act
Residency and Testing
• Longer residency (4 out of 6), physical presence
• From “honour system” to residency
questionnaire
• “Intent to reside”
• Knowledge and language required 14-65
• Tax returns
10
11. 2014 Citizenship Act
Business Processes
• Removal of citizenship judges
• Ability to cancel incomplete applications
• Electronic means to verify citizenship.
• “Soft” commitment one year processing
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12. 2014 Citizenship Act
Fairness
• “Lost Canadians” fix
• Fees from $100 to $530, plus language testing
(~ $200)
• Revocation
• Fraud: Ministerial discretion
• “Terror and Treason” and dual nationals
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13. Implications Conservative
Changes
• Burden on low-income, less educated and
refugees
• Further reduction in naturalization rate
• Weaker due process
• Revocation measures meant differential
treatment for single and dual nationals for the
same crime
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14. Liberal Changes 2016
Adjustments, not full repeal
• Principle: “A Canadian is a Canadian is a Canadian”
• Repeal revocation for dual nationals for terror or treason
• Remove barriers
• Restore the previous age limits for knowledge and language
testing to 18-54 (~ 10 percent of applicants)
• Repeal the “intent to reside”
• Restore pre-permanent residency time 50 percent credit
• Maintain physical presence but reduce time required to 3 out of
5 years
• New citizenship study guide (replace Discover Canada)
14
15. Liberal Changes 2016 (2)
No changes to integrity measures
Maintain Conservative integrity improvements
• Physical presence, not just legal residency
• Knowledge requirement met in English or French, not through an interpreter
• Bar granting citizenship to those with foreign criminal charges and convictions
• Regulations for citizenship consultants
• Increased fines and penalties for fraud
• Requirement for adult applicants to file Canadian income taxes
New integrity measures
• No longer counting time spent under a conditional sentence order towards
meeting physical presence
• Retroactive application of prohibition of applicants from taking oath if never
met/no longer meet requirements
• Authority to seize fraudulent documents of those used fraudulently
15
16. Liberal Changes 2016 (3)
No changes to efficiency measures
Efficiency
• Ministerial authority to revoke citizenship for routine cases (previously,
Governor in Council)
• Ministerial authority on discretionary grants of citizenship (previously,
Governor in Council)
• Departmental authority to decide what is a complete application
(streamlines processing)
• Single-step processing (previously three-step), ceremonial role for
citizenship judges
Other
• No change to “lost Canadians” provisions
• Fast-track mechanism for Permanent Residents serving in the Canadian
Forces
16
17. Implications Liberal Changes
• Revocation repeal ensures consistent treatment for all
• Removal of testing for 55-64 greater impact than
14-17
• Reduced residency requirement small impact
• More welcoming approach (inclusive language in
citizenship study guide and related materials)
• No weakening of integrity
17
18. Gaps
• Due process in revocation for fraud
• Provide right for oral hearing as with permanent residency revocation
• Review of citizenship fees
• Refugee waiver?
• Lack of lower cost language assessment
• Absence of service standards
18
19. Competitiveness
19
Country Residency Fee CAD Rate MIPEX
UK 5 years $1,740 42% 60
Netherlands 5 years $1,250 70% 66
USA 5 years $905 49% 61
Canada 3 of 5 years $630 75% 67
New Zealand 5 years $420 78% 71
Germany 8 years $380 33% 72
Australia 3 of 4 years $300 70% 69
France 5 years $82 56% 61
MIPEX Indicator is ‘Access to Nationality’
20. Overall
• Conservative integrity improvements with Liberal
facilitation measures
• Restoring the Diefenbaker policy of not stripping
Canadians of citizenship
• Common language on ‘real and meaningful’
commitment to Canada
• Should reverse declining naturalization rate
20
21. Broader Issues
• Dual nationality, diaspora politics and loyalty
• Global mobility vs. belonging — competitiveness
• Declining naturalization rate and increased
proportion of non-citizens
• Other: Voting rights, Birth tourism
21