July 14, 2017 – In the latest immigration.ca livestream video, immigration lawyer Colin Singer discusses a range of topics including Canada Express Entry and recent changes to the Canadian Citizenship Act.
Singer explains the reasons behind the rise in CRS score on the June 28th draw, including a one month gap between the most recent Express Entry draws, and that Canada immigration authorities were allowing the pool to recalibrate.
Recent changes to the Comprehensive Ranking System (CRS) saw points introduced for a high level of French language and for having a sibling in Canada.
Watch the Livestream Video Here:
“A month of no draw saw the pool grow,” Singer said. “Combine that with major changes to the Express Entry points system, and you have a number of candidates in the pool who are able to capitalize.
“That has the affect of pushing up the CRS score.
“But as we saw in 2016 when changes took place, you will see an easing of the CRS score over time. It’s likely you will now see a gradual fall in the CRS score.”
Singer also suggested Immigration, Refugees and Citizenship Canada (IRCC) would be looking to conduct a further 15 Canada Express Entry draws in the second half of 2017. This would put the total draws at more than 30 and the number of Invitations to Apply (ITAs) at between 75,000 and 100,000.
Singer also analyzes important developments, including Ontario’s Immigrant Nominee Program targeting ICT professionals, the Trump Effect on Canada, the new Global Talent Stream, Post Graduate Work Permit processing times, and the Quebec Immigrant Investor Program (QIIP).
On citizenship, immigration attorney Singer explained how recent changes to the Canadian Citizenship Act were a long time coming.
“The citizenship file was a controversial one in that it was the remnants of the former Conservative government, which put in place really harsh measures to become a citizen,” Singer said. “It moved the pendulum backwards compared to where it was previously.
“The Liberals came in on a platform of revising the citizenship act – a Canadian is a Canadian is a Canadian.
“They planned to put it in place last summer, but it wasn’t smooth sailing. It was eventually approved on June 19, but it is not yet fully in force. The government will put the major provisions on a staggered basis. The heavy lifting will be done in fall 2017.”
Summary of Citizenship Act Changes
| Previous Citizenship Act | Citizenship Act with Bill C-6 Amendments |
| Citizenship could be revoked from dual citizens convicted of treason, spying and terrorism offences, depending on the sentence received, or who were a part of an armed force of a country or organized group engaged in conflict with Canada. | This provision is repealed. Dual citizens living in Canada who are convicted of these crimes will face the Canadian justice system, like other Canadian citizens who break the law. |
| Applicants were required to intend to continue to live in Canada if granted citizenship. | This provision is repealed. Applicants are no longer required to intend to continue to live in Canada once granted citizenship. This provides more flexibility to Canadians who may need to live outside of Canada for work or personal reasons. |
| The Minister had the discretion to waive certain requirements under subsection 5(1) of the Citizenship Act so a minor could obtain citizenship without a Canadian parent. | Minors can now apply for citizenship without a Canadian parent, as the age requirement for citizenship has been removed under subsection 5(1). A person having custody of the minor or empowered to act on their behalf by court order, written agreement or operation of law, can now apply for citizenship on behalf of the minor, unless that requirement is waived by the Minister. |
| No provision existed to prevent individuals serving a sentence in the community (a conditional sentence order) from being granted citizenship, taking the Oath of Citizenship or counting this time towards meeting the physical presence requirements for citizenship. | Individuals serving a conditional sentence will not be granted citizenship, take the Oath of Citizenship, or be able to count this time towards meeting the physical presence requirements for citizenship. |
| The Minister has the discretion to grant citizenship to a person to alleviate cases of special and unusual hardship, or to reward services of an exceptional value to Canada. | Statelessness has been added as a stand-alone ground that can be considered for a discretionary grant of citizenship. |
| The Department has reasonable measures to accommodate the needs of citizenship applicants. However, there was no explicit reference to accommodate persons with disabilities in the Citizenship Act. | The requirement to take into consideration reasonable measures to accommodate the needs of a citizenship applicant who is a disabled person is now included in the Citizenship Act. |
| The requirement for applicants to maintain the requirements for citizenship from the time they apply for citizenship until taking the Oath of Citizenship only applied to applications received on or after June 11, 2015. | This requirement now also applies to all applications, including those received before June 11, 2015. |
| Previous Citizenship Act | Citizenship Act with Bill C-6 Amendments |
| Applicants had to be physically present in Canada for four out of six years before applying for citizenship. | Applicants must be physically present in Canada for three out of five years before applying for citizenship. |
| Applicants had to file Canadian income taxes, if required to do so under the Income Tax Act, for four out of six years, matching the physical presence requirement. | Applicants must file Canadian income taxes, if required to do so under the Income Tax Act, for three out of five years, matching the new physical presence requirement. |
| Applicants had to be physically present in Canada for 183 days in four out of the six years preceding their application. | This provision is repealed. Applicants no longer have to meet this requirement. |
| Time spent in Canada prior to becoming a permanent resident did not count towards the physical presence requirement for citizenship. | Applicants may count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days. |
| Applicants between 14 and 64 years had to meet the language and knowledge requirements for citizenship. | Applicants between 18 and 54 years must meet the language and knowledge requirements for citizenship. |
| Previous Citizenship Act | Citizenship Act with Bill C-6 Amendments |
| The Minister was the decision-maker for most cases of citizenship revocation on the grounds of false representation, fraud, or knowingly concealing material circumstances. The Federal Court was the decision-maker for citizenship revocation cases involving false representation, fraud, or knowingly concealing material circumstances related to security, human or international right violations, and organized criminality. | The Federal Court is the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision. |
| There was no clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents provided under the Citizenship Act. | Clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents is provided under the Citizenship Act. |
