A kababayan, who is a Permanent Citizen,recently came to see me. With him, he brought all the documents required to apply for Canadian citizenship. While filling up the application form for Canadian citizenship he got stuck with the question: “Are you now charged with, on trial for, or subject to or party to an appeal relating to an offence under the Citizenship Act or an indictable office in Canada? An offence outside Canada?”
He recalled that a year ago he was charged with assault, nevertheless the charges were dropped. His question was if he is he eligible to apply for Canadian citizenship and if the charges would affect his application.
Let us review the Citizenship Act s.22 which deals with the prohibitions on receiving a grant of citizenship.
22 (1) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship
(a) while the person, under any enactment in force in Canada,
(i) is under a probation order,
(ii) is a paroled inmate, or
(iii) is serving a term of imprisonment;
(b) while the person is charged with, on trial for, subject to or a party to an appeal relating to an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act;
(2) Despite anything in this Act, but subject to the Criminal Records Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person has been convicted of an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act,
(a) during the four-year period immediately before the date of the person’s application; or
(b) during the period beginning on the date of the person’s application and ending on the date on which the person would otherwise be granted citizenship or take the oath of citizenship
Based on the above provisions a person cannot apply or be granted citizenship if they:
-Are on probation
-Are an inmate on parole
-Are serving a term of imprisonment
-Are charged with, on trial for, or appealing an indictable offence
During the four years before applying or during the period of applying for citizenship they were convicted of an indictable offence under any Act of Parliament.
Our kababayan was charged previously but the charges were dropped. He has had no convictions in the past four years, is currently NOT on probation, on parole, in jail or has been charged with anything.
So in answer to his question: Yes, he is eligible to apply for Canadian citizenship and none of the provisions above apply to him.
If you have questions regarding the above article you may contact Marjorie at firstname.lastname@example.org
Source: Citizenship Act
A word of caution: You should not act or rely on the information provided in this column. It is not a legal advice. To ensure your interests are protected, retain or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing of ICCRC. The views expressed in this article do not necessarily reflect those of RCIC’s.