Applying for Canadian Citizenship

As an immigration lawyer based in Windsor, Ontario, Christina Loebach helps individuals with many different immigration needs. A popular service that clients seek guidance and assistance with is applying for Canadian citizenship after holding permanent resident status. This blog post considers the current eligibility requirements for obtaining citizenship after becoming a permanent resident. This process is different from the process for applying for proof of Canadian citizenship when applying for citizenship by descent. For more information on obtaining citizenship by descent, check out our recent blog post.

Eligibility for Adults (18 years and older)

To apply for a grant of Canadian citizenship as an adult, you must meet the following requirements:

• Already be a permanent resident of Canada;

• Meet the physical presence requirement of at least 1,095 days (3 years) during your 5-year eligibility period;

• Have filed income tax returns in Canada, if needed, for at least 3 years during the 5-year eligibility period;

• Demonstrate adequate knowledge of English or French, if between the ages of 18 to 54;

• Pass the citizenship test, if between the ages of 18 to 54; 

• Take the oath of citizenship; and

• Not be under a prohibition, which generally relates to criminal or security reasons.

Physical Presence Requirement

Applicants must be able to demonstrate that they have been physically present in Canada for at least 1,095 days (3 years) during the 5-year eligibility period. The eligibility period ends the day before the applicant signs the application. The physical presence requirement for applying for citizenship is higher than the requirement for retaining permanent resident status (currently 730 days of physical presence in Canada for a 5-year period).

Some time spent in Canada as a temporary resident may be included in calculations, but at least 730 days of physical presence must have been while the applicant was holding valid permanent resident status. 

English or French Language Skills

Applicants between the ages of 18-54 on the date they sign the application must be able to demonstrate that they have adequate knowledge of English or French. “Adequate knowledge” means that they can demonstrate speaking and listening skills that are equivalent to level 4 of the Canadian Language Benchmarks (CLB) for English, or Niveaux de compétence linguistique canadian (NCLC) for French.

Applicants who attended a secondary or post-secondary program in English or French, whether inside or outside of Canada, can send a copy of their diploma, transcript, or certificate as proof of their language proficiency. The proof must be in English or French, or accompanied by a certified translation showing that the language of instruction of the program was English or French. Otherwise, applicants must provide language test results or proof from certain government-funded language training programs.

Pass the Citizenship Test

Applicants between the ages of 18-54 on the date they sign the application must take the Canadian citizenship test. Testing occurs after the application is submitted, not in advance. The test is usually taken online, but in some instances applicants may be asked to take the test in person or over video call. The government provides a free Citizenship Test Study Guide and Citizenship Test Practice Questions to help applicants prepare.

There are 20 questions, and you must score at least 15/20 in order to pass the test. Applicants have three chances to pass the test.

Eligibility for Minors (under the age of 18)

Depending on the eligibility of their parents, minors can apply for Canadian citizenship through one of two processes: Minor 5(2) or Minor 5(1).

Under the Minor 5(2) process, minors may apply if they have a Canadian parent or a parent who is applying for citizenship at the same time. The Minor 5(2) applicant must already hold valid permanent resident status, meaning they must not have a removal order or unfulfilled conditions related to their permanent resident status. Additionally, Minor 5(2) applicants must not be under a prohibition, which are generally related to criminal or security issues. Finally, Minor 5(2) applicants must take the oath of citizenship if they are between the ages of 14-17 years old.

Minor 5(1) is the process for minor applicants who do not have a Canadian parent or a parent who is applying for citizenship at the same time. The Minor 5(1) applicant must already hold valid permanent resident status, meaning they must not have a removal order or unfulfilled conditions related to their permanent resident status. Under this process, the Minor 5(1) applicant must be able to prove that they were physically present in Canada for at least 1,095 days (3 years) during their 5-year eligibility period. This must include at least 730 days that the minor spent as a permanent resident. In some circumstances, the Minor 5(1) applicant may need to file taxes in Canada for at least 3 years during their 5-year eligibility period. Minor 5(1) applicants also must not be under a prohibition, which are generally related to criminal or security issues. Finally, Minor 5(1) applicants must take the oath of citizenship if they are between the ages of 14-17 years old.

If you would like Christina to provide legal advice on applying for a grant of Canadian citizenship, please schedule a consultation.