Stirling Faux once again welcomed Maynard Kischer Stojicevic partners Gordon Maynard and Rudolf Kischer to CISL 650’s The Law Show on July 5. This time, the topics of focus included changes to the revocation process, the intent-to-stay requirement and birth rights to Canadian citizenship.
Among the many requirements for those applying for Canadian citizenship is the intent-to-stay requirement.
“Applicants for a grant of citizenship, in addition to showing that they’ve been in Canada for the right amount of time, also have to declare, that they intend to live in Canada,” explains Gordon.
Even after citizenship is granted, the government may consider an extended trip out of the country evidence that an applicant misrepresented their intent to stay. That’s why it’s best to speak with a lawyer during this process, says Rudolf.
“Forewarned is fore-armed, so I think it’s to everybody’s benefit to be educated on what they’re applying for.”
Though citizenship offers many rights and protections, it can still be revoked. The new revocation process has left those important decisions to administrators, instead of with the federal court.
“I don’t think they’ve hit the right balance,” says Rudolf about the new revocation rules. “What they could’ve done, is put some sort of tribunal perhaps, if not a federal court process, in which we’d have some sort of third party review those decisions.”
When it comes to birth rights, those born in Canada are automatically citizens, even if their parents are foreign visitors on a short stay. The question is, why does Canada allow what is sometimes called “birth tourism”?
“The underlying premise is, we don’t want people to be stateless,” explains Rudolf. “The idea is, if you are born in Canada, you’re part of our Canadian family and you have a right to remain here. Statelessness is a problem worldwide for certain minorities.”
Finally, Rudolf explains, there are four levels of status for those residing in Canada: without status; temporary status, permanent resident; and citizen.
“Citizenship is the gold standard,” says Rudolf. “As an immigration lawyer, if we’re trying to get people’s rights, those are the rights we want to get because those allow someone to stay in Canada. If something goes wrong in their life, they generally don’t have to worry about being removed from Canada, if they have to leave for long periods of time, they’re allowed to come back, and they’re allowed to fully participate in Canadian political life.”
Learn more about the services of MKS Immigration and Citizenship law and find out how they can help you with your immigration needs.
The Law Show with Stirling Faux airs every Sunday at 11:00 am on CISL 690.
To listen to the complete audio interview, click the play button below left.
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