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Becoming a Canadian citizen is an important step for many permanent residents who have established their lives in Canada. A Canadian Citizenship application requires more than simply holding permanent resident status. Applicants must satisfy the applicable physical presence, tax filing, language, knowledge, and other requirements under Canadian citizenship law.
At Nadeem Law Office, we assist permanent residents with Canadian Citizenship applications and related matters, including physical presence calculations, application documentation, citizenship issues, requests from immigration authorities, refusals, and Federal Court judicial review where appropriate.
With our head office in Mississauga and branch offices in Cambridge and London, Ontario, we provide legal assistance with Canadian Citizenship and immigration matters.
The requirements for Canadian Citizenship depend on the type of application and the applicant’s circumstances.
For a typical adult grant of citizenship application, an applicant generally must:
An applicant does not necessarily need a valid PR Card to apply. IRCC states that an eligible permanent resident may apply with a valid or expired PR Card.
Physical presence is one of the most important requirements for Canadian Citizenship.
For a standard adult citizenship application, an applicant generally must have been physically present in Canada for at least 1,095 days during the five years immediately before the date of the application.
The five-year eligibility period is calculated backwards from the date the applicant signs the application. IRCC encourages applicants to apply with more than exactly 1,095 days in case there is an error in the calculation or an absence affects the total.
Applicants who travel frequently or have complicated travel histories should carefully calculate their physical presence before submitting the application.
Certain time spent in Canada before becoming a permanent resident may count toward the Canadian Citizenship physical presence requirement.
Within the applicable five-year eligibility period, each eligible day spent in Canada as a temporary resident or protected person before becoming a permanent resident generally counts as one-half day.
A maximum of 365 days of credit can be obtained from qualifying pre-permanent-resident time. At least 730 days within the five-year eligibility period must therefore be accumulated as a permanent resident.
This can be particularly relevant to applicants who previously lived in Canada as international students, workers, visitors, or protected persons.
Applicants should carefully record all relevant absences from Canada when calculating eligibility for Canadian Citizenship.
Travel history can become more complicated for individuals who:
IRCC provides a physical presence calculator for determining whether an applicant has accumulated the required number of days.
Where the calculation is close to the minimum requirement, applying with an appropriate additional margin can reduce the risk that a discrepancy brings the applicant below 1,095 days.
An applicant may also need to satisfy Canadian income tax filing requirements.
IRCC currently states that an applicant may need to have filed Canadian income taxes for at least three years during the five-year period immediately before applying, where filing was required.
The citizenship application asks applicants about their tax filing obligations and whether the required returns were filed.
Tax filing requirements and physical presence are separate elements of citizenship eligibility and should both be considered before applying.
Applicants who are 18 to 54 years of age on the date they sign their application generally must demonstrate adequate knowledge of either English or French.
IRCC describes the requirement as sufficient ability to participate in short everyday conversations and understand simple instructions, questions, and directions.
Applicants can establish their language ability through forms of evidence accepted by IRCC.
In certain circumstances, an applicant may request a waiver of the language requirement on compassionate grounds. Whether a waiver may be appropriate depends on the applicant’s individual circumstances.
Applicants between the applicable ages may also be required to demonstrate knowledge of Canada and of the responsibilities and privileges of citizenship.
This is generally assessed through the Canadian Citizenship test.
The test covers subjects relating to Canada, including its history, geography, government, laws, symbols, and the rights and responsibilities associated with Canadian citizenship.
Applicants should follow the current instructions provided by IRCC concerning the citizenship test and any further steps required after completing it.
During the processing of a Canadian Citizenship application, IRCC may request additional documents or information.
Depending on the circumstances, an applicant may also be asked to attend an interview or otherwise provide information to address questions concerning eligibility.
Issues can arise regarding:
A request from IRCC should be reviewed carefully and answered within the applicable deadline.
Certain circumstances can prevent an applicant from being granted Canadian Citizenship.
The Citizenship Act contains prohibitions relating to specified criminal, security, immigration, and citizenship matters.
For example, prohibitions can arise in circumstances involving imprisonment, parole or probation, certain pending criminal proceedings, removal orders, war crimes or crimes against humanity, and specified previous citizenship decisions involving misrepresentation or fraud.
The existence and duration of a prohibition depend on the particular circumstances.
Applicants with a criminal history, pending charge, previous citizenship refusal, removal order, or other potentially relevant issue should consider obtaining legal advice before submitting a citizenship application.
Different rules can apply to citizenship applications involving children under 18.
The appropriate application depends on the child’s circumstances, including whether a parent is already Canadian or is applying for citizenship at the same time.
Some minors apply under provisions that do not require them to satisfy the same requirements as an independent adult applicant, while other minor applications have their own physical presence and tax requirements.
For example, IRCC’s current requirements for certain minor applications under subsection 5(1) include 1,095 days of physical presence during the five-year eligibility period.
The appropriate citizenship route should therefore be determined based on the circumstances of the child and parents.
Not everyone seeking evidence of Canadian Citizenship needs to apply for a grant of citizenship.
A person who may already be a Canadian citizen—for example, because of a Canadian parent—may instead need to apply for a Canadian citizenship certificate as proof of citizenship.
Citizenship-by-descent rules have undergone important legislative changes. Current rules can depend on matters such as when and where the person and their Canadian parent were born and, in some cases, the Canadian parent’s physical presence in Canada.
For example, current IRCC guidance states that for certain persons born outside Canada on or after December 15, 2025, where the Canadian parent was also born outside Canada, the parent must establish at least 1,095 days of physical presence in Canada before the child’s birth.
Because citizenship-by-descent cases can differ significantly from ordinary permanent-resident citizenship applications, the correct application should be identified before proceeding.
Applicants who satisfy the applicable requirements may be invited to participate in a citizenship ceremony and take the Oath of Citizenship.
Taking the oath is generally the final step in becoming a Canadian citizen for applicants who are required to take it.
Following the citizenship ceremony, the new citizen receives a citizenship certificate as evidence of Canadian Citizenship.
Some Canadian Citizenship applications involve issues that require additional documentation or legal analysis.
These can include:
Identifying these issues before submitting the application can help determine what evidence or explanation may be required.
A Canadian Citizenship application may be refused where the decision-maker determines that the applicant has not satisfied one or more requirements of the Citizenship Act.
Depending on the case, a refusal may involve concerns about physical presence, language or knowledge requirements, prohibitions, documentation, misrepresentation, or another eligibility requirement.
A citizenship refusal should be reviewed carefully to determine the reasons for the decision and the appropriate next step.
Depending on the circumstances, an applicant may consider whether to submit a new application after addressing the underlying issue or whether there are grounds to challenge the decision before the Federal Court.
A person affected by a decision under the Citizenship Act may, where appropriate, seek leave and judicial review before the Federal Court of Canada.
Judicial review is not a new Canadian Citizenship application. The Court reviews the decision to determine whether there is a legal basis for judicial intervention.
Under section 22.1 of the Citizenship Act, an application for leave generally must be filed with the Federal Court and served on the other party within 30 days after the applicant is notified of or otherwise becomes aware of the matter. The Court may allow additional time for special reasons.
Leave from the Federal Court is required before the matter proceeds to a judicial review hearing.
If judicial review is successful, the Court may set aside the decision and return the matter for reconsideration in accordance with the Court’s judgment. The appropriate remedy depends on the circumstances and the decision under review.
Because the 30-day deadline is relatively short, legal advice should be obtained promptly following a citizenship refusal.
At Nadeem Law Office, we assist clients with Canadian Citizenship matters including:
We review each client’s immigration and citizenship history, identify potential issues, and provide advice based on the applicable requirements.
Applying for Canadian Citizenship is an important step for permanent residents who meet the applicable requirements. Careful review of physical presence, travel history, tax filing, language requirements, and other eligibility considerations can help identify issues before an application is submitted.
If your Canadian Citizenship application has been refused, it is important to review the decision promptly, particularly where Federal Court judicial review is being considered.
Nadeem Law Office assists clients with Canadian Citizenship applications, complex citizenship matters, refusals, and judicial review through our offices in Mississauga, Cambridge and London, Ontario.
Contact Nadeem Law Office to schedule a consultation regarding your Canadian Citizenship application or related citizenship matter.
info@nadeemlaw.com