1.Canadian Citizenship vs. Refugee Status
Before diving into the details, it is essential to understand the difference between Canadian citizenship and refugee status.
Canadian citizenship is a legal status that grants individuals the rights and responsibilities of being a Canadian citizen, such as the right to vote, access to social benefits, and the ability to hold a Canadian passport. Once granted citizenship, individuals are considered equal members of Canadian society, regardless of their country of origin.
“Canadian citizens have rights and responsibilities. These come to us from our history, are secured by Canadian law, and reflect our shared traditions, identity, and values.” - Government of Canada
On the other hand, refugee status is a temporary protection granted to individuals who have been forced to flee their country of origin due to a well-founded fear of persecution, conflict, or violence. Refugee status provides these individuals with the right to live in Canada and access basic services, such as healthcare and education, while they await a more permanent solution, like resettlement or integration.
“Refugees are people who have fled their countries because of a well-founded fear of persecution. They are not able to return home. They have seen or experienced many horrors.” - Government of Canada
In this article, we will outline the process for refugees to apply for Canadian citizenship, including the eligibility criteria, application process, and key considerations throughout the journey.
2.Refugee Status in Canada
Definition of a Refugee
In Canada, a refugee is defined as an individual who has been forced to flee their country of origin due to a well-founded fear of persecution, conflict, or violence. This persecution may be based on reasons such as race, religion, nationality, political opinion, or membership in a particular social group. The 1951 Refugee Convention and the 1967 Protocol, to which Canada is a signatory, provide the foundation for the legal definition and protection of refugees.
“A refugee is someone who has been forced to flee his or her country because of persecution, war or violence. A refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group.” - UNHCR
The Refugee Claim Process
Refugees can make a claim for protection in Canada either upon arrival at a port of entry or from within the country. The refugee claim process involves the following steps:
- Making a claim: The individual must express their intention to make a refugee claim to a Canadian immigration officer, who will provide them with the necessary forms to complete.
- Eligibility interview: After submitting the completed forms, the claimant will have an eligibility interview with an immigration officer to determine if their claim can be referred to the Immigration and Refugee Board of Canada (IRB).
- Referral to the IRB: If the claim is found eligible, it will be referred to the IRB’s Refugee Protection Division (RPD), an independent tribunal responsible for determining refugee claims.
- RPD hearing: The claimant will attend a hearing before an RPD member, who will assess the claim and decide whether to grant refugee protection based on the evidence presented.
- Decision: If the RPD member grants refugee protection, the claimant becomes a protected person in Canada. If the claim is denied, the individual may have the option to appeal the decision or apply for a judicial review.
For more information on the refugee claim process, visit the Government of Canada’s website.
Protected Persons in Canada
In Canada, a protected person refers to someone who has been found to be in need of protection and has been granted refugee status or another form of protection by the Immigration and Refugee Board of Canada (IRB). This designation includes both Convention refugees and persons in need of protection.
“A protected person is someone who has been found to be a Convention refugee or a person in need of protection by the Immigration and Refugee Board of Canada (IRB) or who has received a positive Pre-Removal Risk Assessment (PRRA) from Immigration, Refugees and Citizenship Canada (IRCC).” - Government of Canada
Protected persons are entitled to certain rights and benefits in Canada, such as the right to work, access healthcare, and enroll in education programs. Moreover, protected persons can apply for permanent residence, which is a crucial step towards obtaining Canadian citizenship.
“Protected persons can apply for permanent residence from within Canada. Once they become permanent residents, they can apply for Canadian citizenship.” - Government of Canada
In the following sections, we will discuss the eligibility criteria for Canadian citizenship, focusing on the requirements specific to refugees and protected persons, as well as the application process and steps involved in becoming a Canadian citizen.
3. Requirements for Canadian Citizenship
General Eligibility Criteria
To apply for Canadian citizenship, there are certain general eligibility criteria that all applicants, including refugees and protected persons, must meet. These criteria help ensure that prospective citizens possess a strong connection to Canada, understand their rights and responsibilities, and can effectively contribute to Canadian society.
Permanent Resident Status
All applicants must have permanent resident status in Canada, which grants them the right to live, work, and study in the country indefinitely. Protected persons can apply for permanent residence after their refugee claims have been accepted by the IRB. It is important to note that applicants must not be under a removal order or under investigation for immigration fraud to maintain their permanent resident status.
“You must have permanent resident (PR) status in Canada, have no unfulfilled conditions related to that status, and your PR status must not be in question.” - Government of Canada
Residency Requirements
Applicants must meet the residency requirements by physically living in Canada for at least 1,095 days (three years) within the five years preceding their citizenship application. Time spent as a protected person before obtaining permanent resident status can count towards these residency requirements.
“You must have been physically present in Canada for at least 1,095 days during the five years right before the date you applied.” - Government of Canada
Language Proficiency
To become a Canadian citizen, applicants between the ages of 18 and 54 must demonstrate language proficiency in either English or French, Canada’s official languages. Proficiency can be demonstrated through various means, including the results of a government-approved language test, transcripts from a Canadian educational institution, or evidence of completion of a government-funded language program.
“You must be able to show that you can speak and listen in English or French at the Canadian Language Benchmarks (CLB) Level 4 or higher.” - Government of Canada
Knowledge of Canada and Citizenship Responsibilities
Applicants for Canadian citizenship must also demonstrate a thorough understanding of Canada’s history, culture, values, and institutions, as well as the rights and responsibilities of Canadian citizens. This knowledge is assessed through the citizenship test, which covers topics such as Canadian history, geography, government, and the rights and responsibilities of citizenship.
“You must take a test to show that you have adequate knowledge of Canada and the responsibilities and privileges of citizenship. The test is on subjects like Canada’s history, geography, economy, government, laws, and symbols.” - Government of Canada
The citizenship test is typically a written test, but applicants may be asked to take an oral test with a citizenship officer if needed. Passing the test demonstrates that the applicant has a solid understanding of the fundamental aspects of Canadian life and is prepared to fulfill the responsibilities that come with being a Canadian citizen.
In addition to the general eligibility criteria, refugees and protected persons must also meet specific requirements related to their unique circumstances, which will be discussed in the next section.
Eligibility Criteria Specific to Refugees
While refugees and protected persons must meet the general eligibility criteria for Canadian citizenship, there are certain aspects specific to their unique circumstances that must also be addressed.
Transitioning from Refugee Status to Permanent Residency
For refugees and protected persons, the first step towards Canadian citizenship is obtaining permanent resident status. Once the IRB has granted refugee protection, individuals can apply for permanent residence from within Canada. It is important to submit the permanent residence application as soon as possible after being granted protection, as delays may affect eligibility for citizenship.
“You may apply for permanent residence from within Canada after you receive a positive decision on your refugee claim or after you are accepted as a privately sponsored refugee.” - Government of Canada
Meeting Residency Requirements as a Refugee
Refugees and protected persons must still meet the physical presence requirement of 1,095 days within the five years preceding their citizenship application. However, the time spent in Canada as a protected person before obtaining permanent residence can count towards meeting this requirement.
“Each day you were physically present in Canada as an authorized temporary resident or protected person before becoming a permanent resident within the last 5 years counts as one half day, with a maximum of 365 days, towards your physical presence.” - Government of Canada
By considering the time spent as a protected person, refugees can potentially reach the required physical presence more quickly than other applicants. This recognition ensures that refugees can transition smoothly from temporary protection to full participation in Canadian society as citizens.
4. Application Process for Canadian Citizenship
Navigating the application process for Canadian citizenship can be complex, but by gathering the necessary documents and following the required steps, refugees and protected persons can successfully apply for citizenship.
Gathering Necessary Documents
Before submitting a citizenship application, applicants must gather various documents to support their eligibility for citizenship. These documents typically fall into three categories: personal identification, proof of residency and status, and language proficiency documents.
Personal Identification
Applicants must provide personal identification documents, such as a valid passport or travel document, a birth certificate, or other official documents that confirm their identity, date of birth, and country of origin. These documents help establish the applicant’s identity and ensure that they meet the age requirements for citizenship.
Proof of Residency and Status
To confirm their residency in Canada and their status as a permanent resident, applicants must provide documents such as their Permanent Resident Card, Record of Landing, or Confirmation of Permanent Residence. Additionally, they should include any travel documents or passports used while residing in Canada to demonstrate their physical presence in the country during the required time period.
Language Proficiency Documents
As mentioned earlier, applicants between the ages of 18 and 54 must provide evidence of their proficiency in English or French, Canada’s official languages. This can be done through one of the following methods:
- Government-approved language test: Submit results from a Citizenship and Immigration Canada (CIC) approved third-party test, such as the Canadian English Language Proficiency Index Program (CELPIP) or the Test d’évaluation de français (TEF), demonstrating a minimum proficiency level of Canadian Language Benchmarks (CLB) Level 4 or higher.
“You must submit acceptable proof that you have adequate knowledge of English or French, such as: results of a CIC-approved third-party test.” - Government of Canada
- Canadian educational institution transcripts: Provide evidence of completion of secondary or post-secondary education in English or French. This can include transcripts or diplomas from Canadian high schools, colleges, or universities, demonstrating that the applicant has studied in one of the official languages.
“Evidence of completion of secondary or post-secondary education in English or French, in Canada or abroad.” - Government of Canada
- Government-funded language program: Submit proof of completion and achievement of the appropriate level in a government-funded language program, such as the Language Instruction for Newcomers to Canada (LINC) or Cours de langue pour les immigrants au Canada (CLIC) program.
“Evidence of completion and achieving CLB/NCLC 4 or higher in a government-funded language program.” - Government of Canada
Submitting the appropriate language proficiency documents is essential to demonstrate that the applicant meets the language requirements for Canadian citizenship.
Completing the Application Forms
Applicants must complete the necessary forms for Canadian citizenship, including the Application for Canadian Citizenship form (CIT 0002), along with any supplementary forms required based on their specific circumstances.
“To apply for citizenship, you’ll need to fill out the Application for Canadian Citizenship.” - Government of Canada
- Paying the Application Fees
The application process involves paying the required fees, which include the processing fee and the Right of Citizenship fee. As of September 2021, the total fee for adult applicants is $630, while for minor applicants, the fee is $100.
“The fees for applying for Canadian citizenship are $630 for adults and $100 for minors.” - Government of Canada
Submitting the Application Package
Once the forms are completed and the necessary documents are gathered, applicants must mail their application package to the appropriate processing center. The application package should include the completed forms, supporting documents, and proof of payment for the application fees.
“Mail your completed application in a stamped envelope to the address shown in the instruction guide.” - Government of Canada
Submitting the Application Package
Once the forms are completed and the necessary documents are gathered, applicants must mail their application package to the appropriate processing center. The application package should include the completed forms, supporting documents, and proof of payment for the application fees.
“Mail your completed application in a stamped envelope to the address shown in the instruction guide.” - Government of Canada
Taking the Citizenship Test
After submitting the application, eligible applicants aged 18 to 54 will be required to take the citizenship test. The test assesses the applicant’s knowledge of Canadian history, geography, government, and rights and responsibilities of citizenship. The test is typically administered in a written format but may be conducted orally in some cases.
“If you’re between 18 and 54 years of age, you must take the citizenship test. The test is about Canada’s history, geography, government, and the rights and responsibilities of citizenship.” - Government of Canada
Attending the Citizenship Ceremony
Once the application is approved and the citizenship test is successfully completed, applicants will be invited to attend a citizenship ceremony. The ceremony is a significant event where applicants take the Oath of Citizenship, which is the final step in becoming a Canadian citizen. During the ceremony, applicants pledge their commitment to Canada and accept the rights and responsibilities of Canadian citizenship.
“If your application is approved, you will be invited to a citizenship ceremony. You’ll take the Oath of Citizenship and receive your citizenship certificate at the ceremony. This is the last step to becoming a Canadian citizen.” - Government of Canada
Attending the citizenship ceremony is mandatory, and applicants must bring their original documents, including their Permanent Resident Card, Record of Landing, or Confirmation of Permanent Residence, as well as a valid government-issued identification
Upon taking the Oath of Citizenship and receiving their citizenship certificate, individuals officially become Canadian citizens and are entitled to all the rights and privileges that come with Canadian citizenship.
5. Rights and Responsibilities of Canadian Citizens
Rights of Canadian Citizens
Canadian citizenship comes with several rights that are protected under the Canadian Charter of Rights and Freedoms. Some of the most important rights include:
- Obeying the law: All Canadian citizens are expected to follow federal, provincial, and municipal laws, which help maintain a safe and orderly society.
- Voting in elections: As a Canadian citizen, participating in the democratic process by voting in federal, provincial, and municipal elections is an important responsibility.
- Serving on a jury: Citizens may be called upon to serve as jurors in legal trials, which is a crucial aspect of the Canadian justice system.
- Helping others in the community: Being a responsible citizen also means contributing to the well-being of the community, such as volunteering, participating in community events, and helping neighbors in need.
- Protecting and enjoying our heritage and environment: Canadian citizens are responsible for preserving the natural and cultural heritage of the country, as well as promoting environmental sustainability for future generations.
- Filing taxes: Paying taxes on time and accurately is a civic responsibility that helps fund essential government services, including healthcare, education, and infrastructure.
By fulfilling these responsibilities, Canadian citizens contribute to a strong, diverse, and inclusive society that upholds the values of democracy, equality, and multiculturalism.
Summary of the Article
This article aimed to provide a comprehensive understanding of the process for refugees to become Canadian citizens. We discussed the difference between refugee status and Canadian citizenship, the general eligibility criteria for citizenship, the specific requirements for refugees, and the application process, including necessary documents, forms, fees, and the citizenship test and ceremony. Lastly, we covered the rights and responsibilities of Canadian citizens.
Final Thoughts on the Path to Canadian Citizenship for Refugees
The path to Canadian citizenship for refugees may seem challenging, but with the proper information and guidance, it is achievable. The journey from being a refugee to becoming a Canadian citizen is a significant milestone for many, as it offers security, stability, and a sense of belonging in their new home country. By understanding and fulfilling the requirements, refugees can successfully navigate the citizenship process and ultimately contribute to the diverse and vibrant fabric of Canadian society.
