Citizenship Act

Marginal note:Grant of citizenship

• 5 (1) The Minister shall grant citizenship to any person who

  • (a) makes application for citizenship;

  • (b) is eighteen years of age or over;

  • (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since becoming a permanent resident,

    • (i) been physically present in Canada for at least 1,460 days during the six years immediately before the date of his or her application,

    • (ii) been physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and

    • (iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;

  • (c.1) intends, if granted citizenship,

    • (i) to continue to reside in Canada,

    • (ii) to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, or

    • (iii) to reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

  • (d) if under 65 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;

  • (e) if under 65 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and

  • (f) is not under a removal order and is not the subject of a declaration by the Governor in Council made pursuant to section 20.

• Marginal note:Period of physical presence — spouse or common-law partner of citizen

  (1.01) Any day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

• Marginal note:Period of physical presence — permanent residents

  (1.02) Any day during which an applicant for citizenship was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

• Marginal note:Period of physical presence — residing with permanent residents

  (1.03) Any day during which an applicant for citizenship was the spouse or common-law partner, or child, of a permanent resident referred to in subsection (1.02) and resided with that permanent resident shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

• Marginal note:Intention

  (1.1) For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person’s intention must be continuous from the date of his or her application until they have taken the oath of citizenship.

• Marginal note:Canadian Armed Forces — permanent resident

  (1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who

  • (a) during the six years immediately before the date of his or her application, completed three years of service in the Canadian Armed Forces; and

  • (b) has met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the six years immediately before the date of his or her application.

  However, paragraph (1)(c) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

• Marginal note:Canadian Armed Forces — person attached or seconded

  (1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the six years immediately before the date of his or her application, completed three years of service with the Canadian Armed Forces.

• Marginal note:Grant of citizenship

  (2) The Minister shall grant citizenship to any person who is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is the minor child of a citizen, if

  • (a) an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child;

  • (b) the person has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident;

  • (c) in the case of a person who is 14 years of age or over at the date of the application, he or she has an adequate knowledge of one of the official languages of Canada; and

  • (d) in the case of a person who is 14 years of age or over at the date of the application, he or she demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship.

• Marginal note:Waiver by Minister on compassionate grounds

  (3) The Minister may, in his or her discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds,

  • (a) in the case of any person, the requirements of paragraph (1)(d) or (e) or (2)(c) or (d);

  • (b) in the case of a minor,

    • (i) the requirement respecting age set out in paragraph (1)(b),

    • (ii) the requirement respecting length of physical presence in Canada set out in paragraph (1)(c),

    • (iii) the requirement respecting intent set out in paragraph (1)(c.1), or

    • (iv) the requirement respecting the taking of the oath of citizenship;

  • (b.1) in the case of any person who is incapable of forming the intent referred to in paragraph (1)(c.1) or 11(1)(e) because of a mental disability, the requirement respecting that intent; and

  • (c) in the case of any person who is prevented from understanding the significance of taking the oath of citizenship by reason of a mental disability, the requirement to take the oath.

• Marginal note:Special cases

  (4) Despite any other provision of this Act, the Minister may, in his or her discretion, grant citizenship to any person to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada.

• Marginal note:Statelessness — bloodline connection

  (5) The Minister shall, on application, grant citizenship to a person who

  • (a) is born outside Canada after the coming into force of this subsection;

  • (b) has a birth parent who was a citizen at the time of the birth;

  • (c) is less than 23 years of age;

  • (d) has been physically present in Canada for at least 1,095 days during the four years immediately before the date of his or her application;

  • (e) has always been stateless; and

  • (f) has not been convicted of any of the following offences:

    • (i) a terrorism offence, as defined in section 2 of the Criminal Code,

    • (ii) an offence under section 47, 51 or 52 of the Criminal Code,

    • (iii) an offence under subsection 5(1) or any of sections 6 and 16 to 22 of the Security of Information Act, or

    • (iv) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in subparagraph (ii) or (iii).

• Marginal note:No oath required

  (6) A person who is granted citizenship under subsection (5) is not required to take the oath of citizenship.