ARCHIVED – Operational Bulletins 031 - May 28, 2007

Handling Special Cases of Certain People Living in Canada Without Status

This document has expired. Please refer to the appropriate Program Delivery Instructions for current information.

Background

This operational bulletin (OB) replaces OB 027 of the same name and incorporates the 2007 Citizenship Fees Remission Order. This OB should be read in conjunction with OB 030 “Interim Instructions on Handling Cases on Hold Pending the Taylor Appeal” and OB 032 “Remission of Citizenship Fees”.

The purpose of this OB is to provide instructions for handling the special and unusual hardship cases of people who, for the most part, have lived or are living in Canada under the mistaken belief that they are Canadian citizens.

These people can come to the attention of CIC by:

• applying for a passport or other government benefit and being requested to provide proof of citizenship;
• submitting a citizenship application; or
• contacting the Call Centre who then refers the client to a citizenship officer in CPC Sydney for personalized counselling.

Definitions

In the context of this bulletin, a facilitated grant means expedited processing of a 5(1) grant of citizenship or an 11(1) resumption of citizenship application, or inviting the client to submit an application for a discretionary grant of citizenship under subsection 5(4) of the Citizenship Act.

A notification letter is a letter notifying the clients that their application is on hold pending the final outcome of the Taylor appeal. (See OB 030, “Interim Instructions on Handling Cases on Hold Pending the Taylor Appeal.”)

Procedures for new applications received at CPC Sydney

All incoming applications at CPC Sydney are screened in order to identify cases that should be facilitated including cases that require urgent processing and cases that may potentially lead to a refusal.

Identified cases are forwarded to a specialized team within CPC Sydney who evaluates the application.

Procedures for an application once received or in process

Cases may be identified at CPC Sydney, or local offices, through inquiries or applications for:

• proof of citizenship under section 3, and it is determined that the individual is not a citizen;
• retention of citizenship under section 8, and it is determined the individual does not meet the retention requirements and is no longer a citizen;
• grant of citizenship under subsection 5(1), and it appears the person is not a permanent resident;
• resumption of citizenship under subsection 11(1), the individual does not meet the exception set out in subsection 11(1.1), and it appears the person is not a permanent resident.

Before the citizenship officer issues a refusal letter or a notification letter, or before the citizenship officer refers the application to a citizenship judge for a possible negative decision, the officer will evaluate whether:

1. the client can be approved under a different application (i.e., some clients can meet the requirements for a regular grant under 5(1) or 11(1));
2. the client meets the guidelines listed below for a discretionary grant under subsection 5(4) of the Citizenship Act; or
3. the client should be invited to apply for permanent resident status under the Immigration and Refugee Protection Act.

This evaluation will also include a QRC/FOSS check to confirm the immigration record of the client (if any) and whether the client has an enforcement history with CIC or the CBSA.

Following the officer’s evaluation, the officer will take appropriate action by sending the client a refusal or notification letter, or by referring the application to a citizenship judge for decision, as the individual circumstances of the case may require. Officers should exercise due diligence to ensure that the appropriate letter or follow-up action is taken. For example, the refusal letter explains why the client is not a citizen, and includes a general explanation on options to obtain status in Canada with a reference to CIC’s website. (See Annex 1 for an example of a refusal letter where an officer’s evaluation suggests that the client’s personal situation does not meet the 5(4) guidelines or otherwise appear to meet the criteria for a facilitated grant. See OB 030, “Interim Instructions on Handling Cases on Hold Pending the Taylor Appeal” for an example of a notification letter explaining the impact of the Taylor decision.) Please note that citizenship officers do not generally send refusal letters to subsection 5(1), section 8, or subsection 11(1) applicants. These applicants must be referred to a citizenship judge for decision. See OB 030, “Interim Instructions on Handling Cases on Hold Pending the Taylor Appeal” regarding situations where a section 8 or a subsection 11(1) application should not be referred to the citizenship judge for decision.

If the client appears to meet the requirements of 5(1) or 11(1), the officer will send the client the appropriate letter taking into account the client’s personal circumstance that explains this option. (See Annex 2 for an example of a refusal letter where the client is not a citizen, but may qualify for a facilitated grant by applying under 5(1) or 11(1). See OB 030, “Interim Instructions on Handling Cases on Hold Pending the Taylor Appeal” for an example of a notification letter with 5(1) or 11(1) options.) The officer provides the client with sufficient information so that the client’s application may be processed on a priority basis.

If the client appears to meet the guidelines for a discretionary grant under subsection 5(4), the complete file is sent to Case Management Branch (CMB).

Procedures once application received at CMB

The analyst at CMB will contact by phone clients who could be appropriately dealt with under subsection 5(4) (see guidelines below) and will advise the clients that they will be receiving a letter shortly (refusal or notification letter). The officer will also mention to the client the possibility of applying for citizenship using the discretionary grant under 5(4).

The case analyst, using the script found in Annex 7 as a guide, counsels the clients on their options. The refusal letter mentioning the 5(4) option or the notification letter and separate Fact Sheet on 5(4) are then mailed to the client, along with the appropriate application kit. (See Annex 3 for an example of a refusal letter with 5(4) option. See OB 030, “Interim Instructions on Handling Cases on Hold Pending the Taylor Appeal” for an example of a notification letter with 5(4) Fact Sheet.)

The case analyst provides the clients with sufficient information in order to have their 5(4) application processed on an expedited basis if the clients choose to submit such an application.

Procedures for a referral from the Call Centre – no application in process

The citizenship officer at CPC Sydney contacts the client by phone in order to provide personalized counselling. The citizenship officer tries to determine, based on the information provided by the client, whether the client appears to be a citizen.

If the client appears to be a citizen but has no proof of citizenship, the client is advised to submit an application for a citizenship certificate. If the client needs a document urgently, the officer counsels the client on the necessary steps to take in order to process a citizenship certificate urgently. The script found in Annex 5 can be used as a guide.

In some situations, the officer in CPC Sydney may need to refer a client to a local CIC for assistance. The officer will forward the client’s contact information to the local CIC closest to the client with an explanation for the referral. The local CIC contacts the client and arranges for the client to come to the office for personal assistance.

If it appears that the client may not be a citizen or may have lost citizenship, the officer counsels the client to submit an application for a citizenship certificate in order to clarify the client’s status. The officer counsels the client on the necessary steps to take in order to expedite the processing of the application. The script found in Annex 6 can be used as a guide.

If the officer is able to determine conclusively that the client is not or is no longer a citizen, the officer evaluates whether the client should be advised to apply for a facilitated grant.

If the client appears to meet the requirements of 5(1) or 11(1), or the guidelines or statutory criteria for inviting a 5(4) application, the officer counsels the clients on their options using the script found in Annex 7 as a guide. A letter with options (Annexes 2, 3 or 4) tailored to the client’s personal circumstance is then mailed to the client. If the client chooses to submit an application for a facilitated grant, the client is provided with the necessary information to ensure expedited processing of that application.

Guidelines for inviting a 5(4) application

1. Individual is currently living in Canada (i.e. physically present) at the time of the application or contact with CIC.
2. Individual has lived most of their life in Canada.
3. Individual had a reasonable, but mistaken belief in their status as a Canadian (previous interactions with various government departments are one way of evaluating this criterion, immigration entry document indicates erroneously that the client entered Canada as a Canadian citizen is another).

Note: In general, the individual should meet all three criteria before the individual is invited to submit a 5(4) application. However, officers should also bear in mind that the statutory criteria for a discretionary grant of citizenship under subsection 5(4) specifically authorizes the Governor in Council (GIC) to direct the Minister to grant citizenship to any person “in order to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada”. Some individuals will not meet the above guidelines but will appear to meet the statutory criteria under 5(4) because of the individual’s personal circumstance. Such individuals should generally be counselled that a discretionary grant option exists. When deciding whether an individual should be invited to submit a 5(4) application, officers and agents should use their own judgement based on their experience and expertise and make a determination by relying on their evaluation of the particular circumstances of the individual’s case.

Although each individual’s case should be assessed based on its own unique merits and decisions taken accordingly, individuals would not generally be invited to submit a 5(4) application where:

• they have permanent resident status in Canada or if they were admitted to Canada as temporary residents (this does not include persons who were issued a temporary resident permit in order to facilitate urgent travel);
• they are prohibited from acquiring citizenship; or
• they renounced or were revoked their citizenship under the 1947 or 1977 Acts.

Procedures once 5(4) application received

Whenever a 5(4) application comes to the attention of an officer at CPC Sydney or at the local office, the file must be forwarded to CMB with a synopsis and all documentation. CMB will carefully evaluate the case and recommend the appropriate next steps. If an interview with a citizenship judge is warranted, the CMB officer charged with the file will co-ordinate with a local office to conduct such interviews.

The process contemplated within this bulletin regarding the special cases which might come under the above-described guidelines, or otherwise, that fall within the statutory criteria for a facilitated grant under 5(4), should be administered carefully in order to control and avoid potential abuse of this provision. While each case must be assessed on its own merits, it would normally apply in cases where the persons have resided in Canada since childhood or for many years, under the assumption that they were legally entitled to live in Canada. Most of these cases involve persons who reasonably but mistakenly believe that they are Canadian citizens by birth and did not cease to be Canadian citizens.

This remedy is not generally considered appropriate for cases where the factual circumstances of the case are such that the person or, in the case of a child or a person with a mental disability, the parent or legal guardian knew or ought to have known about the need for an immigration process or that loss of citizenship may have occurred or did occur. Likewise, these procedures are not generally intended to apply in circumstances where persons have not followed, or actively sought to circumvent, the normal immigration and/or naturalization rules (e.g., where a person, outside the usual immigration procedures required for all intending immigrants, simply moved to Canada and now wishes CIC to regularize their status).

Circumstances may come to light which suggest that a person was improperly authorized to enter Canada as a Canadian citizen or permanent resident, without having that status. In such cases, CIC will conduct an examination of the facts of the person’s entry to Canada. The investigating officer/analyst will confirm the results of their investigation in writing and add this information to the person’s file for consideration.

Once 5(4) decision made

If the decision is not to make a favourable recommendation to the GIC, or if the GIC decides not to direct the Minister of Citizenship and Immigration to grant citizenship, CMB will prepare and send a refusal letter to the client with explanations on how to apply for permanent resident status before sending the file back to CPC Sydney for retirement.

If the GIC directs the Minister to grant citizenship, the analyst handling the case phones the local office manager to advise him or her that the file is forthcoming. The phone call is followed up by e-mail to confirm the conversation; the appropriate regional program advisor is copied on that e-mail. The analyst in CMB ensures that the file is ceremony ready in GCMS and transfers the file urgently.

Once the file is received, the local office phones the client to determine the client’s availability for a ceremony or a private ceremony before a citizenship judge, which will be scheduled within two weeks. If necessary, the local office sends an e-mail to nat-cit-operations@cic.gc.ca to request urgent delegation by the Registrar for a CIC manager or officer to administer the oath privately at a date and time convenient to the client, if a citizenship judge is not available.

Local offices advise CMB with a copy to nat-cit-operations@cic.gc.ca when a 5(4) applicant has been scheduled to take the oath and once the oath has been administered. Local offices and CPC Sydney also advise NHQ through an e-mail sent to the address above when a client whose application was on hold pending the Taylor appeal acquires citizenship under 5(1) or 11(1).

Questions

Questions about this operational bulletin should be sent to the Citizenship Program Unit, Operational Management and Coordination Branch at nat-cit-operations@cic.gc.ca.

ANNEX 1 – NO FACILITATION

For clients who are in Canada without status – client does not meet 5(4) guidelines and client’s personal situation does not appear to warrant a 5(4) grant based on guidelines or on special and unusual hardship

(Office)

Date

Client ID:

Dear (Client):

I am writing to you as a follow-up to a recent telephone conversation on _____. (I am writing to you about your application for a citizenship certificate dated _____.)

(As I explained to you on the telephone,) based on your application and the documents you submitted (or based on the information you provided and which I was able to validate according to our records), I have determined you are not currently a Canadian citizen because you do not meet the requirements of the Citizenship Act. In particular (details tailored to individual application).

In addition, according to our records, you are not a permanent resident as defined in the Immigration and Refugee Protection Act.

As you are in Canada without status, you may wish to consider other means of regularizing your status in Canada, such as by making an application to remain in Canada as a permanent resident under section 25 of the Immigration and Refugee Protection Act, or if you have a spouse or common-law partner who meets the sponsorship undertaking requirements, your spouse or common-law partner could submit a sponsorship application on your behalf.

Please consult our website at www.cic.gc.ca for more information or contact our Call Centre at 1-888-242-2100.

Sincerely,

Citizenship Officer

ANNEX 2 – MEETS 5(1) OR 11(1)

For clients who are not citizens but appear to meet the requirements for a facilitated grant under 5(1) or 11(1) – Not affected by Taylor decision and stay order

(Office)

Date

Client ID:

Dear (Client):

I am writing to you as a follow-up to a recent telephone conversation on _____. (I am writing to you about your application for a citizenship certificate dated _____.)

(As I explained to you on the telephone,) based on your application and the documents you submitted (or based on the information you provided and which I was able to validate according to our records), I have determined you are not currently a Canadian citizen because you do not meet the requirements of the Citizenship Act. In particular (details tailored to individual application).

It would appear, however, that you may meet the requirements for becoming a Canadian citizen under a different provision of the Citizenship Act.

I have enclosed an Application for Canadian Citizenship (or an Application to Resume Canadian Citizenship) in case you wish to pursue becoming a Canadian citizen. Please note that as this application is a grant of citizenship, you will become a citizen only if you meet all the requirements and once you have taken the oath of citizenship. The grant of citizenship is not retroactive to your birth. As such, only your children born after you acquire citizenship will automatically be citizens if they are born outside Canada.

Should you choose to apply, please complete and return the enclosed application, with requested documents and application fee, within ninety (90) days of the date of this letter. In order to avoid delay, please use the enclosed envelope (or please send to the attention of…).

The total fee is $200.00 for the grant application; however, CIC will apply your previously submitted fee of $75.00 to this balance. Therefore please submit $125.00 with your application. (These instructions are different if the applicant ceased to be a citizen. The correct application to complete would be a resumption application and the additional fees would be $25.00.)

We also do not require additional photos as we will use the ones you have already submitted. (Delete this paragraph if the client does not have an application in process. If photos are over a year old, request new photos.)

If I do not receive your application before the end of the 90 day period, your file will be considered closed and any future application for a grant of citizenship will require that you send a new application, full fees and documents to our case processing centre in Sydney, Nova Scotia.

Should you require additional information, please do not hesitate to contact me at… or please consult our website at www.cic.gc.ca or contact our Call Centre at 1-888-242-2100.

Sincerely,

Citizenship Officer

ANNEX 3 – MEETS GUIDELINES UNDER 5(4)

For clients who appear to meet the guidelines or have other indicia of “special and unusual hardship” for a facilitated grant of citizenship under 5(4) – Not affected by Taylor decision and stay order

(Office)

Date

Client ID:

Dear (Client):

I am writing to you as a follow-up to a recent telephone conversation on _____. (I am writing to you about your application for a citizenship certificate dated _____.)

(As I explained to you on the telephone,) based on your application and the documents you submitted (or based on the information you provided and which I was able to validate according to our records), I have determined you are not currently a Canadian citizen because you do not meet the requirements of the Citizenship Act. In particular (details tailored to individual application).

In addition, according to our records, you are not a permanent resident as defined in the Immigration and Refugee Protection Act.

Based on the circumstances of your particular situation, I recommend that you apply for a discretionary grant of citizenship. Although you are not a permanent resident, which is a requirement for a grant of citizenship, there is a provision in the law that addresses special cases. Under subsection 5(4) of the Citizenship Act, the Governor in Council (GIC) has the discretionary authority to direct the Minister of Citizenship and Immigration to grant citizenship to any person to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada. The GIC is a committee of Cabinet Ministers and has authority under the Act for making decisions in these types of cases. Since the decision to grant citizenship rests with the GIC, I cannot guarantee the outcome of your application.

To apply for a grant of citizenship requesting special consideration under 5(4), please complete the enclosed “Application for Canadian Citizenship – Adults”. Since you are not a permanent resident, you may leave questions 7(a) and 7(g) of the application blank as they do not apply to you. Also required for your application are the following documents: a letter explaining the reasons you would like your application for a discretionary grant to be considered by the Minister and the GIC. In addition to any other factors which you might wish to mention, you should specifically indicate in your application whether you are currently living in Canada and for how long; whether you were under a mistaken belief that you were a Canadian citizen, and if yes why [officer could also identify any other “special and unusual hardship factors” following file evaluation; list additional documents if required].

The total fee for a discretionary grant is $200.00. However, it appears that you may be exempt from paying this fee under the 2007 Citizenship Fees Remission Order. If it is determined that you are exempt from paying this fee, the $75.00 processing fee you previously submitted will be refunded to you if your application for a discretionary grant is approved and you obtain citizenship. If it is determined that you are not exempt from paying this fee, the $75.00 processing fee you previously submitted will be allocated to your new application leaving a balance payable of $125.00. We will advise you if additional fees are required. (These instructions are different if the applicant ceased to be a citizen. The correct application to complete would be a resumption application, the total fees would be $100, leaving a balance of $25.00.)

Should you choose to apply under this provision, please complete and return the enclosed application, with requested documents, within ninety (90) days of the date of this letter. To avoid delay, please use the enclosed envelope (or please send to the attention of…).

After the application has been received, it will be reviewed. This may result in a favourable recommendation to the GIC. If you are not subject to any security or criminal prohibitions in Canada (as outlined in the application kit) and your application is approved by the GIC, you will be invited to a citizenship ceremony to take the oath of citizenship which is the final step in becoming a Canadian citizen. You would then receive a citizenship certificate at the ceremony.

If a decision is made to not refer your application to the GIC, or if the GIC does not approve your application, you will be advised in writing.

Please note that as this is a grant of citizenship, you will become a citizen once you have taken the oath. If you have children who are not Canadian citizens and you would like them to become Canadian at the same time as you, you will also have to submit an application for each child (includes adult children).

If I do not receive your application before the end of the 90 day period, your file will be considered closed and any future application for a grant of citizenship will require that you send a new application, full fees and documents to our Case Processing Centre in Sydney, Nova Scotia.

Should you require additional information about your citizenship application, please do not hesitate to contact me at….

Sincerely,

Citizenship Officer

ANNEX 4 – 5(4) AND PERMANENT RESIDENT OPTION

For clients who are in Canada with no status – client does not appear to meet 5(4) guidelines but client’s personal situation could possibly warrant a 5(4) grant based on other indicia of "special and unusual hardship"

(Office)

Date

Client ID:

Dear (Client):

I am writing to you as a follow-up to a recent telephone conversation on _____. (I am writing to you about your application for a citizenship certificate dated _____.)

(As I explained to you on the telephone,) based on your application and the documents you submitted (or based on the information you provided and which I was able to validate according to our records), I have determined you are not currently a Canadian citizen because you do not meet the requirements of the Citizenship Act. In particular (details tailored to individual application).

In addition, according to our records, you are not a permanent resident as defined in the Immigration and Refugee Protection Act.

As you are neither a permanent resident nor a Canadian citizen there are two options available for you to acquire status in Canada:

1. apply for a discretionary grant of Canadian citizenship, or
2. apply for permanent residence.

Please note that the information provided in this letter is not a decision or a guarantee on the outcome of either option.

To obtain a decision in respect to the options described below, you must make an application and submit the appropriate documents and fees.

Discretionary Grant of Citizenship

Although you are not a permanent resident, which is a requirement for a grant of citizenship, there is a provision in the law that addresses special cases. Under subsection 5(4) of the Citizenship Act, the Governor in Council (GIC) has the discretionary authority to direct the Minister of Citizenship and Immigration to grant citizenship to any person to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada. The GIC is a committee of Cabinet Ministers and has authority under the Act for making decisions in these types of cases. Since the decision to grant citizenship rests with the GIC, I cannot guarantee the outcome of your application.

To apply for a grant of citizenship requesting special consideration under 5(4), please complete the enclosed “Application for Canadian Citizenship – Adults”. Since you are not a permanent resident, you may leave questions 7(a) and 7(g) of the application blank as they do not apply to you. Also required for your application are the following documents: a letter explaining the reasons you would like your application for a discretionary grant to be considered by the Minister and the GIC; [list additional documents if required]; and a payment of $125.00. The total fee is $200.00 for the grant application; however, the $75.00 processing fee you previously submitted will be allocated to your new application leaving a balance payable of $125.00. (These instructions are different if the applicant ceased to be a citizen. The applicant would therefore have to complete a resumption application; the total fees would be $100, leaving a balance of $25.00.)

Should you choose to apply under this provision, please complete and return the enclosed application, with requested documents and fee, within ninety (90) days of the date of this letter. To avoid delay, please use the enclosed envelope (or please send to the attention of…).

After the application has been received, it will be reviewed. This may result in a favourable recommendation to the GIC. If you are not subject to any security or criminal prohibitions in Canada (as outlined in the application kit) and your application is approved by the GIC, you will be invited to a citizenship ceremony to take the oath of citizenship which is the final step in becoming a Canadian citizen. You would then receive a citizenship certificate at the ceremony.

If a decision is made to not refer your application to the GIC, or if the GIC does not approve your application, you will be advised in writing.

Please note that as this is a grant of citizenship, you will become a citizen once you have taken the oath. If you have children who are not Canadian citizens and you would like them to become Canadian at the same time as you, you will also have to submit an application for each child (includes adult children).

If I do not receive your application before the end of the 90 day period, your file will be considered closed and any future application for a grant of citizenship will require that you send a new application, full fees and documents to our Case Processing Centre in Sydney, Nova Scotia.

Application for Permanent Residence

The other option is to apply for permanent residence in Canada. You could apply for permanent residence status pursuant to section 25(1) of the Immigration and Refugee Protection Act. Under this provision the Minister of Citizenship and Immigration, on request, may grant permanent resident status or an exemption from meeting certain legislative criteria to a foreign national if the Minister feels it is justified by humanitarian and compassionate considerations relating to them. This is a discretionary decision determined on a case by case basis, therefore there can be no guarantee of the outcome of your application. Alternatively, if you have a spouse or common-law partner who meets the sponsorship undertaking requirements, your spouse or common-law partner could submit a sponsorship application on your behalf.

To find out more about applying for permanent residence and to obtain an application, please contact the Call Centre at 1-888-242-2100 or visit the CIC website at www.cic.gc.ca. Please note that fees paid for your citizenship application cannot be reallocated towards an application for permanent residence or sponsorship.

Should you require additional information about your citizenship application, please do not hesitate to contact me at….

Sincerely,

Citizenship Officer

ANNEX 5 – SCRIPT GUIDE – CLIENT IS CITIZEN

For clients who are citizens

Good morning/Good afternoon,

My name is ______________________ and I am calling on behalf of the Department of Citizenship and Immigration Canada.

I am calling you in regard to your recent inquiry with our Department on obtaining proof of your Canadian citizenship. You have indicated that you do not currently have an application in process but that you have recently found yourself in a position where your status as a Canadian citizen has been questioned.

Based on the information you have provided to me, it appears that you may be a Canadian citizen. If you do not currently have proof of citizenship (such as a Canadian birth certificate, citizenship certificate, naturalization certificate, RAB, etc.) or if you would like an official confirmation, you should submit an application for a citizenship certificate.

Once your application and supporting documentation and fees are submitted, a citizenship officer will review your application and make a final determination. If you are found to be a Canadian citizen, a citizenship certificate will be issued to you.

Would you like me to send you an Application for a Citizenship Certificate?

ANNEX 6 – SCRIPT GUIDE – CLIENT MAY NOT BE A CITIZEN

For clients who may not be citizens - suspected

Good morning/Good afternoon,

My name is ______________________ and I am calling on behalf of the Department of Citizenship and Immigration Canada.

I am calling you in regard to your recent inquiry with our Department on obtaining proof of your Canadian citizenship. You have indicated that you do not currently have an application in process but that you have recently found yourself in a position where your status as a Canadian citizen has been questioned.

Based on the information you provided, it appears that you may not be a Canadian citizen. However, citizenship legislation is complex and a citizenship officer will only be able to provide an official determination if you submit an application for a citizenship certificate.

Once your application and supporting documentation and fees are submitted, a citizenship officer will be able to assess and make a final determination on your status. If you are found to be a Canadian citizen, a citizenship certificate will be issued to you. If you are found not to be a Canadian citizen, the citizenship officer would then provide you with an options letter following that officer’s evaluation of the particular circumstances of your application.

Would you like me to send you an Application for a Citizenship Certificate?

ANNEX 7 – SCRIPT GUIDE – CLIENT IS NOT A CITIZEN

For clients who are not citizens – confirmed

Good morning/Good afternoon,

My name is ______________________ and I am calling on behalf of the Department of Citizenship and Immigration Canada.

(If referral from Call Centre)
I am calling you in regard to your recent inquiry with our Department on obtaining proof of your Canadian citizenship. You have indicated that you do not currently have an application in process but that you have recently found yourself in a position where your status as a Canadian citizen has been questioned.

(If application in process and not a case on hold pending the Taylor appeal)
I am calling you in regard to your citizenship application. I have made an assessment of your application and wanted you to be aware that you will be receiving a letter shortly.

Based on the information you provided and that I was able to confirm through our records (or based on the information in your application), I have made a determination that you are not a Canadian citizen.

(If referral from Call Centre)
I will shortly be sending you a letter describing your options to regularize your status in Canada.

(If application in process and not a case on hold pending the Taylor appeal)
This letter will explain why that determination was made and provide you with options on regularizing your status in Canada.

Your options include (mention only those that apply – provide details only if client asks):

• apply for a grant of citizenship

Because you are a permanent resident of Canada and have lived in Canada for more than 3 years, you appear to be eligible to apply for a grant of citizenship.

You could apply for citizenship by completing an Application for Canadian Citizenship. Please note that as this application is a grant of citizenship, you will become a citizen only if you meet all the requirements and once you have taken the oath of citizenship. The grant of citizenship is not retroactive to your birth.

• apply to resume your citizenship (11(1))

Because you are a former citizen and you also are a permanent resident of Canada and have lived in Canada for more than a year, you appear to be eligible to apply for a resumption of citizenship.

You could apply to resume citizenship by completing an Application to Resume Canadian Citizenship. Please note that as this application is a grant of citizenship, you will become a citizen only if you meet all the requirements and once you have taken the oath of citizenship. The grant of citizenship is not retroactive to your birth.

• apply to resume your citizenship (11(1.1))

Because you are a former citizen and lost citizenship as a minor between January 1, 1947 and February 14, 1977, you appear to be eligible to apply for a resumption of citizenship.

You could apply to resume citizenship by completing an Application to Resume Canadian Citizenship. Please note that as this application is a grant of citizenship, you will become a citizen only if you meet all the requirements and once you have taken the oath of citizenship. The grant of citizenship is not retroactive to your birth.

• apply for a discretionary grant of citizenship, or

Although you are not a permanent resident, which is a requirement for a grant of citizenship, there is a provision in the law that addresses special cases. Under subsection 5(4) of the Citizenship Act, the Governor in Council (GIC) has the discretionary authority to direct the Minister of Citizenship and Immigration to grant citizenship to any person to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada. The GIC is a committee of Cabinet Ministers and has authority under the Act for making decisions in these types of cases. Since the decision to grant citizenship rests with the GIC, I could not guarantee the outcome of your application. Citizenship may be granted under this provision where the circumstances of your case warrant such a discretionary grant.

If you are not subject to any security or criminal prohibitions in Canada (as outlined in the application kit) and your application is approved by the GIC, you will be invited to a citizenship ceremony to take the oath of citizenship which is the final step in becoming a Canadian citizen. You would then receive a citizenship certificate at the ceremony. You will become a citizen only if the GIC approves your application and only once you have taken the oath of citizenship. The grant of citizenship is not retroactive to your birth.

• apply for permanent resident status

The other option is to apply for permanent resident status under the Immigration and Refugee Protection Act. For example, you could apply to remain in Canada as a permanent resident pursuant to subsection  25(1) of the Immigration and Refugee Protection Act (IRPA). Under this provision the Minister of Citizenship and Immigration may grant permanent resident status or an exemption from meeting certain legislative criteria to a foreign national if the Minister feels it is justified by humanitarian and compassionate considerations relating to them.

Since the decision rests with the Minister, I cannot guarantee the outcome of your application.

Alternatively, if you have a spouse or common-law partner who meets the sponsorship undertaking requirements, your spouse or common-law partner could submit a sponsorship application on your behalf.

After you receive your letter, if you have any questions or require assistance, please do not hesitate to call me at …