Court grants Ottawa extension to fix ‘lost Canadians’ citizenship rules

Original deadline was completely unrealistic given legislative process and flawed draft legislation having no time limit to meet residency requirements, unlike for Permanent Residents (1,095 days within 5 years):

Immigration officials will have until Dec. 19 to enact Bill C-71, which would automatically confer Canadian citizenship on people born abroad to a Canadian parent who is also born abroad before the changes take effect. Until then, lost Canadians can only try to reclaim their citizenship on an emergency basis.

At the same time, officials must also roll out a system for anyone born outside Canada subsequently to prove their foreign-born Canadian parent had a “substantial connection” with the country by meeting a residency requirement, which is 1,095 cumulative days of physical presence in Canada before the birth or adoption of their foreign-born child.

Friday’s decision by the Ontario Superior Court of Justice is likely going to end a three-year legal saga that started in 2021 by a group of 23 people from seven families who have been harmed by the loss of citizenship as a result of the so-called second generation cut-off rule introduced by Stephen Harper’s Conservative government in 2009.

They claimed the second generation cut-off rule — denying the first generation born abroad the right to pass on citizenship by descent outside Canada to the second generation born abroad — violated their Charter rights based on country of origin and sex.

In December, Judge Jasmine Akbarali ruled the second-generation citizenship cut-off rule was unconstitutional and ordered the federal government to repeal it and amend the Citizenship Act in six months.

In June, officials asked the court for a six-month extension of the deadline, saying they needed more time to pass a new bill to fix the problems. However, the court was not satisfied that the government recognized the urgency of a new law and asked officials to return Aug. 1 with an effective plan to address the hardship that any further delay might “cause people whose constitutional rights are being violated day after day.”

The court held a hearing this week and was presented submissions by the government of the updated procedure and communications to address “special cases of hardship,” as well as the new instructions created for affected citizenship applicants who have an urgent need for family reunification in Canada.

While the revised website and communication may not be perfect, the judge said they “adequately” allow potential applicants to navigate how they can seek a grant of citizenship in urgent cases that may involve a child’s statelessness or hardship in family reunification during the delay.

“The question for me is not whether the respondent could have designed a better process, or whether it is executing the process it has designed in a way that I would, in my discretion,” Akbarali wrote in a decision released Friday.

“The question is whether the process it has designed is good enough to sufficiently address the concerns about the hardship caused by the ongoing rights violations.”

The court heard that the government has made every effort to ensure the passage of Bill C-71 to amend the Citizenship Act, including technical briefings to MPs and to opposition immigration critics about the proposed changes. Immigration officials are also undertaking work to support the implementation of the new law as soon as it is passed.

But at the hearing, Sujit Choudhry, lawyer for the affected families, raised doubts over the government’s commitment to push through the legislative changes, arguing that Ottawa could have prioritized the passage of the bill, first introduced on May 23, before Parliament recessed for the summer on June 20.

Akbarali said she was satisfied with the plan outlined by the government and trusted that it will continue to take steps to advance the legislation.

“It has a tool box at its disposal that it can use to accelerate the passage of Bill C-71,” she wrote. “There is reason to conclude that the Bill will likely be adopted before Dec. 19, 2024.”

Akbarali also awarded $15,000 in indemnity costs to the litigants and credited them for holding the government to account.

Source: Court grants Ottawa extension to fix ‘lost Canadians’ citizenship rules

Immigrants frustrated at German citizenship bureaucracy

Join the club! Hopefully, a transition issue that will be addressed:

Maria Zadnepryanets loved Germany when she first arrived. The Russian software developer came to North Rhine-Westphalia a decade ago to study and was amazed by what she found — the freedoms, the public services, the educational opportunities. Now, after a four-year battle with Berlin bureaucracy, she feels like “a second-class citizen.”

“I came to Germany with a very naive idea of what it’s like to live here,” she told DW. “I thought that it’s a fair place. My expectation was that people are treated equally by the state, and this experience has given me a different message.”

In her first years in the country, she went out of her way to integrate: She learned German as quickly as she could, found a well-paying job in a modern sector where Germany needs workers and settled in the capital. In 2020, she submitted all her documents for naturalization in the Pankow district of Berlin — and then heard nothing, for months and then years.

After her emails were ignored, she consulted a lawyer, who suggested taking the Pankow office to court. But she decided against that, and in the fall of 2022 resorted to sending faxes to any official fax numbers she found — “to escalate my case,” as she put it. In response, the office asked for more documents, which she sent — again, there was no response.

“How I understood things with this whole citizenship story was: I do my part, I work, I contribute, I learn the language, I integrate, and then after a certain period of time I will be given citizenship,” she said. “It felt like I had done all these things, but that part of the deal was just not happening.”

‘German bureaucracy is not German at all’

Zadnepryanets isn’t the only one — many skilled workers in Germany have formed social media groups where they vent their anger about dealing with German bureaucracy. In late June, some mounted a protest outside the LEA office in Berlin calling for “a fair and transparent processing of citizenship applications.”

Many feel that only legal action will get them to the top of the pile — by filing a so-called “Untätigkeitsklage,” or “failure to act lawsuit,” against the immigration authorities. Such a complaint can be filed in Germany if an authority has not responded to an application for six months from the day on which the authority receives all the necessary documents.

One applicant who resorted to this was Imran Ahmed — he requested his name be changed for fear of prejudicing his case at the LEA, Berlin’s immigration and citizenship authority. “By this time I have lost trust in the fairness of the authorities, and am worried that I will be punished for sharing my story,” he told DW.

A Pakistani software engineer with a wife and young son, Ahmed submitted his application three years ago, when he had been in Germany for eight years, having earned a master’s degree in Darmstadt and found a good job. He heard nothing for 18 months, when he was asked to provide newer copies of the same documents. “Since then, blackout,” he said.

“I always wanted to come to Germany — the habits of German people were always something I could relate to: being on time, saying things in a straightforward way, being organized,” he said. “But German bureaucracy is not German at all. In my workplace and everywhere else I’ve been blessed with seeing German punctuality and organization, but whenever you deal with the bureaucracy, it feels like it comes from a Third World country.”

Frustrated and stressed by the long wait, which he said has led to health issues, Ahmed wrote to several members of the Berlin state parliament in January this year to ask how exactly the applications were being processed.

This year, the Berlin authorities switched systems in an effort to streamline naturalizations: By shifting the administration from the 12 municipal authorities to a centralized office for immigration and citizenship, the LEA. This authority replaced the previously required in-person interview with an online “quick check” to establish whether the applicant fulfilled the relevant conditions in terms of income, length of stay and language.

Laura Neugebauer of the Green Party was the only parliamentarian to reply to Ahmed’s questions. Her party, in opposition in Berlin, submitted an official information request, which revealed that it was “almost impossible” for the LEA to process the oldest applications first, as it was receiving the applications from the municipalities in batches in which the date of the application was not noted.

“This was mindboggling for me,” said Ahmed.

A mountain of old applications

A spokesperson for the LEA said he sympathized with people’s frustrations, but said “many customers do not understand” that the LEA had been left with a mountain of 40,000 old applications to deal with following the transition in January. The oldest of these, the spokesperson said, dated from 2005.

“They understandably only see their individual waiting time and their desire for naturalization and quite rightly put it in the foreground,” he said.

He also said it would actually be more inefficient to process the oldest applications first, since many of them may not be complete. “We are working through a mountain of work from several sides in order to naturalize as many people as possible as quickly as possible,” he said.

Adam (name changed), from Egypt, suspects those who applied for citizenship before the new digitized system was introduced this year are being disadvantaged. He, too, checked all the necessary boxes: A steady income (he works as an engineer for a major German telecom company), good German language skills, and long enough residency. After waiting over two years, he received his citizenship earlier this year only after filing an Untätigkeitsklage.

However, the citizenship applications for his wife and three children, two of whom were born in Germany, are now stuck somewhere in the LEA’s backlog. He has now filed more suits on their behalf, at a cost, he said, of over €3,000 ($3,600).

“There are people who applied online who are getting it in two or three months, and the people who applied offline, it’s ignored,” he said.

State aims to double naturalization rate

Berlin’s Interior Minister Iris Spranger said the state aims to double the number of naturalizations per year to 20,000. The LEA said it is on track to make that target for 2024, but it still had to work on those 40,000 old applications.

“This is a huge challenge, not least because the number of applications has increased significantly since the reform of the nationality law came into force,” the spokesperson told DW in an email.

Zadnepryanets is not impressed. “Those applications didn’t come from the air,” she said. “Why did these 40,000 applications happen? Who is responsible?”

And things are likely to slow down before they speed up, not least since naturalization laws were relaxed in June, which prompted a wave of new applications. According to the LEA, Berlin is currently receiving an average of 133 new citizenship applications every day and had already received over 25,000 this year. If that rate continues, the authorities can expect to receive over 48,000 new applications in 2024.

Despite this, local authority official Wiebke Gramm told the Berliner Morgenpost newspaper in January that the target for processing applications was now six months. That seems hopelessly ambitious to Zadnepryanets, who can’t understand why more people aren’t questioning the transparency and efficiency of the system.

“I’m just frightened of waiting another five years for anyone to touch my case,” she said. She too is looking to take legal action after all.

Source: Immigrants frustrated at German citizenship bureaucracy

Canada is immigrant friendly, but does it consider the national security angle?

My podcast with Phil Gurski discussing C-71 and its possible impact on citizenship policy, security and operations

Source: Canada is immigrant friendly, but does it consider the national security angle?

USA: Noncitizens are less likely to participate in a census with citizenship question, study says

Of note, the main impact being on those ineligible to have a social security number. Non-issue in Canada where the census has for many years included a citizenship question (with increased disaggregation):

Not Adding a citizenship question to the census reduces the participation of people who aren’t U.S. citizens, particularly those from Latin American countries, according to a new research paper that comes as Republicans in Congress are pushing to add such a question to the census form.

Noncitizens who pay taxes but are ineligible to have a Social Security number are less likely to fill out the census questionnaire or more likely to give incomplete answers on the form if there is a citizenship question, potentially exacerbating undercounts of some groups, according to the paper released this summer by researchers at the U.S. Census Bureau and the University of Kansas.

Other groups were less sensitive to the addition of a citizenship question, such as U.S.-born Hispanic residents and noncitizens who weren’t from Latin America, the study said.

The paper comes as Republican lawmakers in Congress push to require a citizenship question on the questionnaire for the once-a-decade census. Their aim is to exclude people who aren’t citizens from the count that helps determine political power and the distribution of federal funds in the United States. The 14th Amendment requires that all people are counted in the census, not just citizens.

In May, the GOP-led House passed a bill that would eliminate noncitizens from the tally gathered during a census and used to decide how many House seats and Electoral College votes each state gets. The bill is unlikely to pass the Democratic-controlled Senate. Separately, the House in coming weeks is to consider an appropriations bill containing similar language seeking to omit people in the country illegally from the count used to redraw political districts.

During debate earlier this month at a House appropriations committee meeting, Democratic U.S. Rep. Grace Meng of New York described the efforts to exclude people in the country illegally as “an extreme proposal” that would detract from the accuracy of the census.

“Pretending that noncitizens don’t live in our communities would only limit the crucial work of the Census Bureau and take resources away from areas that need them the most,” Meng said.

But Republican U.S. Rep. Andrew Clyde of Georgia argued that including people in the country illegally gives state and local governments an incentive to attract noncitizens so that they can have bigger populations and more political power.

“Every noncitizen that is included actually takes away from citizens’ ability to determine who their representatives are,” Clyde said.

The next national head count is in 2030.

Source: Noncitizens are less likely to participate in a census with citizenship question, study says

Fact check: Was this Conservative MP censored by a government department? [Citizenship ceremony]

Needed fact check:

What was said: On July 20, Conservative MP GARNETT GENUIS shared a video of a speech he gave at a citizenship ceremony in his Sherwood Park-Fort Saskatchewan, Alta., riding. “SHOCKING,” the MP wrote. “Officials in this NDP-Liberal Government wanted to be able to vet and censor my remarks at a Citizenship Ceremony for my own riding.” 

In a later post, he said he was asked to submit his remarks to IRCC officials before the ceremony, claiming that was the first time that had occurred in his nine years in office. He accused the department of asking for the remarks “very clearly with the intention of reserving the right to approve them or not approve them. This is an attempt to change protocol and control what MPs say,” he posted in his replies. 

In the video itself, Genuis said he was “disappointed” at being asked to submit his speech in advance.  

The facts: Immigration Minister MARC MILLER’s press secretary AISSA DIOP told Politics This Morning that IRCC officials request all MPs—no matter the political affiliation, and including the minister himself—to share their remarks before the event for review. She said this is not to censor anyone, but to ensure that the remarks at a citizenship ceremony remain non-partisan. Diop’s comments were backed by a departmental spokesperson, who said the practice is “long-standing.” 

“Let us be clear: these ceremonies go far beyond ridings, far beyond our political affiliations, and far beyond our personal views. They are about the people in the audience with their family members, and the joy they feel at the end of their immigration journey,” Diop said in a statement.

Verdict: Lotsa spin. We can’t say for sure why Genuis may have never encountered this practice before, but it is not a new practice. One could argue it is intended to “censor” politicians, insofar as the intent behind the practice does manage the nature of their remarks. But MPs have many other avenues to embrace partisan speech, so the effect of the review is unlikely to amount to actual “censorship.” Think of it instead as a procedural requirement. MPs don’t consider keeping their remarks within the confines of “parliamentary language in the House of Commons to be censorship, do they? 

Source: Fact check: Was this Conservative MP censored by a government department? [Citizenship ceremony]

New Report: 9 Million Immigrants Eligible to Become Citizens in 2024

Impossible, however, that such a large number can be processed within the next few months:

The Biden administration has made significant progress in streamlining the naturalization process. By the end of May 2024, the average processing time for citizenship applications had decreased to five months (or less depending on the city), a 15% reduction from the previous year and a more than 50% decline from 2022. This improvement means that eligible green card holders who apply for citizenship in July 2024 could conceivably be approved in time to participate in the presidential election, depending on where they live.

High Concentration in Key States

According to the report, California, New York, Texas, and Florida are the states with the largest population of lawful permanent residents eligible to become U.S. citizens. These states account for nearly 60% of all eligible residents, These states account for nearly 60% of all eligible residents, highlighting where voter registration efforts could be most impactful.

Backlog Reduction

USCIS, the federal agency responsible for processing citizenship applications, has made notable progress in reducing its backlog. In 2023, the backlog of citizenship applications fell to 416,034, a 44% decrease from the high of 942,669 in 2020. This is the lowest backlog since 2015, signaling a more efficient processing system.

Potential Policy Changes

The report also highlights the potential impact of the upcoming election on immigration policies. While the Biden administration has made naturalization more accessible, a shift in administration could reverse these gains. Former President Donald Trump has already stated his intention to end birthright citizenship and deport millions of undocumented immigrants if re-elected.

Source: New Report: 9 Million Immigrants Eligible to Become Citizens in 2024

630,000 expats expected to reapply for Turkish citizenship

Of note, following changes to Germany’s citizenship law:

Some 630,000 expatriates who previously relinquished their Turkish citizenship to obtain German nationality are expected to reapply under Berlin’s new law, a senior Turkish official has said.

The naturalization law in Germany, which also facilitates dual citizenship, came into effect on June 27. This regulation now allows for the acquisition of additional nationalities alongside German citizenship, ending of the automatic revocation of another citizenship upon acquiring German nationality.

Particularly for individuals possessing multiple citizenships by birth, the obligation to choose between German citizenship and another nationality upon reaching adulthood has been eliminated. Following the implementation of this legal amendment, attention has turned to the status of approximately 1 million individuals of Turkish origin residing in Germany, who can now maintain their German citizenship while reacquiring Turkish citizenship.

İbrahim Taşyapan, the head of the Turkish population and citizenship body, provided information about the status of Turkish citizens in Germany during a parliamentary committee session.

He recalled that Germany abolished dual citizenship in 2000. In the same year, Ankara increased the permissions for expatriates wishing to obtain German citizenship to renounce their Turkish citizenship.

“They [Turkish citizens] obtained permission and exited citizenship, and we issued them a ‘blue card.’ The blue card can perform nearly all the functions of an identity card except for voting, military service, etc. It functions almost identically to a national ID card.”

“We facilitated their situation, but our citizens faced challenges with some German state practices. Now, our citizens can easily hold dual citizenship and return to Turkish citizenship,” Taşyapan said.

Based on the number of blue cards issued, Taşyapan estimated that approximately 630,000 German citizens of Turkish origin might reapply.

However, he noted that these applications are expected to be submitted gradually rather than immediately, with the obligatory military service for young men reclaiming Turkish citizenship being a potential deterrent.

Almost 3 million of Germany’s 83.2 million residents are Turkish. Turkish immigrants started arriving in Germany in significant numbers more than 60 years ago, when Germany recruited “guest workers” from Türkiye as part of an agreement.

During a visit to Türkiye in April, German President Frank-Walter Steinmeier paid tribute to the contributions of the Turkish community in his country, recognizing their role in the country’s economic reconstruction since the 1960s.

Source: 630,000 expats expected to reapply for Turkish citizenship

Fewer immigrants are deciding to become Canadian citizens: Institute for Canadian Citizenship

More coverage:

Abisoye Akinpelu and her children were among the 25 immigrants at a Calgary citizenship ceremony on Saturday, ready to become Canadian citizens.

“I feel so accomplished. It’s a long journey for us and it’s been filled with ups and downs, but it’s worth it,” Akinpelu, who came to Canada from Nigeria, said.

Akinpelu says she enjoys Canada’s multicultural community, and how Canadians from different backgrounds can live peacefully together. Immigration Minister Marc Miller was also at the citizenship ceremony where he said citizenship is not a choice to be made lightly.

“This is the best country in the world to be in. I think you know that … Otherwise, perhaps you wouldn’t have made that choice.”

However, the 2021 and 2016 Census reported fewer immigrants are choosing to become Canadian citizens. According to new data released by the Institute for Canadian Citizenship (ICC), the proportion of people becoming citizens within 10 years of their arrival in Canada has dropped by 40 per cent.

“People are less interested in becoming Canadian. Let that sink in,” Daniel Bernhard, the ICC’s CEO, said. “It’s not because they are not interested or not grateful. It’s in many cases because they are trying to contribute and we’re not allowing them to.”

The numbers indicate citizenship uptake is the lowest among highly educated economic immigrants, and Bernhard said it’s because they are weighing their options before taking the oath.

“Not feeling welcome is not just whether your neighbours are nice to you, or whether your kids have a good place in school, but whether your employer thinks that you have something important to contribute,” Bernhard said.

“The cost-of-living crisis in Canada continues to bite, and (their) skills and experience are not recognized in the labour force here,” Bernhard said, adding that many immigrants may feel frustrated and potentially decide to move on from the idea of becoming Canadian citizens.

As well, a recent poll by Angus Reid found the housing affordability crisis is forcing more newcomers to rethink their place in Canada and consider moving to a different province, or a different country altogether.

Bernhard said the lack of affordability is already having an impact on citizenship uptake, but confirmed the ICC is calling on Ottawa to provide more opportunities for people to celebrate and appreciate the value of citizenship, and to put a cap on virtual citizenship ceremonies.

Source: Fewer immigrants are deciding to become Canadian citizens: Institute for Canadian Citizenship

Australia has the world’s easiest citizenship test – but would you pass?

Questionable methodology but nevertheless of interest, focussing on the knowledge of those who are already citizens. Canadian number of 7 percent may reflect methodology issues as too much of an outlier:
In terms of Canadian immigrants applying for citizenship, approval rate is currently around 98 percent:
Documents. Interviews. Quizzes? Embarking on the journey to gain citizenship in a foreign country is a huge endeavour and can be extremely time-consuming and challenging.Each country’s citizenship process is slightly different. However, most nations will have some form of citizenship test: an assessment that is designed to assess applicants’ knowledge, values and commitment to their adopted nation. Some tests focus primarily on language proficiency, asking for fluency in the country’s native tongue as a prerequisite for naturalisation, while others delve into the depths of history, quizzing applicants on key historical events and laws in the nation. The pass rate of citizenship tests around the world also varies because of this, with the difficulty of the test itself, and the education of each country’s history and culture, being just a couple of factors affecting how easy it might be to achieve a high score on a country’s citizenship test.

With so many of our customers at Remitly undergoing the citizenship process in a country different to the one they were born in every single year, we wanted to delve into some of the most formidable citizenship tests around the world and see how many people would actually pass their own country’s citizenship assessment.

To put this to the test, we conducted a study analysing 2,100 global participants from some of the most popular nations people want to move to: the UK, US, Canada, Australia, Germany, France, and Spain, to see how many citizens in each country would pass their own country’s citizenship test.

Whether you’re contemplating a new beginning in a distant land, or are simply curious about the trials and triumphs of citizenship acquisition, read on to find out more about which citizenship tests are most difficult to pass.

Key findings

  • Australian citizens are most likely to pass their own nation’s citizenship test with 96% of participants passing our practice test (by achieving a score of 75% or more).

  • German residents placed in second position, with a 95% pass rate.
  • The UK’s citizenship test ranks as one of the more difficult citizenship tests, with only 42% of UK citizens passing their test.
  • A mere 7% of Canadians passed their own citizenship test, according to our study.
…The most pass-able citizenship tests around the world
To find out where it’s easiest (and most difficult) to obtain citizenship around the world, we conducted a study of 2,100 global participants, in some of the world’s most popular relocation capitals. We tested participants on a simplified version of their nation’s citizenship test, using a selection of 15 questions from their country’s official practice assessments.Our research found that it was Australia where it was easiest for citizens to pass their nation’s citizenship test, with 96% of Australians polled passing their own citizenship test, with an average score of 13.3 out of 15 practice questions. Following closely behind were German citizens, with a pass rate of an impressive 95%.

The US citizenship test ranked in third spot, with an average pass rate of 93%, while France and Spain tied in the fourth spot, both with an average pass rate of 61%.

Meanwhile, ranking at the bottom of our study was the UK, where 42% of participants passed the test, while Canada ranked in seventh spot, with only 7% of participants meeting the 75% correct-answer pass rate.

How many people could pass their own country’s citizenship test?

Based on a 75% pass rate

Rank Country Percentage of citizens passing citizenship test Cost of citizenship tests
1 Australia 96% $330 – $550 (AUD)
2 Germany 95% €225 (adult) €51 (child)
3 US 93% $725 (USD)
=4 France 61% €55
=4 Spain 61% €85
6 UK 42% £69.20 – £219.20 (+ £1,330 for citizenship application)
7 Canada 7% $630 (CAD)

Canada’s citizenship test – average pass rate of 7%

Our study revealed that only 7% of Canadians were able to pass the Canadian citizenship test. A prerequisite to becoming a citizen of Canada is to be a permanent resident of Canada at the time of your application, however permanent residency is not the same as citizenship, so any prospective citizens will need to acquire proof of residency first.The Canadian citizenship test costs $630 CAD to undertake [11] and consists of 20 questions on the history, economy, and geography of Canada – and unlike some other countries’ citizenship tests, does not test your language proficiency in English or French. The test takes 30 minutes and participants need 15 correct answers (out of 20) to pass. Despite the low pass rates in our study, over 354,000 people were granted Canadian citizenship in 2023 [12]. In the real assessment, the 20 questions asked are randomly generated – so while many of the questions are multiple choice, there are no hacks or ways to cheat on the test – those looking to gain Canadian citizenship will just have to study hard!

Source: Australia has the world’s easiest citizenship test – but would you pass?

Canadian Immigration Tracker- May 2024 update

Highlights

Permanent Residents increased but percentage of TR2PR slipped to 53 percent of all Permanent Residents. 

Asylum claimants stable at about 16,000 per month.

Study permit applications increased (seasonal). Study permit web interests have declined by over 25 percent the past year, January to June).

IMP numbers have increased while TFWP numbers have decreased save for those with LMIA.

Citizenship numbers increased. 

Slide 3 has the overall numbers and change.

https://www.slideshare.net/slideshow/canadian-immigration-tracker-key-slides-may-2024-pdf/270213627