Germany plans stricter citizenship rules

Situations of false identity are a form of citizenship fraud and/or misrepresentation and thus in Canada and many countries, are grounds for revocation (children raise more complex issues given separation and other issues):

In an apparent bid to deter asylum-seekers from providing false information about their identities, the German government plans on making it harder for foreign nationals to attain citizenship, Die Weltnewspaper reported on Friday.

A draft law drawn up by the Interior Ministry targets immigrants who have been living in Germany under a false name or provided authorities with incorrect information about their country of origin when they arrived.

Currently, foreigners are generally eligible for German citizenship if they’ve lived in the country for eight years or more.

Under the new law, the years that an immigrant lived under a false identity would no longer count towards the total years required to attain citizenship.

Changes for residence permits

The draft law would also create a second significant hurdle to citizenship by changing the rules on residence permits.

Under the new measures, immigrants found living under a false identity would be denied an unlimited or permanent residence permit. The law would make “the clarification of identity and nationality” a prerequisite for attaining permanent resident status.

Immigrants could still attain a time-limited residency permit, but the permanent resident status is required for German citizenship.

Withholding citizenship from children

The German government’s plans also have a direct impact on children of foreign nationals — even if they were born in Germany.

Until now, babies born in Germany to two non-German parents can typically become citizens if one of their parents has been living in the country for eight years.

Under the new rules, children would only be granted German citizenship if their parents prove their identity and nationality.

The Interior Ministry’s draft law is currently being reviewed by the other ministries and must gain their approval before moving on to parliament.

Source: Germany plans stricter citizenship rules

Blatant lying loses family its citizenship — but earns them a $63K bill from Canadian government

Further to my article Overstating “Fraud” – New Canadian Media, an example of particularly egregious misrepresentation (polite term for lying) about residency:

Ottawa has stripped a Lebanese family of their Canadian citizenships — and handed them a $63,000 bill — after they were caught blatantly lying about living in Canada, part of a government crackdown on bogus citizens that could extend to thousands of cases.

The family — a father, mother and their two daughters — signed citizenship forms claiming they lived in Canada for almost all of the previous four years when they really lived in the United Arab Emirates, a fact even posted online in the daughters’ public résumés on LinkedIn.

The bold nature of the fabrications — that successfully won them citizenship in 2008 and 2009 — and their attempts to fight Ottawa’s decision brought rebuke from both the government and the Federal Court of Canada: not only have their citizenships been revoked, but they have been ordered to pay all of the government’s $63,442 in legal bills.

It is a punishment historically associated with only the most egregious cases, usually accused Nazi war criminals who hid their involvement in atrocities when fleeing to Canada after the Second World War.

This case is only the beginning. The RCMP has targeted about 11,000 people from more than 100 countries suspected of fraud by misrepresenting their residency in Canada.

RCMP identified more than 3,000 citizens and 5,000 permanent residents under suspicion in ongoing large-scale fraud investigations. Most are residency claims like in this case.After questions from officials, nearly 2,000 other people have withdrawn their applications, said Nancy Caron, spokeswoman for the Ministry of Citizenship and Immigration.

A few points to note:

  • If I am correct, it is the same Judge McTavish that threw out the Government’s elimination of refugee claimant health care, partly on grounds of lack of evidence. This case shows that when the Government has sound evidence, it can successfully defend policy before the Courts;
  • The new Citizenship Act makes such revocation decisions at the discretion of the Minister, not the Courts. Yet the Courts have handed the Government a significant victory;
  • My estimate of fraud, based upon numbers provided (no change in this article), was a maximum of 3 percent, calculated on the unlikely assumption (CIC not providing information to the contrary) that the number of fraud investigations pertained to a single year. This case dates from 2008, suggesting that the 3,194 fraud investigations cover multiple years, reducing the percentage of fraud considerably;
  • In addition to requiring the family to cover court costs (appropriate deterrent), the bigger financial risk is that the father will lose his Canadian expatriate status with his UAE employer, and the benefits that go with it. As a Lebanese national, his package will likely be significantly less. I expect he will not rush to tell his employer, however;
  • In addition to Hong Kong and Chinese nationals, the breakdown of fraud investigations reveals mainly Mid-East and Pakistani nationals, likely working in the Gulf, given the incentives mentioned above; and,
  • Lastly, the role of social media in exposing fraud provides another useful tool for CIC and the RCMP. I expect that some will likely be revising (i.e., scrubbing) their various profiles as a result.

It is appropriate for the Government to take a serious approach to reducing fraud and this, and likely other cases in the hopper, strengthen the Government’s case.

However, one can question whether the Government is casting the net too broadly in its review of current applications, and delaying too many applications of those following the rules, rather than focussing on the higher risk cases.

Blatant lying loses family its citizenship — but earns them a $63K bill from Canadian government | National Post.

Overstating Citizenship “Fraud” – New Canadian Media

Citizenship Fraud.037My take on citizenship fraud, with analysis of released numbers to date:

Some may argue that any fraud is unacceptable.

But the quest for perfection has to be balanced with the realities of efficient management and good service delivery.

There are more fraud issues with citizens originating in certain countries, both in terms of country of birth and likely country of application. From a risk management perspective, that is where the focus should be and likely is.

As the government addresses the backlog and implements the new Citizenship Act, we will see starting in 2016 whether it has achieved a reasonable balance between reduced fraud, efficiency, and accessibility of citizenship, meeting the Minister’s commitment of a one-year processing time.

Overstating “Fraud” – New Canadian Media – NCM.

Methodological Note: A number of readers have asked regarding the source of the numbers and analysis:

  • An ATIP request provided to me by a student listed the countries of birth for the 3,194 investigations;
  • Beyond the fact that this number was as of 31 March 2012, no details on which years were included (i.e., did all the cases of suspected misrepresentation pertain to citizenship applications in one year or, as I suspect, a number of years);
  • Other numbers were pieced together from public statements and communications material from the past few years. I integrated as best I could;
  • the percentage figures were calculated against the 5 year annual average of new citizens (2008-12);
  • I asked CIC to confirm and update these numbers. CIC declined, suggesting I file an ATIP request and sending along some communications material.

 

Chart of the Day: Citizenship Fraud

Citizenship Fraud.037

 

Thanks to a Concordia student working on citizenship issues who brought an ATIP to my attention.

Based upon 3,194 investigations, as of March 31, 2012. Based upon the 5 year average number of new citizens, just under 2 percent fraud that we know about. Most of the fraud is related to misrepresentation of residency (one of the positive changes in C-24 is clarifying that residency means physical presence, not just a Canadian legal address).

Note that these figures refer to investigations, not convictions. Do not have any numbers on these but likely much smaller.

Interesting concentration from the Middle East, particularly Lebanon. Likely also reflects those living in the Gulf where having Canadian citizenship means a Canadian pay and benefits package, rather than that of other nationalities who are often paid significantly less.