The Maple Leaf Card is a permanent resident card.
With Canadian nationality, there is no Chinese nationality, and there is no dual nationality in China.
As long as the insurance is for permanent residents, it depends on the income of your family and what kind of treatment you will receive.
You don’t have to work in Canada, but you need to have money to spend in Canada. Applicants must first be legal permanent residents of Canada, that is, they already have status;
2. To apply for naturalization as the main applicant, you must be over 18 years old;
3 . The applicant must have lived in Canada for three years in the past four years from the date of filing the naturalization application (during these four years, one day in Canada will be counted as one day after the applicant officially becomes a legal Canadian. Before becoming an official, one day living in Canada can only be counted as half a day. In other words, before becoming an official, the applicant’s two years in Canada can only be counted as one year, regardless of whether the applicant has lived in Canada. For how long, it can only be counted as one year at most. Even if the applicant has lived in Canada four years ago, it cannot be counted. The applicant can leave Canada during this four-year period, but the cumulative time of residence in Canada must be full. It only takes three years. For example, if the applicant comes to Canada on January 1, 1988, he will not be able to apply for naturalization until December 31, 1990. If you have left Canada, the time you left Canada must be deducted. In addition, the period of imprisonment or conditional parole cannot be included in the three years of residence in Canada);
4 . None of the circumstances listed below; considered to be a threat to the security of Canada; subject to a deportation order; conditionally released from prison or under supervision or parole; currently incarcerated; before applying for naturalization Have committed a criminal offense within the past three years.
5. Be able to communicate in French or English, that is to say, be able to communicate in one of Canada’s two official languages;
6. Have a certain level of understanding of Canada as a country , including the rights and obligations of citizens, Canada’s political system, history, geography, etc. (During the naturalization class, applicants will be given two booklets, "Canadian Citizenship" and "Canada at a Glance", which contain the above content); < /p>
7. Complete the naturalization oath and signature procedures.
Anyone who meets the above conditions can become a Canadian citizen. A child under the age of 18 can also become a Canadian citizen when his or her father or mother becomes a Canadian citizen. The application is made by his or her father, mother or guardian. A child's naturalization application can be submitted together with his parents, or he can apply separately after one of his parents becomes a Canadian citizen. If the child and his parents apply at the same time, they can basically get the citizenship certificate at the same time. Applicants who are over fourteen years old must sign the application form, participate in the oath ceremony, and sign after taking the oath.
Canada’s Citizenship Act requires that in order to obtain Canadian citizenship, applicants must have “lived” in Canada for three years within the past four years before they can be naturalized. First of all, the time period considered by the Citizenship Law is only the past four years and cannot be counted further forward. Secondly, the Citizenship Act has very high density requirements for the time the parties have lived in Canada. The three-year residency requirement is met within four years. That is, you must "reside" in Canada 3/4 of the time.
The two groups of judges have different definitions of "residence"
As mentioned above, Canada's Citizenship Act requires applicants to have "resided" in Canada for three years in the past four years. years before you can become a naturalized citizen. However, the Citizenship Act does not provide any definition of the word “residence”. Therefore, judging from the legal provisions of the Citizenship Act itself, we cannot see how one is considered to be "residing" in Canada. Since the legislation does not define the word "residence", we can only rely on judicial interpretation to determine the definition of this word. The so-called judicial interpretation is a judgment. In fact, there are a large number of federal jurisprudence in Canada that provide various interpretations of the definition of “residence” in the Citizenship Act. Basically, Canadian federal judges can be divided into two groups in their interpretation of this issue.
One group of judges believes that the concept of "residence" is a concept in the physical sense. This group of judges believes that since the law requires you to live in Canada for three years out of four years, you must actually live in Canada for three years. If you are not physically present in Canada, I cannot approve your naturalization.
The views of the other group of judges are completely different. They believe that the concept of "dwelling" is a social psychological concept. A person's physical body can be in one place and his place of residence can be in another place. For example, a person goes on vacation to Hawaii. When locals ask him where he lives, he won't say he lives in Hawaii because he is currently there. He will definitely say that my home is in Vancouver or Taipei. Therefore, this group of judges believes that a person’s place of residence is determined based on his “center of life”.
According to the opinion of this school of judges, as long as a person's "center of life" has moved to Canada, even if he does not actually live in Canada in a "physical sense", he can still be deemed to have lived in Canada. When his "center of life" has moved to Canada for three years, he can still meet the requirements of the citizenship law for living in Canada for three years, and then he can be approved for naturalization.
How to determine someone’s “center of life”
When determining whether a person’s “center of life” has moved to Canada, the judge will consider many life factors of the party: For example, he Whether he has a spouse or other family members in Canada, his property purchase status in Canada, his social activities and employment status in Canada, his tax status in Canada, etc. Every case has different circumstances. The sum of all the circumstances constitutes evidence of the person's "life focus."
When determining whether a person’s “center of life” has moved to Canada, the judge will also consider whether the person’s reason for leaving Canada is temporary. If a person's reason for leaving the country is temporary, it is easier to conclude that the person's "center of life" has moved to Canada. If a person still has a regular job outside Canada, or the reason for leaving the country is sexual, it can easily be determined that his "center of life" has not moved to Canada.
If the client’s “center of life” has indeed not moved to Canada, it will still be difficult for him to obtain citizenship even if the case is decided by this group of judges who use the “center of life” as the standard.
The Canadian Federation has had a large number of cases discussing the issue of the “center of life” of the parties involved. There are many cases where it has been determined that although the applicant does not actually live in Canada, because his "center of life" has moved to Canada for three years, he can still be approved for naturalization. At the same time, there are many other cases in which people were not allowed to naturalize because their "center of life" did not move to Canada at that time.
For example, there was a federal case in 2011. The applicant was studying in the United States, but he had not lived in Canada for three years. The applicant’s parents were not in Canada, he was unmarried, and he only had some friends in Canada. During the winter and summer vacations, the applicant returns to Canada to live for a period of time and visit friends. The judge finally found that when the applicant left Canada, he had already settled in Canada. His status in the United States was only a foreign student, so it was temporary. His address was actually still in Canada, so the focus of his life was Still in Canada. Therefore, he met the three-year residence requirement, and even though he frequently left the country to visit the United States during those three years, this person’s naturalization application was approved.
However, the author recently saw a case where the situation was similar to the above case. The applicant is also studying in graduate school in the United States. But what is different from the previous case is that the parties’ parents and siblings all live in Canada and have obtained Canadian citizenship. However, the applicant’s naturalization application was ultimately rejected by the judge. During the interview with him, the judge clearly asked a question: Since you want to be naturalized, why don't you go to graduate school in Canada instead of going to graduate school in the United States? The applicant's answer was that Canadian universities such as UBC did not admit him at that time. Only American universities accepted him. The judge concluded that there is nothing I can do to help you. You should wait until you graduate from graduate school and return to Canada to work. Please apply after living there for three years.
There is also a federal case in 2016, in which the parties came from, owned and industry in Canada. Worth $2 million, he and his spouse invested $1 million in a golf course and $750,000 in another. In the third year, he was employed by a sporting goods company, which sent him back to serve as the purchasing department manager and production department supervisor. The reason he accepted the job was because his elderly father still needed his care. He lived in Canada only days in four years. Although he declared his income in Canada, his annual income was less than $18 Canadian dollars. The judge’s final judgment was that the focus of this person’s life was not in Canada, so he could not be considered to have lived in Canada. His application for naturalization was ultimately rejected.
The author has successfully handled a number of federal naturalization lawsuits. There is a case where the applicant is in Asia because of the need to export Canadian products. His spouse and children all live in Canada and have become citizens. He himself is an "astronaut" traveling between Canada and Asia. His annual export volume reaches more than one million US dollars. He owns property, cars, and bank accounts in Canada. The judge finally determined that the focus of his life was still in Canada. Therefore, even though he had not actually appeared in Canada for a long time, he still met the three-year residence requirement and met the conditions for naturalization. Therefore, his application was approved.
The conclusion is that for applicants who have not actually lived in Canada for three years, the chance of success in their naturalization application depends largely on which judge you meet. At the same time, it also depends on what documents you have to prove that your "center of life" has been transferred to Canada.
How to provide proof of "focus of life"
When proving a person's "focus of life", judges generally want to see the following supporting documents:
1 . The timetable of the person’s residence in Canada. The length of time is the basic information for judging a person's life focus. Therefore, this part of the information is necessary. In addition, from the timetable, you can not only see the length of time a person has been in Canada, but also judge his life pattern.
Lifestyle patterns are also important in determining a person's focus in life.
2. Employment or education in the past few years. A person's career or education generally always represents the focus of a person's life. Everyone, at a certain time, will always focus their life on their work or education. Therefore, if a person has his own business in Canada and travels overseas for his own business located in Canada, this can be considered as the center of gravity of life has shifted to Canada. However, this does not mean that once a person has his or her own business in Canada, the focus of life must have shifted to Canada. Especially if that person's overseas business is not very active and only exports one or two orders of health food or cosmetics every year, and his personal income tax is not high, then it is easy to judge that this person There should be other businesses overseas. If he has other businesses overseas, then it would be problematic to assume that the focus of his life is in Canada. In addition, if you are studying overseas, generally in a post-secondary or above major (such as a doctorate or master's degree), and you return to Canada during the winter and summer vacations, it is easier to be considered that the focus of your life has moved to Canada. However, according to the author's experience, if you receive technical training overseas, such as studying cosmetology in Japan, or studying tourism in Singapore, etc., it is difficult to prove that the focus of life has moved to Canada.
3. Card. This is a useful document that demonstrates a person's priorities in life. However, it is important to note that not everyone who holds a card legally owns it. For example, in British Columbia, if a person has been abroad for more than six months (regardless of the reason for his departure), his card should be invalid. Therefore, the card in his hand does not prove that the focus of his life has moved to Canada.
4. Proof of production. If a person owns his or her own home in Canada, this is an important evidence that the focus of his life has moved to Canada.
5. Proof of residence in Canada for spouse and children. Spouse and children are always the focus of a person's life. Therefore, the place of residence of the spouse and children is generally where the focus of this person's life is. However, it should also be noted that if only the children are in Canada and the spouse is not in Canada, then the focus of this person’s life has definitely not been transferred to Canada.
6. , TV bill.
7. Bank statement.
8. Shopping records in Canada.
9. Proof that your children are studying in Canada.
10. My Canadian tax return.
11. Library cards, membership cards, driver's licenses, life insurance policies, etc. in Canada.
12. Car insurance in Canada.
13. Home Insurance in Canada.
14. Documents proving the reason for traveling abroad. The purpose of these documents is to prove that your departure abroad is justified and is temporary and short-term. Once these reasons are eliminated, you will immediately return to Canada to live.
The more complete the above documents are prepared, the more it can prove that your "center of life" has moved to Canada. Moreover, the use of these documents needs to be coordinated skillfully. It’s not just about piling files together. Applicants need to be able to use these documents to clearly demonstrate that the focus of your life has indeed shifted to Canada.
The chance of success in applying for naturalization for those who have lived in the country for less than three years depends on what kind of judge the applicant encounters.
First of all, if he encounters a judge who insists that he must live in Canada for three years out of four years, he will have no chance to defend himself. Secondly, if he encounters a judge whose "center of life" is the standard, he still needs to work hard to convince the trial judge and let the judge confirm that his "center of life" has indeed moved to Canada. Because not all judges of this school will approve applicants who have not lived for three out of four years. The applicant still has to convince this group of judges with facts.
Therefore, the chance of success in applying for naturalization for those who have not lived in the country for three years depends first on the applicant's own luck. Because judges are not chosen (No judge shopping allowed), they are appointed. If you are unlucky and encounter a judge who insists on living in the country for three years, the applicant will have nothing to say during the court session. Because no matter how much you say, it is all in vain. This type of judge will not listen.
Secondly, the chance of success in applying for naturalization for those who have lived in the country for less than three years depends on the applicant’s actual situation. If the judge you meet uses "life focus" as the criterion, the applicant's own situation will play a decisive role. The circumstances of some cases are inherently deficient. Even judges who use "focus of life" as the criterion will not approve the naturalization applications of these applicants. Finally, the chances of a successful naturalization application for a person who has lived in the country for less than three years depend on the relevant experience of the applicant’s lawyer.
From the actual application process, the application of an applicant who has lived in the country for less than three years generally has to go through two procedures. First, it is reviewed by a citizen judge. If the applicant has not lived for three years and is approved by the citizen, it must be reviewed by the Ministry of Justice. The Department of Justice has a working rule. If the applicant has not lived in the country for three or two years in the past four years, and the citizen judge approves his application, the Ministry of Justice must appeal the case to the federal government.
If the applicant has not lived in Canada for three years in the past four years, but has lived in Canada for more than two years, and the citizen’s judge approves the applicant’s naturalization application, the Ministry of Justice can generally no longer pursue the case against the citizen’s judge. Whether any mistakes were made.