Chapter CP 5 - Residence

Section 2 - Use of section 2(2)(b)—deeming lawful admission to Canada

2.1 This section is about

• when section 2(2)(b) may be used
• dealing with a section 2(2)(b) application

2.2 Authorities

2.3 Context

Section 2(2)(b) of the Citizenship Act says that a person who has not been lawfully admitted to Canada for permanent residence may be considered lawfully admitted for purposes of the Citizenship Act.

2.4 Decision making

Citizenship judges have legislated authority to determine whether applicants meet the requirements for citizenship.

2.5 File referred to local office

In rare instances, applications are received at CPC-S for persons for whom there are no records of entry. These files are referred to the local office for possible use of 2(2)(b).

2.6 Policy

Section 2(2)(b) is used only for applications under sections 5(1) and 11(1) and section 5(2)(a) where the person has long and continuous residence in Canada.

Use section 2(2)(b) RARELY. If in doubt about using paragraph 2(2)(b), contact functional guidance officials at the Registrar's office.

Example of use

Section 2(2)(b) might be used for an applicant who came to Canada 60 years ago, who was not lawfully admitted as a permanent resident, but who has lived in Canada ever since.

2.7 Archives have pre-1949 records, Newfoundland records

Immigration does not have records of landing prior to January 1, 1935. Records of Entry prior to January 1, 1935 are held by the National Archives as ships' manifests. Direct applicants to the National Archives to search for these records.

National Archives
395 Wellington Street
Ottawa, Ontario, K1A 0N3.

Immigration does not have records of landing for Newfoundland prior to April 1, 1949. Applicants requiring records of landing in Newfoundland prior to April 1, 1949 should contact the provincial archives in Newfoundland.

Provincial Archives
Colonial Building
Military Road
St. John’s, Newfoundland, A1C-2C9

2.8 Not to be used to circumvent Immigration

It is Immigration's responsibility to grant permanent resident status.

Section 2(2)(b) should not be used to circumvent the Immigration process for granting permanent resident status.

Children adopted abroad, for instance, must go through the usual Immigration process and apply for permanent resident status.

2.9 Ask Immigration for information

If it appears that paragraph 2(2)(b) should be used, send a letter to the local Immigration staff asking if Immigration has any objections to the applicant being deemed a permanent resident. A sample letter appears at the end of this section.

The date of permanent residency is the date the applicant claimed to have entered Canada. This date must be supported by documentation. Record the documents used to establish long and continuous residence.

2.10 Refer objection to Case Management Branch

If Immigration does have objections, refer the case to Case Management Branch.

2.11 Obtain documents establishing residence

Obtain documents from the applicant to establish presence in Canada.

In all cases, the applicant must submit an affidavit from any person, other than an immediate family member. The affidavit must indicate how long the person has known the applicant, how long the person has lived in Canada based on their personal knowledge of the applicant and the date (year) of entry according to their personal knowledge of the applicant. In addition, the applicant must submit other documents to satisfy the judge that person has lived in Canada for a minimum of ten years. The following are some, but not all, of the documents that can be used to establish long and continuous presence in Canada. This is not a complete list and documents are not listed in order of priority.

The documents to establish residence could be:

• census records
• divorce decree
• for a woman, parentage as shown on her child's (children's) Canadian-issued birth certificate(s)
• marriage certificate issued in Canada showing that the individual is one of the marriage partners
• proof of employment with dates employed
• proof of school enrollment with dates of attendance
• rent receipts showing the period for which rent was paid
• statement from medical insurance authorities giving the effective date of the individual's insurance

2.12 Ensure information checked

Ensure that Immigration’s letter responding to your inquiry shows that all of the information provided has been checked and that Immigration has no objection to the person remaining in Canada.

2.13 Continue processing

Once all documents and verification from Immigration is received, the file can be processed normally and referred to a judge. When section 2(2)(b). of the Act is being considered to deem landing, ensure that Immigration's "No Record" letter and supporting documents are part of the application file before referring the file to a judge.

2.13.1 Judge determines if 2(2)(b) is used

The judge determines if residence has been met. If the judge does determine that residence has been met the judge will include a note in his or her decision indicating he or she used Section 2(2)(b) to deem landing.

2.14 Inform immigration of results

It is the granting officer’s responsibly to ensure immigration is made aware of the landing under 2(2)(b) so that immigration records may be updated.

2.15 Sample letter to Immigration for 2(2)(b) cases

To: Officer in Charge
Canada Immigration Centre

From: Office of Canadian Citizenship

Re: Applicant's Name and Address (give ALL variations of an individual's name (including aliases and maiden name where applicable)

The above–named person has applied for the grant of citizenship under Subsection ___ of the Citizenship Act.

According to the application and documentation submitted, he or she was born in ___ on ____ and claims to have entered Canada at ____ on ____by___ .

Please provide us with details of any record that Immigration may have concerning the above–named person.

If this person has not been lawfully admitted to Canada for permanent residence, please advise us:

a) whether he/she is under an order of deportation;

b) whether you have any adverse information about him/her; and,

c) if applicable, the reason why Minister's permit No.___ was issued on___ at___ .

If you have no objections and do not intend to initiate procedures to grant this person permanent resident status, consideration will be given to deeming him/her lawful admission to Canada for permanent residence under paragraph 2(2)(b) of the Citizenship Act.

You will be informed at a later date whether such action has been taken.

Thank you for your continued cooperation and assistance.

___________________
Citizenship Officer