Citizenship Policy (CP) Chapter 6 - Section 3 [Residence prohibition]

Citizenship Policy Canadian Citizens

Chapter CP 6 - Prohibitions

Section 3 - Residence prohibition

3.1 This section is about

non-approving an application because the applicant does not appear to meet residence requirements because of residence prohibitions under the Act.

3.2 Review cases when there is doubt about residence

A Citizenship judge must review cases if there is doubt that the applicant meets the residence requirements for a grant of citizenship.

The doubt may come from an anonymous letter or telephone call or from conflicting information found in a review of the applicant's record.

3.3 If there is doubt, do not process application

If you doubt that an applicant meets the residence requirements, do not process the application any further until a determination can be made based on information on file.

Process

3.4 Send letter to applicant

If you need more documents to prove residence or criminality, send the applicant a letter by regular mail, or give the applicant a letter in person, asking for the documents.

Give the applicant 60 days to provide the documents.

3.5 If applicant is eligible

If the applicant provides the documents you requested, and they show that he or she does meet the residence requirements, continue processing.

3.6 If documents show applicant not eligible

If the applicant provides the documents requested, and they show that the applicant is not eligible for citizenship, schedule the applicant for an oral hearing with the citizenship judge.

Follow these steps to non-approve the application:

Step	Action
1	Judge non-approves application.
2	Send a non-approval letter by registered mail to the address on the application. Letter gives the reasons for the non-approval and gives the applicant two options: First option To re-apply when eligible. Second option To appeal to the Federal Court-Trial Division.
3	Officer reviews the file to determine whether or not to refer the case to Case Management Branch for investigation under Section 29 of the Citizenship Act. See Section 29 investigations

3.7 If applicant does not reply

If the applicant does not provide the requested documents within 60 days, schedule the applicant for an oral hearing with the judge and follow these steps:

Step	Action
1	Schedule the applicant for a hearing with a judge.
2	The judge asks the applicant to submit the required documents within 30 days.
3	If the applicant does not reply within 30 days, the judge makes decision based on the information on file. Judge non-approves application based on insufficient evidence to determine if person meets the requirements of the Act.	If applicant does provide judge with the documentation, the judge makes the decision based on complete evidence. Note: evidence may show applicant is not prohibited and judge may approve application.
4	If no documentation was provided, or if documentation shows applicant is prohibited, send a non-approval letter by registered mail to the address on the application. Letter gives the reasons for the non-approval and gives the applicant two options: First option To re-apply when eligible. Second option To appeal to the Federal Court-Trial Division.
5	Officer reviews the file to determine whether or not to refer the case to Case Management Branch for investigation under Section 29 of the Citizenship Act. See Section 29 investigations

Review for Section 29 investigation

3.8 Always review for possible Section 29 investigation

Always review a non-approved applicant's file to determine if there are grounds for a Section 29 investigation.

If there are grounds for a Section 29 investigation, send the applicant's file to Case Management Branch.

3.9 If no investigation needed, hold file for six months

If there are no grounds for a Section 29 investigation, keep the file at your Citizenship office for six months (appeal waiting period). See appeals

After six months, send the file to CPC-Sydney with a note clearly identifying the file as a non-approval and that refund is required.

CPC-Sydney will issue a refund and retire the file. See refund to Right of Citizenship fee.


		Last Modified: 2002-10-01	Important Notices