我想問一下C24法案居住意向取消國籍指的是出加拿大多長時間？時間是否有界定？是10年20年？ 1年2年？ 1個月2個月？ 1星期2星期？ 1天2天？

[Kevin Fu]

我想問一下C24法案居住意向取消國籍指的是出加拿大多長時間？時間是否有界定？是10年20年？ 1年2年？ 1個月2個月？ 1星期2星期？ 1天2天？

 

[哈法]

我想問一下C24法案居住意向取消國籍指的是出加拿大多長時間？時間是否有界定？是10年20年？ 1年2年？ 1個月2個月？ 1星期2星期？ 1天2天？

那条法律说居住意向会取消国籍？请给英文原文！别道听途说，自己吓唬自己。

 

[fierysteed]

我想問一下C24法案居住意向取消國籍指的是出加拿大多長時間？時間是否有界定？是10年20年？ 1年2年？ 1個月2個月？ 1星期2星期？ 1天2天？

没有具体说。这也是我反对C-24的主要原因之一。

 

[湖水边]

虽然我还没有投票权，但大路不平众人踩。什么罪行就追究什么罪行，反对莫须有的居住意向罪名，这样很容易被滥用侵犯公民权利。
法律面前一律平等，无法接受莫须有罪名。在舆论上，哪个党上台愿意废除C-24法案我就支持哪个党上台。

 

[湖水边]

那条法律说居住意向会取消国籍？请给英文原文！别道听途说，自己吓唬自己。

Intent to reside
http://www.cic.gc.ca/english/resources/tools/cit/grant/residence/intention.asp


This section contains policy, procedures and guidance used by CIC staff. It is posted on the CIC website as a courtesy to stakeholders.

The requirement respecting the intent to reside signals that citizenship is for those who intend to make Canada their home after being granted citizenship. This requirement will support deeper attachment to Canada and it will help deter citizens of convenience.

Background and authorities
Paragraph 5(1)(c.1) of the Citizenship Act, as amended by the Strengthening Canadian Citizenship Act (SCCA), states that an applicant must intend, if granted citizenship,

• to continue to reside in Canada;
• to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
• to reside with their spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

This requirement is also applicable to grant applications for Canadian Armed Forces and resumption applications, including resumption for Canadian Armed Forces. For resumptions, the relevant provisions of the Act are subparagraphs 11(1)(e)(i), (ii), and (iii).

For brevity, throughout this program delivery instruction, the term “intent to reside” will be used to refer to the intentions referred to in paragraphs 5(1)(c.1) and 11(1)(e) of the Act.

Subsection 5(1.1) of the Act states that for the purposes of paragraphs 5(1)(c.1) and 11(1)(e), the person’s intention must be continuous from the date of their application until they have taken the Oath of Citizenship.

Officers will be assessing the applicant’s intention if granted citizenship (i.e., what the applicant intends to do after becoming a citizen). Applicants must hold this intention to reside if granted citizenship from the time they sign their application to the time they take the Oath. The intent to reside is required to obtain citizenship but no longer applies once citizenship is granted. Once citizenship is granted, a citizen has the right to enter, remain in, and leave Canada as guaranteed by the Charter.

These procedures only apply to applications received on or after the coming into force of these provisions through the SCCA on June 11, 2015, not to pending applications in the inventory. The authority to determine that this requirement has been met is delegated to level 1 and level 2 decision makers.

Note: The intent to reside requirement must not be confused with the residence/physical presence requirement. The latter requires that an applicant must reside/be physically present for a certain period of time in Canada before applying for citizenship.

Declaring intent to reside
Applicants who apply on or after June 11, 2015, are required to check a box on the application form to indicate their intent to reside or that they are incapable of forming the intent because of a mental disability. If the applicant leaves this section empty, the Case Processing Centre in Sydney (CPC-S) will return the application as incomplete. If the applicant indicates on the application that they do not intend to reside, the CPC-S will return the application at the completeness checking stage because the applicant has self-declared that they do not meet one of the requirements of the Act. There are no acceptable reasons, other than a waiver due to mental disability or in the case of a minor applying as an adult, a waiver on compassionate grounds, for not intending to reside.

In most cases, checking a box to that effect in an application form will be sufficient for applicants to demonstrate that they meet that intent to reside requirement.

When it appears the applicant does not meet this requirement
Applicants can demonstrate they meet this requirement by signalling their intent to reside on the application form. However, if an officer, in reviewing the applicant’s circumstances, has concerns that a person may not meet this requirement (e.g., the applicant checked “no” on the application and the CPC-S returned their application, but the applicant resubmitted their application and insists for it to be processed or the applicant gives an indication during an interview that they may not have formed the intent to reside), the officer should consult their supervisor and contact the Citizenship Program Delivery Division for functional guidance.

Waiver
Pursuant to paragraph 5(3)(b.1), the requirement respecting the intent to reside may be waived on compassionate grounds for any person who is incapable of forming intent to reside because of a mental disability. Additionally, pursuant to subparagraph 5(3)(b)(iii), for a minor child applying as an adult under subsection 5(1), the requirement respecting the intent to reside may be waived on compassionate grounds. See Ministerial discretion to waive some of the requirements for a grant of citizenship on compassionate grounds.

 

[葫芦金刚]

这该死的C24，早废早好！

 

[湖水边]

保守党对得起支持他们的移民吗？看看这些移民挖空心思、奔走呐喊的样子，保守党一旦地位稳固就磨刀霍霍，切、切、切！莫须有的居住意向条款都出来了！
https://www.cba.org/CBA/submissions/pdf/14-22-eng.pdf


多思考一下专业法律人士的意见，移民部长的解释或者我给你的解释都是从个人角度，不具有100%的法律效力！

D. Intent to Reside in Canada if Granted Citizenship
This proposal is one of the most troubling in Bill C-24 and is highly vulnerable to abuse. The CBA Section strenuously opposes requiring applicants to demonstrate an intent to reside in Canada if granted citizenship.
First, the proposed requirement is likely unconstitutional. It would distinguish between naturalized and other Canadian citizens, and would violate mobility rights. （There would also be an incidental impairment of mobility for natural born Canadian citizens with naturalized children and spouses.）
It would create two tiers of citizenship: natural born Canadian citizens, who could travel and live abroadwithout restriction; and naturalized Canadians, who would risk losing their status if they were ever to leave Canada. Naturalized citizens could find themselves in a situation where, despite having an intent to reside in Canada at the time of application, need to go abroad temporarily for employment or personal reasons. Under the Bill, a single officer would decide whether the original intent to reside was a misrepresentation and potentially strip citizenship on this basis.
The intent requirement will result in a significant drain on CIC resources for both assessment and enforcement. Processing times will inevitably be longer with a subjective review of each applicant’s intent along with supporting documents. The requirement will not clarify or simplify the criteria or processing of citizenship, contrary to the Bill’s objective.
RECOMMENDATION:
6. The CBA Section recommends that the requirement that an applicant demonstrate an intent to reside in Canada if granted citizenship be eliminated.

 

[matata]

C-24法案目的是打击恐怖，还是打击不住在加拿大的人？
问题根本是没有一视同仁，分裂本土出生和后加入者，产生优先权。

 

[tiantianyingyu]

不好的苗头