What is a Super Visa? 

A super visa allows parents and grandparents of Canadian permanent residents and citizens to stay in Canada for an extended period.  

If you have a valid Super Visa, you can stay with your children or grandchildren for up to five years. This visa allows you multiple entries to Canada for up to 10 years. 

If you have applied for a super visa on or after June 22, 2023, you can stay in Canada for up to 5 years. If you have entered Canada before June 22, 2023, you can only stay for the duration of time granted by the border officer. However, under some circumstances, you might be permitted to stay for an extended period. 

Who is eligible? 

To meet the requirements of a Super Visa, your host must be the following: 

• your child or grandchild  
• of the legal age, i.e., at least 18 years old and resides in Canada 
• a Canadian citizen, permanent resident, or a registered Indigenous person 
• fulfils the necessary income requirements 
• provide you with an invitation letter which includes:-  
• Commitment to support you financially during your 
• A list of all the family members to determine the minimum necessary income 

You also need to meet other requirements: 

• you need to be outside of Canada when you apply for a Super Visa 
• permitted to enter Canada 
• undergo an immigration medical exam 
• have a valid health insurance 

Things IRCC will look into while going through your application 

• ties to your home country 
• what is the purpose of your visit? 
• your income and your family’s income 
• economic and political conditions of your homeland 

Want to know more about Super Visa? 

Brace Law can provide you with expert guidance and assistance. Our team is experienced in family class sponsorships and can help you navigate the process successfully. 

To get started, contact Brace Law at 905-815-6555 or email  staff@bracelaw.ca we offer consultations and services in multiple languages, including English, Italian, Albanian, Arabic, Russian, Punjabi, Farsi, Hindi, Malayalam and Urdu. Trust Brace Law for reliable legal support! 

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Since its inception in 1947, the Canadian Citizenship Act has undergone multiple amendments. Initially, the Act allowed Canadian parents to pass citizenship to their children born outside of Canada across successive generations, provided that the foreign-born descendants registered with the government within a specific timeframe.

In 2009, a significant change known as the second-generation cut-off was introduced. This amendment was implemented to discourage the concept of “Canadians of convenience,” as stated by the then-immigration minister, Diane Finley. Its purpose was to ensure that citizens have a genuine connection to Canada. Consequently, citizenship transmission by descent was limited to only the first generation born abroad, emphasizing the importance of a tangible link between individuals and the country.

By understanding the provisions of the Canadian Citizenship Act and its historical evolution, we gain insights into the rationale behind the second-generation cut-off rule and its role in fostering a meaningful connection between citizens and Canada.

The Current Lawsuit

A current lawsuit involves 23 individuals from seven families who are challenging the second-generation cut-off rule introduced in 2009. They argue that this rule discriminates based on birthplace, violates mobility and liberty rights, and disproportionately disadvantages women who had to give birth outside Canada due to circumstances beyond their control. The Ontario Superior Court of Justice is tasked with determining whether Canada violates the Charter by limiting the transmission of citizenship by descent to only the first generation born abroad.

The families involved in the lawsuit, as reported by the Toronto Star, contend that the government’s stance oversimplifies the complex realities surrounding the choices they faced, such as access to healthcare, healthcare costs, travel risks, loss of employment and income, and hindrances to career advancement.

The initial justification provided by Minister Finley for the second-generation cut-off was to address concerns regarding “Canadians of convenience” who lacked a genuine connection to Canada and sought citizenship solely to preserve the option of living in the country. However, the applicants in the lawsuit are not Canadians of convenience. They returned to Canada as young children and spent their formative years in the country, according to Sujit Choudry, legal counsel for the families.

While Canadians born in Canada and naturalized Canadians can pass their citizenship to their children born abroad, Canadians born abroad by descent are unable to do so. The families’ legal counsel argues that this distinction is arbitrary and represents a clear form of discrimination.

How to Apply for Proof of Citizenship?

To obtain proof of Canadian citizenship, you need to follow the official process established by the Canadian government. This involves applying for a “proof of Canadian citizenship” or a Canadian citizenship certificate, which is issued by Immigration, Refugees and Citizenship Canada (IRCC). Along with a Canadian birth certificate, the citizenship certificate is one of the two accepted documents for proving Canadian citizenship when dealing with Passport Canada.

You have the flexibility to apply for a Canadian citizenship certificate at any point in your life, regardless of whether your Canadian parent is alive or deceased. To initiate the application, you will need to download the application package provided on IRCC’s website. As part of the application, you will be required to provide evidence that one of your legal or biological parents at the time of your birth was a Canadian citizen.

The application can be submitted conveniently online through IRCC’s website. Once your application is received, you will receive an “acknowledgement of receipt” confirming that your application has been received. Your application will then undergo review and processing by the relevant authorities at IRCC.

Remember, when dealing with matters as crucial as Canadian citizenship and immigration, it is vital to have a trusted legal partner by your side. Brace Laws can be that trusted partner, offering professional consultation and services to help you navigate the complexities and achieve the best possible outcome for your case.

Take the necessary steps today and schedule a consultation with Brace Law to ensure your rights are protected and to maximize your chances of success in challenging the second-generation cut-off rule or any other immigration-related issues you may be facing. We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

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1. No Need to Renew Your Status

In Canada, most PR cards are only valid for 5 years, at which point you will need to renew. You will need to go through this renewal process regularly if you remain a Permanent Resident no matter how long you live in Canada. During the 5-year period, you will need to meet residency requirements; 730 days must be spent in Canada to retain your PR status. This can be limiting if you hope to travel or live abroad for lengths of time while maintaining your status in Canada.

If you are a Canadian Citizen, however, there is no need to renew your status. While you may still see some residence requirements as a citizen—to retain healthcare coverage, for example—you will have much more flexibility in the length of time you spend in Canada vs. abroad.

To apply for Canadian Citizenship, you must have lived in Canada for 1095 days in a 5-year period. You may even be able to reach this number in your first term as a Permanent Resident!

2. Protection Against Losing Status

Similarly, if you are a Canadian Citizen you will benefit from additional protections to your status, as there are very few circumstances in which a Canadian Citizenship can be revoked. As a Permanent Resident, you can still be deported no matter how long you have lived in Canada.

If you are convicted of a crime, for instance, depending on the seriousness, you may have your PR status revoked and be deported to your home country. However, if you are a Citizen, you will not face such consequences.

There are some situations in which a citizenship could be revoked. If you have obtained your citizenship through false means or fraud, pose a threat to national security, have committed human or international rights violations, or are involved in organized crime, you could be at risk of having your citizenship revoked.

3. Increased Job Opportunities

If you become a Canadian citizen, you will also have access to an increased job pool. Canadian Citizens can apply for jobs that are not available to Permanent Residents, including some government jobs. Some jobs also require security clearances that are only available to citizens. If you are on the hunt for employment, or would like to break into previously unattainable industries, you should work on becoming a Canadian Citizen.

4. Right to Vote 

Another benefit to becoming a Canadian Citizen is that citizenship gives you the right to vote in all elections. Voting will allow you to play an important role in influencing Canadian policies by voting for representation based on your own views. You will also be able to run for elected political office—where you will be able to further represent your community, influence policy, and play a crucial role in the Canadian political system.

5. Canadian Passport 

Finally, gaining Canadian Citizenship will give you access to the Canadian passport. The Canadian passport is very valuable internationally, since many countries worldwide allow Canadians to enter without a visa for approved purposes, such as tourism travel.

Additionally, Canada recognizes dual citizenship, so you may be able to hold two passports—your Canadian passport, and that of your home country. If your home country does not allow dual citizenship, it is important to weigh the strengths and weaknesses of the two passports against each other so you can determine which is the better choice.

Applying for Canadian Citizenship as a Permanent Resident has many benefits—both to you and to the country at large! Not only will you be able to proudly call yourself a Canadian, but you will be able to experience the benefits of citizenship for yourself. If you are a Permanent Resident who is interested in learning more about becoming a Canadian Citizen, or who needs help with the application process, contact the Immigration Lawyers at Brace Law. Our team of lawyers will assist you through the process, ensuring you submit the best possible application.

We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Consider It Handled!

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1. How do I become a Canadian citizen?

In order to become a Canadian citizen there are some criteria that must first be met.  You must:

1. Be a permanent resident
2. Have lived in Canada for 3 out of the last 5 years
3. Have filed your taxes if you need to
4. Pass a citizenship test
5. Prove your language skills

2. What is the difference between citizenship and permanent residency in Canada?

The main difference between citizenship and permanent residency in Canada is that prior to becoming a citizen, one must become a permanent resident. Both permanent residence and citizenship have a different application process and requirements.  Learn more about becoming a permanent resident or citizen, and whether you are eligible for either status, by contacting the immigration lawyers at Brace Law.

3. What language level do I need when I apply for Canadian citizenship?

To become a Canadian citizen, you must show adequate knowledge of both of Canada’s official languages, English and French, by proving you are able to speak and listen at the Canadian Language Benchmarks Level 4 (CLB 4) or higher. To learn more about how your language level is measured, contact our immigration lawyers at Brace Law.

4. Who must take the citizenship test?

If you are between the ages of 18 and 54, you must take the citizenship test at the time you apply for citizenship.

5. Can I become a Canadian citizen when I marry a Canadian?

No, marrying a Canadian citizen doesn’t give you Canadian citizenship. To become a Canadian citizen, you must go through the general application process, as the requirements to attain citizenship are the same across all individuals. For assistance with your citizenship application, contact our immigration lawyers at Brace Law.

6. Can I include time spent outside of Canada as my physical presence requirement when applying for citizenship? 

This is applicable only in limited scenarios, such as being employed with the Canadian Armed Forces.

7. Can I leave Canada after mailing my citizenship application?

Yes, you can leave Canada after the application has been received. To ensure you stay eligible for Canadian citizenship, one of the requirements asks that you keep your Permanent Resident card with you on your travel so that you are able to return to Canada.

8. What if my citizenship application is refused?

If your application is refused, you can reapply right after receiving your decision. However, you should ensure you meet the requirements before reapplying. Contact the immigration lawyers at Brace Law to ensure that you are submitting a complete application.

9. If I am Canadian, and my child was born outside of Canada, are they Canadian?

Your child may be considered a Canadian citizen if at least one parent (legal or biological) was either born in Canada or became a Canadian citizen prior to the birth of the child.

10. What is dual citizenship?

Dual citizenship is when more than one country considers you to be a citizen.

We hope that this list has answered your most pressing questions about becoming a Canadian citizen. If you still have questions, would like more information about the process, or need assistance applying for citizenship, the team at Brace Law is here to help.

We serve our clients in English, Albanian, Italian, Arabic, Punjabi, Hindi, Farsi and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

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