Would-be citizens thwarted by date change
New residency requirements kick in unexpectedly early, creating additional hurdles
Antje Splettstoesser was counting down the days to June 6, when she would meet the residency requirement to apply for Canadian citizenship.
Anticipating looming changes of the law by Ottawa, the German native had religiously checked with the government call centre for the exact date when applicants would be required to be present in Canada for four years out of six — rather than three out of four — to qualify.
So eager was Splettstoesser, 35, to get her citizenship that she would not even take a vacation, to ensure she accumulated enough days in Canada to beat the new residency requirement.
“Every time I called, I was told the new law would take effect on June 19,” said Splettstoesser, a Toronto- based marketing and sales director of the German National Tourist Office, who first came to Canada on a work visa in 2009 and became a permanent resident three years ago.
“Then on June 5, Citizenship and Immigration Canada posted on its website that the new provision would be implemented on June 11.”
On June 6, she sent her application package to the immigration department’s processing centre in Sydney, N.S., via Canada Post priority service.
On June 25, Splettstoesser opened her mailbox and saw her returned citizenship application with the note: “You have submitted an outdated version of the citizenship application. Please resend your application using the current version of the application form.”
Splettstoesser will now be assessed under the higher residency threshold and must wait for at least another year to be eligible — and that means she won’t be able to spend a single day outside of Canada.
“I cannot tell you how frustrating this experience is to someone who really wants — officially and by law — to finally be a part of this society. I travel a lot for work and who knows when they are going to change the law again? It’s an issue of security for immigrants,” said Splettstoesser, who will be refunded the $630 application fee.
“The lack of transparency in this process is truly a shame. Even if you call the call centre, they can confirm that they were not aware of the June 11 date either and that it was a lastminute decision. It is one thing to change a law and another to properly put it in place.”
Immigration officials could not provide the number of citizenship applications returned to date.
But they maintain the reforms help deter those who would become citizens only for the sake of having a Canadian passport to access taxpayer-funded benefits.
“Our reforms ensure new citizens are better prepared for full participation in Canada’s economy and Canadian society. This is a win for newcomers and a win for Canada,” Immigration Minister Chris Alexander said in a news release.
Among other citizenship changes that came into force this month are: mandatory language requirements for applicants between 14 and 64 years old (changed from the previous 18 to 54 range); applicants’ declaration to reside in Canada; and a maximum $100,000 fine and five-year jail term for those convicted of fraud and misrepresentation in their applications.
Frances Rutherford said her husband, Felix Carpio, who immigrated here from Dominican Republic more than 30 years ago, turned 55 on May 28 and could have been exempt from the new language proficiency requirement if they had known the changes were to come into effect June 11.
Rutherford said Ottawa made the announcement on a Friday afternoon and allowed applicants just three office days to apply.
A friend of the couple who is a lawyer helped Carpio compile his application and mail it June 8, but immigration officials said it arrived June 11 and sent it back to them.
“We were so looking forward to this big event for him,” said Rutherford, who was born in Scotland and came here with her family when she was 2. “We are just angry and disappointed.”
“Wouldn’t it be fair and appropriate to give people perhaps a threemonth warning of the change? This just feels so underhanded. This can’t be Canada.”
Carpio, a house painter, can enrol in an English course and pay $300 to write and pass a standard test, or wait 10 years until he turns 65 and is exempt from the language proficiency requirement — assuming the law hasn’t changed again.