Citizenship Act — C-29 5
Grant of citizenship 5 (1) The Minister shall grant citizenship to any person who (a) makes application for citizenship; (b) [Repealed, 2017, c. 14, s. 1] (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has (i) been physically present in Canada for at least 1,095 days during the five years immediately before the date of his or her application, and (ii) [Repealed, 2017, c. 14, s. 1] (iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the five years immediately before the date of his or her application; (c.1) [Repealed, 2017, c. 14, s. 1] (d) if 18 years of age or more but less than 55 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada; (e) if 18 years of age or more but less than 55 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and (f) is not under a removal order and is not the subject of a declaration by the Governor in Council made pursuant to section 20. Length of physical presence — calculation (1.001) For the purpose of subparagraph (1)(c)(i), the length of physical presence is calculated in the following manner: (a) for every day during which the person was physically present in Canada as a temporary resident or protected person under the Immigration and Refugee Protection Act before becoming a permanent resident, the person accumulates half of a day of physical presence, up to a maximum of 365 days; and (b) for every day during which the person has been physically present in Canada since becoming a permanent resident, the person accumulates one day of physical presence. Period of physical presence — spouse or common-law partner of citizen (1.01) Any day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was 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, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d). Period of physical presence — permanent residents (1.02) Any day during which an applicant for citizenship was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and was 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, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d). Period of physical presence — residing with permanent residents (1.03) Any day during which an applicant for citizenship was the spouse or common-law partner, or child, of a permanent resident referred to in subsection (1.02) and resided with that permanent resident shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d). Application — minor (1.04) When the application referred to in paragraph (1)(a) is in respect of a minor, it must be (a) made by a person who has custody of the minor or who is empowered to act on their behalf by virtue of a court order or written agreement or by operation of law, unless otherwise ordered by a court; and (b) countersigned by the minor, if the minor has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the