Regulations Amending the Citizenship Regulations

Policy effect

Amended the Citizenship Regulations to require adult applicants for Canadian citizenship aged 18 to 54 to submit upfront objective evidence of language proficiency (such as third-party test results, secondary/post-secondary education transcripts in English or French, or completion of designated government language training programs) demonstrating basic competence in oral communication (Canadian Language Benchmark level 4).

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Subsection 3(4) of the Citizenship Regulations (see footnote 1) is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) evidence that demonstrates that the applicant has an adequate knowledge of one of the official languages of Canada, including language test results or other evidence that demonstrates that the applicant meets the criteria set out in section 14. 2. Section 14 of the Regulations is replaced by the following: 14. A person is considered to have an adequate knowledge of one of the official … program inefficiencies resulting from processing applications from people who apply without adequate language skills. Finally, there are no specific criteria for the assessment of language proficiency and no objective evidence of language proficiency, which makes assessments challenging for decision makers. Description: The amendments to the Citizenship Regulations (the Regulations) require applicants to furnish evidence of language proficiency with their citizenship application, including language test results or other objective evidence such as evidence of completion of secondary or post-secondary education in English or French or evidence from certain government-funded language training programs. The amendments also establish clearer language assessment criteria that align with the established Canadian Language Benchmark/Niveaux de compétence linguistique canadiens (CLB/NCLC) level 4, which most closely matches the current level required for citizenship. The language level required for citizenship is not being increased. The regulatory amendments also clarify that the language skills to be assessed are speaking and listening. Finally, the amendments remove the current regulatory requirement … set of coordinated initiatives to strengthen the value of citizenship. 5. Description Section 3 of the Regulations is being amended to require applicants to furnish evidence of language proficiency with their citizenship application. Such evidence could include approved third-party language tests or alternative objective evidence. Administrative guidelines will provide a list of acceptable language tests which are correlated with the CLB/NCLCs, such as tests that are currently accepted for immigration to Canada. Guidelines will also specify acceptable alternative objective evidence such as completion of secondary or post-secondary education in French or English or achievement of a certain level in a language training course such as the federally funded Language Instruction for Newcomers to Canada/Cours de langue pour les immigrants au Canada (LINC/CLIC). Tests previously completed by the applicant and accepted for other purposes, such as tests taken as part of their immigration application as a principal applicant in the Federal Skilled Worker Class or the Canada Experience Class, will also be considered acceptable for citizenship purposes. Requiring evidence of language proficiency … provides citizenship judges with objective evidence on which to base their decision. It is expected that there will be a decrease in the number of language interviews with citizenship judges because applicants will only apply when they have the requisite language proficiency. Section 14 of the Regulations is also being amended to provide the criteria for assessing speaking and listening skills and to capture the key elements of CLB/NCLC level 4 descriptors, such as the ability to take part in short routine conversations about everyday topics, to use basic grammatical structures and tenses, to have … describing, measuring and recognizing the language proficiency of adult immigrants in both English and French. External tests have been correlated against them as they are used under the Immigration and Refugee Protection Act. Clarifying the language assessment criteria in section 14 of the Regulations increases consistency, fairness and transparency. Clear and consistent standards will also benefit government officials, employers and fellow members of society by increasing confidence in the language proficiency of citizens and in the citizenship program generally. The changes apply to adult citizenship applicants who must meet the language requirement. Currently, applicants aged 18 to 54 must meet the language requirement and, therefore, this is the group of people who will be required to provide upfront evidence of language proficiency. This represents approximately 134 000 applicants per year. All such applicants will be affected by the new Regulations and will need to provide evidence of their language proficiency. CIC will mitigate adverse impacts on applicants by allowing for a range of objective language proficiency evidence. It is expected that the majority of citizenship applicants …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2012

• 2012-03-02Five-Year Sponsorship Bar for Previously Sponsored Spouses and Common-Law Partners
• 2012-06-28Protecting Canada's Immigration System Act
• 2012-06-29Jobs, Growth and Long-term Prosperity Act
• 2012-06-30Order Respecting the Interim Federal Health Program, 2012
• 2012-07-01Updated Ministerial Instructions
• 2012-09-11Imposition of Temporary Resident Visa Requirement for Botswana, Namibia, Swaziland, St. Lucia, and St. Vincent
• 2012-10-18Application and Refugee Status Verification Requirements for Groups of Five and Community Sponsors
• 2012-10-25Conditional Permanent Residence for Sponsored Spouses and Partners
• 2012-11-23Mandatory In-Person Reporting Requirements for Designated Foreign Nationals
• 2012-12-15Refugee Appeal Division appeal provisions commenced
• 2012-12-19Expedited Asylum Claim Timelines and Work Permit Restrictions for Designated Countries of Origin