Grant of citizenship — s 5
Overview
The grant of Canadian citizenship under s 5 of the Citizenship Act requires an applicant to: (1) be a permanent resident; (2) have been physically present in Canada for at least 1,095 days in the 5 years immediately before applying; (3) have met income tax filing obligations in Canada in at least 3 of the 5 years; (4) for applicants aged 18–54, demonstrate knowledge of Canada and adequate knowledge of English or French (CLB 4); and (5) take the oath of citizenship. Applicants who are prohibited persons under s 22 (under a removal order, serving a sentence, etc.) are not eligible.
The citizenship application process involves submitting documents, potentially attending a hearing before a citizenship judge, writing a knowledge test (for eligible applicants), and attending a citizenship ceremony to take the oath. Processing times vary but have historically been 12–24 months.
Legal basis
- Citizenship Act s 5(1) — the Minister shall grant citizenship to any person who makes application, who is a permanent resident and satisfies the eligibility criteria
- Citizenship Act s 5(1)(c) — physical presence: 1,095 days in the 5 years immediately before applying
- Citizenship Act s 5(1)(c.1) — intent to reside in Canada after grant
- Citizenship Act s 5(1)(d) — tax filing obligation in at least 3 of the 5 years
- Citizenship Act s 5(1)(e) — language and knowledge (for applicants aged 18–54)
- Citizenship Act s 22 — prohibited persons who may not be granted citizenship
How it works
Permanent resident requirement
The applicant must be a permanent resident (PR) of Canada at the time of application. Time as a temporary resident (student, worker, visitor) does not count as qualifying presence for the 1,095-day calculation — only days as a PR count fully. Note: days in Canada before becoming a PR (as a temporary resident) counted for half a day each under earlier rules (pre-June 2015 applications).
Physical presence — 1,095 days in 5 years
The applicant must have been physically present in Canada for at least 1,095 days (3 years) out of the 5 years immediately before the application date. Days are counted as calendar days — partial days count as full days. Every day out of Canada reduces the count. See the physical presence requirement page for details on calculation.
Tax compliance
The applicant must have filed income taxes in Canada for at least 3 of the 5 years in the physical presence calculation period (if required to file under the Income Tax Act). Persons who were not tax residents of Canada (e.g., students who only recently arrived) are not penalised for non-filing years when they were not required to file. However, persons who were required to file and did not may be refused or delayed.
Language and knowledge (ages 18–54)
Applicants aged 18–54 must demonstrate:
- Adequate knowledge of English or French (CLB 4 equivalent — basic conversational ability)
- Adequate knowledge of Canada (passing the citizenship knowledge test on Canadian history, geography, values, and institutions)
Applicants under 18 and 55 and older are exempt from the language and knowledge requirements.
The oath of citizenship
Every applicant who is granted citizenship must take the Oath of Citizenship at a citizenship ceremony. The oath is administered by a citizenship judge. Taking the oath is the final step — citizenship is conferred at the moment the oath is sworn.