Intent to reside — s 5(1)(c.1)
Overview
Section 5(1)(c.1) of the Citizenship Act requires that a citizenship applicant, if granted citizenship, intends to continue to reside in Canada. This requirement is assessed at the time of the application — the applicant must have the intention to reside in Canada if they are granted citizenship. It does not prevent a Canadian citizen from subsequently moving abroad — a citizen is free to live wherever they choose. The intent to reside requirement is primarily aimed at applicants who have no genuine connection to Canada and apply for citizenship purely for a travel document.
The intent to reside requirement was introduced by the Strengthening Canadian Citizenship Act in 2014 and has been interpreted narrowly. Once citizenship is granted, the intent to reside condition has been fulfilled — a citizen who later moves abroad does not breach any continuing obligation.
Legal basis
- Citizenship Act s 5(1)(c.1) — if the person is a permanent resident and intends, if granted citizenship, to continue to reside in Canada or to be employed by or under contract with the Canadian federal or provincial government, or in service of an international organisation of which Canada is a member
How it works
Timing of assessment
The intent to reside is assessed at the time of the citizenship application. The question is: does the applicant, at the time of applying, intend to reside in Canada? A person who is temporarily abroad for work or family reasons may still meet this requirement if they intend to return to Canada after their citizenship is granted.
What satisfies the requirement?
IRCC assesses intent based on the overall circumstances:
- The applicant's ties to Canada (family, employment, property)
- The purpose of the citizenship application
- Whether there are signs that the applicant plans to permanently leave Canada immediately after obtaining citizenship
The requirement is not burdensome for genuine applicants who have been living and working in Canada. It is designed to address the rare situation where someone applies purely for a passport with no real connection to Canada.
Post-grant mobility
Once citizenship is granted and the oath is taken, a Canadian citizen is free to live anywhere in the world. Moving abroad after grant is not a violation of s 5(1)(c.1) — the intent requirement was satisfied at the time of the application. Canadian citizenship, once granted, is not conditional on continued residence.