Loss and Renunciation of Citizenship (17:VII): Difference between revisions

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{{DEMOWARNING}}
{{LSLAP Manual TOC|expanded = citizenship}}
{{LSLAP Manual TOC|expanded = citizenship}}
There are few reasons for losing Canadian citizenship under the current Citizenship Act. These are outlined in Part II of the Act, and may occur:
 
There are few reasons for losing Canadian citizenship under the current ''Citizenship Act''. These are outlined in Part II of the Act, and may occur:
# where a person renounced his or her citizenship by application;  
# where a person renounced his or her citizenship by application;  
# where a person has been admitted to Canada for permanent residence by false representation, fraud, or by knowingly concealing material circumstances;
# where a person has been admitted to Canada for permanent residence by false representation, fraud, or by knowingly concealing material circumstances;
# where a person became a citizen by false representation, fraud, or by knowingly concealing material circumstances;
# where a person became a citizen by false representation, fraud, or by knowingly concealing material circumstances;
# where a person who is born outside of Canada after February 14, 1977 is a citizen for the reason that at the time of his or her birth one of his or her parents was a citizen who was also born outside of Canada to a Canadian parent, that person ceases to be a citizen on attaining the age of 28 years unless that person:  
# where a person who is born outside of Canada after February 14, 1977 is a citizen for the reason that at the time of his or her birth one of his or her parents was a citizen who was also born outside of Canada to a Canadian parent, that person ceases to be a citizen on attaining the age of 28 years unless that person:  
#*applies to retain his or her citizenship; and  
#*a) applies to retain his or her citizenship; and  
#*registers as a citizen and either resides in Canada for a period of at least one year immediately preceding the date of his or her application or establishes a substantial connection with Canada;
#*b) registers as a citizen and either resides in Canada for a period of at least one year immediately preceding the date of his or her application or establishes a substantial connection with Canada;
# where a person has been convicted of an offense listed in s. 10 (2) of the Act (new Bill C-24 s. 10 (2) grounds for revocation).
# where a person has been convicted of an offense listed in s. 10 (2) of the Act (new Bill C-24 s. 10 (2) grounds for revocation).


Note that the Act now provides that if a person obtained their citizenship through fraud, they cannot re-apply for citizenship for 10 years from the date of their loss of citizenship.
Note that the Act now provides that if a person obtained their citizenship through fraud, they cannot re-apply for citizenship for 10 years from the date of their loss of citizenship.


Additionally, a person who is a “dual citizen” (someone with citizenship in a country other than Canada) may be stripped of their Canadian citizenship for convictions of terrorism, war crimes or crimes against humanity, or treason, and can never again apply for citizenship.  In situations where a client has been charged with these offences, the clinician should seek further instructions from the supervising lawyer.{{REVIEWED | reviewer = LSLAP 1 and LSLAP 2, August 10, 2015}}
Additionally, a person who is a “dual citizen” (someone with citizenship in a country other than Canada) may be stripped of their Canadian citizenship for convictions of terrorism, war crimes or crimes against humanity, or treason, and can never again apply for citizenship.  In situations where a client has been charged with these offences, the clinician should seek further instructions from the supervising lawyer.
{{Creative Commons for LSLAP Manual}}
__NOGLOSSARY__

Revision as of 00:43, 28 June 2016



There are few reasons for losing Canadian citizenship under the current Citizenship Act. These are outlined in Part II of the Act, and may occur:

  1. where a person renounced his or her citizenship by application;
  2. where a person has been admitted to Canada for permanent residence by false representation, fraud, or by knowingly concealing material circumstances;
  3. where a person became a citizen by false representation, fraud, or by knowingly concealing material circumstances;
  4. where a person who is born outside of Canada after February 14, 1977 is a citizen for the reason that at the time of his or her birth one of his or her parents was a citizen who was also born outside of Canada to a Canadian parent, that person ceases to be a citizen on attaining the age of 28 years unless that person:
    • a) applies to retain his or her citizenship; and
    • b) registers as a citizen and either resides in Canada for a period of at least one year immediately preceding the date of his or her application or establishes a substantial connection with Canada;
  5. where a person has been convicted of an offense listed in s. 10 (2) of the Act (new Bill C-24 s. 10 (2) grounds for revocation).

Note that the Act now provides that if a person obtained their citizenship through fraud, they cannot re-apply for citizenship for 10 years from the date of their loss of citizenship.

Additionally, a person who is a “dual citizen” (someone with citizenship in a country other than Canada) may be stripped of their Canadian citizenship for convictions of terrorism, war crimes or crimes against humanity, or treason, and can never again apply for citizenship. In situations where a client has been charged with these offences, the clinician should seek further instructions from the supervising lawyer.