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

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{{LSLAP Manual TOC|expanded = citizenship}}


There are few reasons for losing Canadian citizenship under the current ''Citizenship Act''. These are outlined in [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-3.html#h-4 Part II of the Act], and may occur:
There are a few reasons Canadian citizenship may be lost under the current ''Citizenship Act''. These are outlined in [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-3.html#h-4 Part II of the ''Act'']. Loss of a Canadian citizenship may occur:
* 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 became a citizen by false representation, fraud, or by knowingly concealing material circumstances,
* where a person has been convicted of an offence listed in [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-4.html#docCont s. 10(2)] of the Act, and
* 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
** 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;


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.
:a) Where a person renounced his or her citizenship by application;


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.  Note that it is anticipated  that the provision affecting dual citizens will be removed in pending legislation, and a user of this service should seek the most current information on the status of this provision.
:b) Where a person has been admitted to Canada for permanent residence by false representation, fraud, or by knowingly concealing material circumstances;


:c)Where a person became a citizen by false representation, fraud, or by knowingly concealing material circumstances.


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Note that the ''Act'' now provides that if a person obtained their citizenship through false representation, fraud, or knowingly concealing material circumstances (including in the permanent resident process), they cannot re-apply for citizenship for 10 years from the date of their loss of citizenship. A person whose citizenship was revoked cannot apply for resumption of citizenship under s 11(1).
 
Any person whose citizenship is revoked due to a conviction for terrorism, high treason, treason, or spying offences, depending on the sentence received, or for serving as a member of an armed force of a country or an organized armed group engaged in armed conflict against Canada is '''permanently''' barred from being granted citizenship.
 
:'''NOTE:''' If a person became a permanent resident by false representation or fraud or by knowingly concealing material circumstances and, because of having acquired that status, the person subsequently obtained or resumed citizenship, then the person has obtained or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.
 
:'''NOTE:''' Under amendments introduced in Bill C-6, the Federal Court is the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision. The law also gives Citizenship Officers clear authority to seize fraudulent or suspected fraudulent documents in citizenship applications. 
 
 
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Latest revision as of 17:25, 7 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 2, 2024.



There are a few reasons Canadian citizenship may be lost under the current Citizenship Act. These are outlined in Part II of the Act. Loss of a Canadian citizenship may occur:

a) Where a person renounced his or her citizenship by application;
b) Where a person has been admitted to Canada for permanent residence by false representation, fraud, or by knowingly concealing material circumstances;
c)Where a person became a citizen by false representation, fraud, or by knowingly concealing material circumstances.

Note that the Act now provides that if a person obtained their citizenship through false representation, fraud, or knowingly concealing material circumstances (including in the permanent resident process), they cannot re-apply for citizenship for 10 years from the date of their loss of citizenship. A person whose citizenship was revoked cannot apply for resumption of citizenship under s 11(1).

Any person whose citizenship is revoked due to a conviction for terrorism, high treason, treason, or spying offences, depending on the sentence received, or for serving as a member of an armed force of a country or an organized armed group engaged in armed conflict against Canada is permanently barred from being granted citizenship.

NOTE: If a person became a permanent resident by false representation or fraud or by knowingly concealing material circumstances and, because of having acquired that status, the person subsequently obtained or resumed citizenship, then the person has obtained or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.
NOTE: Under amendments introduced in Bill C-6, the Federal Court is the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision. The law also gives Citizenship Officers clear authority to seize fraudulent or suspected fraudulent documents in citizenship applications.


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