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

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


'''NOTE: '''Previously, section 10(2) of the Act allows the Minister to revoke citizenship from dual Canadian citizens convicted of terrorism, treason or espionage, but section 10(2) and its derivative sections are repealed with Bill C-6 2017 and as such they are of no force and effect.
: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) but must meet all requirements of the Act under s. 5(1).


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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 which are not yet in force, the Federal Court will be the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision. The law will also give Citizenship Officers clear authority to seize fraudulent or suspected fraudulent documents in citizenship applications.
 
 
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Latest revision as of 18:42, 5 September 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 19, 2023.



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:

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) but must meet all requirements of the Act under s. 5(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 which are not yet in force, the Federal Court will be the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision. The law will also give Citizenship Officers clear authority to seize fraudulent or suspected fraudulent documents in citizenship applications.


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.