Loss of Citizenship (17:VII)

From Clicklaw Wikibooks

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 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 reside 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.

NOTE: Previously, section 10(2) of the Act allowed 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dual Canadian citizens convicted of terrorism, treason or espionage, but section 10(2) and its derivative sections are repealed with Bill C-6 2017 and as such they are of no force and effect.

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 2017, The Greater Vancouver Law Students' Legal Advice Society.

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