Revoking Canadian Citizenship

Citizenship in Canada is a protected privilege and cannot be taken away as a general rule. However, there are few instances where this privilege may be compromised.

Grounds For Revoking Citizenship

Canadian law allows for revocation in certain circumstances. Subsections 10(1) and 10.1(1) of the Citizenship Act provide that a person’s citizenship or renunciation of citizenship may be revoked if the person obtains, retains, renounces, or resumes citizenship by

• False representation;
• Fraud; or
• Knowingly concealing material circumstances.

Citizenship may also be revoked if a person (who is a dual citizen), before or after the coming into force of subsections 10(2) and 10.1(2) and while the person was a Canadian citizen,

• Was convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received; or
• Served as a member of an armed force of a country or as a member of an organized armed group and that country or group was engaged in armed conflict with Canada.

Status of Person Under Revocation Proceedings

A person undergoing revocation proceedings is still entitled to all rights and privileges of Canadian citizenship until the citizenship is revoked. The effectivity of revocation is reckoned from either the date of the Minister’s decision to revoke citizenship or the date of the declaration by the Federal Court.

Status of Person Under Revocation Proceedings

A person undergoing revocation proceedings is still entitled to all rights and privileges of Canadian citizenship until the citizenship is revoked. The effectivity of revocation is reckoned from either the date of the Minister’s decision to revoke citizenship or the date of the declaration by the Federal Court.

Process for Citizenship Revocation

Anyone who is facing possible citizenship revocation may opt to have their case heard and decided by the Federal Court or to request for the Minister of Immigration, Refugees, and Citizenship to decide the case.

Immigration authorities will usually send a Request for Information letter before starting revocation proceedings, stating the allegations against the person and providing 30 days as an opportunity to reply and provide reasons as to why the citizenship should not be revoked. On the basis of the response, the citizenship authorities will determine if the formal process of revocation of citizenship can begin.

Should the immigration authorities decide to pursue the revocation, a Notification Letter will be sent and 60 days will be given to respond and give evidence to be considered before a final decision is made. Various personal circumstances may be considered in the submissions, such as the amount of time spent in Canada before and after acquiring citizenship, the presence of family in Canada or potential hardship in the home country if the citizen is to go back there.

The Federal Court is the decision-maker for all citizenship revocation cases unless you request the Minister be the decision-maker.

What happens after revocation?

Once citizenship is revoked for false representation, fraud, or knowingly concealing material circumstances (including in the permanent resident process), a person must wait 10 years from the date of revocation before applying for citizenship.

If 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, a person is permanently barred from being granted citizenship.

If you are on the verge of a citizenship revocation process, you need to be aware that there are rights afforded to you. To better protect your privileges, our firm has Filipino immigration lawyers who can better assist and represent you in this difficult and life-altering situation.

Get in touch with our Angeles & de Jesus Law LLP or AJ LAW LLP’s Immigration Team at 160 Eglinton Avenue East, Suite 406, Toronto, ON or via phone at +1 (416) 409-5991 or email us at info@ajlawpartners.ca for your FREE INITIAL CONSULTATION. You can also visit our website https://www.ajlawpartners.ca/ for more information about the services we offer.