What to do when your Citizenship Application has been Refused by the Immigration, Refugees and Citizenship Canada (IRCC)
Our Filipino Lawyer can help citizenship applicants who get denied or refused by the IRCC.
Canadian citizens enjoy various rights, including being eligible for a Canadian passport and being able to vote in Canada, that permanent residents in Canada do not have. Applicants for Citizenship will be tested for their English language skills and may also engage in a citizenship ceremony.
It can be frightening to get your citizenship application rejected. However, the citizenship application form can be a complex form for some people, hence, denials are not as unusual. A handful of citizenship applications are currently rejected. Nevertheless, there are ways to address a refusal or rejection of a citizenship application.
It can be frightening to get your citizenship application rejected. However, the citizenship application form can be a complex form for some people, hence, denials are not as unusual. A handful of citizenship applications are currently rejected. Nevertheless, there are ways to address a refusal or rejection of a citizenship application.
The 10 Most Common Reasons for Canadian Citizenship Refusal
IRCC provides the following situations that may prevent you from becoming a Canadian citizen as prohibited under the Citizenship Act, as follows, if:
- “You’re in Canada
- Serving a term of imprisonment
- On parole
- On probation
- You’re serving a sentence outside Canada
- You’re charged with, on trial for, or involved in an appeal for an offence
- Under the Citizenship Act, or an indictable offence in Canada
- Committed outside Canada that’s equivalent to an indictable offence in Canada
- You’re under a removal order (Canadian officials asked you to leave Canada)
- You’re being investigated for, are charged with, on trial for, involved in an appeal for or have been convicted of
- A war crime, or
- A crime against humanity
- You had a citizenship application refused for misrepresentation in the past 5 years
- You had your Canadian citizenship revoked (taken away) because of fraud in the past 10 years
- You’ve been convicted of an indictable offence in Canada or an offence under the Citizenship Act, and
- If we received your application after June 11, 2015, and this conviction took place in the 4 years before you apply
- In the 4 years before you apply, you were convicted of an offence outside Canada that’s equivalent to an indictable offence in Canada. This applies
- Even if you were pardoned or granted amnesty
- Regardless of when we receive your application
- While a permanent resident, you
- Were convicted of terrorism, high treason, treason or spying offences
- Served as a member of an armed force of a country or territory, or an organized armed group, that’s engaged in armed conflict with Canada”
When an application for Canadian citizenship is refused, the applicant will receive a letter explaining the reasons for the refusal or denial. A refused applicant has 30 days to file an application for leave for judicial review.
Our Filipino Lawyer at AJ Law LLP can help you file an application for leave for judicial review 30 days from the time you were able to receive the denial of your citizenship application. Depending on what the reason for refusal was, this can include any briefs, written statements, or additional evidence. In order to re-determine your application and the new evidence, the immigration officer who will hear the appeal has a lot of discretion, so it is important to develop a good argument for your citizenship application. However, it depends on the reason why your application was refused by Immigration, Refugees and Citizenship Canada (IRCC). If an application for leave for judicial review is not what is called for by the denial of your application, then, your best option may be to wait and reapply if your citizenship requirement and qualifications have changed or improved.
For instance, if they refused because you do not meet the residency requirement, you might want to wait and reapply after spending more time in Canada. If they refused because you do not meet the requirements for language, you might want to wait until you reach 55 years of age, if that’s not too long to wait. People who are 55 years of age or older do not have to meet the requirements for language or the knowledge test.
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.
The 10 Most Common Reasons for Canadian Citizenship Refusal
IRCC provides the following situations that may prevent you from becoming a Canadian citizen as prohibited under the Citizenship Act, as follows, if:
- “You’re in Canada
- Serving a term of imprisonment
- On parole
- On probation
- You’re serving a sentence outside Canada
- You’re charged with, on trial for, or involved in an appeal for an offence
- Under the Citizenship Act, or an indictable offence in Canada
- Committed outside Canada that’s equivalent to an indictable offence in Canada
- You’re under a removal order (Canadian officials asked you to leave Canada)
- You’re being investigated for, are charged with, on trial for, involved in an appeal for or have been convicted of
- A war crime, or
- A crime against humanity
- You had a citizenship application refused for misrepresentation in the past 5 years
- You had your Canadian citizenship revoked (taken away) because of fraud in the past 10 years
- You’ve been convicted of an indictable offence in Canada or an offence under the Citizenship Act, and
- If we received your application after June 11, 2015, and this conviction took place in the 4 years before you apply
- In the 4 years before you apply, you were convicted of an offence outside Canada that’s equivalent to an indictable offence in Canada. This applies
- Even if you were pardoned or granted amnesty
- Regardless of when we receive your application
- While a permanent resident, you
- Were convicted of terrorism, high treason, treason or spying offences
- Served as a member of an armed force of a country or territory, or an organized armed group, that’s engaged in armed conflict with Canada”
For instance, if they refused because you do not meet the residency requirement, you might want to wait and reapply after spending more time in Canada. If they refused because you do not meet the requirements for language, you might want to wait until you reach 55 years of age, if that’s not too long to wait. People who are 55 years of age or older do not have to meet the requirements for language or the knowledge test.
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.