Citizenship Resumption
Are you a former citizen of Canada?
Would you like to resume your citizenship status?
At Bellissimo Immigration Law Group PC we can help!
Individuals who previously held citizenship may resume their citizenship status under certain circumstances. Please note resumption of citizenship is not retroactive or retrospective, but begins following the administration of the oath of citizenship.
Eligibility for resumption of citizenship
Pursuant to subsection 11(1) of the Citizenship Act, the following persons may be eligible to resume citizenship status:
11 (1) The Minister shall grant citizenship to
any person who, having ceased to be a citizen,
(a) makes
an application for resumption of citizenship;
(b) is not
the subject of an order made under section 10, as it read immediately before
the coming into force of section 8 of the Strengthening Canadian
Citizenship Act, a decision made under section 10, a declaration
made under section 10.1 or an order made under section 18 of the former Act;
(b.1) is not
the subject of a declaration made under section 20;
(c) is not
under a removal order; and
(d) has
become a permanent resident within the meaning of subsection 2(1) of the Immigration
and Refugee Protection Act, has, subject to
the regulations, no unfulfilled conditions under that Act relating to his or
her status as a permanent resident and has, since having ceased to be a citizen
and become a permanent resident,
(i) been
physically present in Canada for at least 365 days during the two years
immediately before the date of the application, and
(ii) met
any applicable requirement under the Income Tax
Act to file a return of income in respect of
the taxation year immediately before the year in which the application is made.
Further to subsection 11(b) above, section 10 of the
Citizenship Act defines when
citizenship status may be revoked. As such, the above relates that persons whose
citizenship status was previously revoked may not resume their status but must
instead apply for a new grant of citizenship under section 5 of the Citizenship Act. Additionally, women who
prior to 1947 lost their British subject status either because of their
marriage to a foreign national or because of their husband acquiring a foreign
nationality during their marriage may not resume
citizenship, but may acquire citizenship status under subsection 11(2) of
the Citizenship Act. Finally, persons
who status was already resumed as a result of 2009 amendments to the Citizenship Act may not apply for
resumption but may apply for a proof of citizenship.
Please note that applications from persons who are
serving or have served in the Canadian Armed Forces and who wish to resume
citizenship must be processed on a priority basis. Subsection 11(1)(d) does not
apply to individuals who during the two years preceding the application
completed six months of service in the Canadian Armed Forces. These persons
must otherwise meet all the applicable requirements of the Immigration and Refugee Protection Act relating to their permanent
resident status.
Please note that some requirements for eligibility
vary depending on whether the application was submitted before, on or after 11
June 2015. Please contact our office for further information and clarification.
Application and Process
Persons hoping to resume citizenship status must
submit an Application to resume Canadian
citizenship under subsection 11(1). Supporting documents that must be
submitted with the application include:
- Birth Certificate or
other evidence to demonstrate date and place of birth, plus two other identity
documents;
- Evidence of previous
citizenship and cessation of status, including a renunciation certificate or
naturalization certificate from a foreign country;
- Canadian immigration
records, including those demonstrating when the applicant was lawfully admitted
to Canada for permanent residence after cessation of citizenship status;
- Evidence that the
applicant meets residency requirements; and
- Processing fee.
Once the application is submitted to the Case
Processing Centre in Sydney, the information will first be checked against existing
citizenship records. Security and criminality clearances will also be
requested. The file is then forwarded to a level 2 decision maker who assesses
the applicant’s eligibility. If no concerns related to the application arise,
the citizenship officer will grant the application and refer to the local
office for scheduling of the citizenship ceremony. The citizenship ceremony process
then proceeds routinely.
If concerns do arise, additional documentation may
be requested. If this documentation is not provided, abandonment proceedings
may be initiated. If the documentation is provided but does not clarify the
officer’s concerns, the applicant will be referred for an interview with a
level 2 decision maker. If following this interview concerns remain, the case
is referred to a citizenship judge who will make a final decision. Finally,
where it appears that the applicant is prohibited from obtaining citizenship
status or is under a removal order, procedural fairness procedures will be
initiated by the Case Processing Centre. The applicant may then request an
in-person hearing, at which time the case will be referred to the local office
who will make a final decision. If the applicant does not request an in-person
hearing, then the application will not need to be referred.
Should you require assistance in applying for a resumption of citizenship, or in responding to a request for further documentation or procedural fairness procedures, please contact Bellissimo Immigration Law Group PC.
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Exceptional Legal Support from Bellissimo Law Group – Highly Recommended!
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