Can Canadian Citizenship Be Revoked?

Yes, Canadian citizenship can be revoked in certain cases, but only under specific circumstances outlined in the law. Typically, revocation applies to naturalized citizens rather than those born in Canada and often involves issues like fraud, misrepresentation, or actions that violate national security laws, such as:

Fraud or Misrepresentation
Criminal Activity or National Security Threats
Participation in Organized Crime
Dual Citizenship Violations
Military Service in a Foreign Army
Serious Misconduct or Disloyalty
Procedural Non-Compliance
Revocation of Permanent Residency
Voluntary Renunciation
Errors in Granting Citizenship
Political Implications

Facing citizenship revocation? Contact our qualified immigration lawyer in Toronto for personalized legal guidance. We’re here to protect your rights and help you deal with the process.

Can a Canadian born citizen lose citizenship?

No, a Canadian-born citizen cannot lose their citizenship under normal circumstances. Citizenship by birth in Canada is protected and cannot be revoked, regardless of actions or decisions later in life. This protection ensures that Canadian-born individuals retain their citizenship rights for life, except if they voluntarily renounce it.

How to lose Canadian citizenship

Revocation of Canadian citizenship is rare and applies primarily to naturalized citizens in specific situations. Below are the grounds for citizenship revocation, which often stem from violations during the citizenship application process or actions taken after acquiring citizenship:

Fraud or Misrepresentation: Providing false information or omitting important details during the citizenship process can lead to revocation. This includes lying about residency, concealing criminal activity, or falsifying documents.
Criminal Activity or National Security Threats: Serious criminal acts, such as terrorism, espionage, or treason, Serious criminal acts, such as terrorism or treason, can result in the loss of citizenship. These offenses are among the key grounds for citizenship revocation, particularly when they involve threats to Canadian safety.
Participation in Organized Crime: Involvement in transnational organized crime networks can also be grounds for revocation, especially if it undermines Canadian laws or international obligations.
Dual Citizenship Violations: If an individual with dual citizenship engages in acts of war, treason, or other significant violations against Canada, their Canadian citizenship may be revoked.
Military Service in a Foreign Army: Serving in the armed forces of a country at war with Canada can lead to citizenship revocation if the individual holds dual citizenship.
Serious Misconduct or Disloyalty: Acts that demonstrate disloyalty to Canada or undermine its democratic values, particularly if they involve a breach of trust, may result in revocation.
Procedural Non-Compliance: Failure to meet procedural requirements, such as attending citizenship ceremonies or responding to official requests for information, can lead to revocation. Fulfilling these obligations is essential to maintain citizenship status.
Revocation of Permanent Residency: If an individual’s permanent residency is revoked in Federal Court due to misrepresentation or other violations, it can lead to cascading effects, including the potential loss of citizenship. This reflects the interconnected nature of immigration statuses in Canada.
Voluntary Renunciation: Citizens can voluntarily renounce their citizenship, often to gain citizenship in another country.
Errors in Granting Citizenship: Citizenship granted due to an administrative or procedural error may be revoked upon review.
Political Implications: While citizenship revocation is typically rooted in legal and security concerns, political motivations can sometimes influence such decisions. These cases often attract scrutiny due to their broader implications on democratic values and fairness.

Additional reading: benefits of Canadian citizenship

Don’t risk your status. Our immigration lawyer in Brampton is ready to assist with your citizenship revocation case.

How to revoke Canadian citizenship

Revoking Canadian citizenship involves a structured legal and administrative process that ensures fairness and due process. Below are the steps the government typically takes:

Investigation of the situation: Immigration, Refugees, and Citizenship Canada (IRCC) investigates allegations of fraud, misrepresentation, or other grounds for revocation. Evidence is gathered to evaluate whether the case warrants further action.
Notice of intent to revoke citizenship: IRCC issues a Notice of Intent to Revoke Citizenship, outlining the grounds for revocation and a summary of their case. The individual is informed of their right to respond or request a Federal Court review within 30 days.
Decision to prosecute: If the individual contests the Notice, IRCC files a Statement of Claim with the Federal Court, detailing the evidence supporting revocation. The individual must respond with a Statement of Defense.
Prosecution in Federal Court: The Federal Court evaluates the evidence, hearing arguments from both sides. This complex legal process determines whether the allegations are valid.
Verdict by the Federal Court: If the Federal Court finds the allegations unfounded, the process ends, and citizenship is maintained. If the allegations are upheld, IRCC may proceed with the revocation process.
Minister’s report to the governor in council: Based on the Federal Court’s findings, the Minister submits a report to the Governor in Council recommending citizenship revocation. The individual has the right to review the report and submit written arguments, which are included in the final submission.
Decision by the governor in council: The Governor in Council reviews the report and the individual’s submissions to make the final determination. If the decision supports revocation, it is formalized through an Order in Council.
Revocation of citizenship: If citizenship is revoked, the individual reverts to their previous immigration status, which could include permanent residency or another status.
Departure or deportation order: In cases where no legal status remains, the individual may face a removal or deportation order.

Need legal support for Canadian citizenship issues? Trust our immigration lawyer in Mississauga to provide professional advice and representation. Schedule a consultation with us now.

What to do if I receive a notice of intent to revoke Canadian citizenship?

This notice indicates that Immigration, Refugees, and Citizenship Canada (IRCC) is considering revoking your citizenship, typically based on allegations of fraud, misrepresentation, or other legal concerns. Here’s what you should do:

Contact us immediately: Citizenship revocation proceedings require specialized expertise. We will review your case, ensure your rights are protected, and represent you in interactions with IRCC and the Federal Court.
Understand your rights: You have the right to review the evidence and allegations presented against you in the notice. You are also entitled to respond to the notice, contest the claims, or request a review by the Federal Court with our support.
Act quickly: The notice will specify a deadline, usually 30 days, to respond. Acting promptly ensures you preserve your right to challenge the revocation and begin preparing your case.
Prepare your defense: Collect any documentation or evidence that can refute the allegations made against you. We will help you build a strong defense, whether it involves proving residency, addressing errors, or clarifying misunderstandings.
Request a Federal Court review: If you dispute the allegations, you can request that the matter be referred to the Federal Court. During this process, IRCC will file a Statement of Claim, and we will help you respond with a Statement of Defense.
Explore appeal options: If the Federal Court upholds the revocation, you may have the right to appeal or request a judicial review. We will explore all available legal remedies with you to minimize any negative consequences.
Stay informed and engaged: Stay on top of deadlines, updates, and any actions required during the process. Maintain open communication with us to ensure you are prepared for each stage of the proceedings.

Facing the potential loss of Canadian citizenship is a serious matter, but you don’t have to face it alone. Contact us for personalized legal support and advocacy. We’re here to protect your rights and help you achieve the greatest possible outcome.

Additional reading: Canada citizen vs permanent resident

Canadian citizenship revoked? Contact Kingwell Immigration Law today!

Contact us today for personalized legal support. Whether you’ve received a notice of intent to revoke citizenship or need advice on your options, our proficient team is here to assist you every step of the way.

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FAQs

Can I lose my citizenship if I live outside of Canada?

No, living outside of Canada does not result in the loss of your citizenship. Canadian citizens, whether by birth or naturalization, retain their citizenship regardless of where they reside. However, maintaining ties with Canada may be important for certain legal or practical purposes.

Can I pass down my Canadian citizenship?

Yes, Canadian citizenship can be passed down to your children if they are born outside Canada, but only if you were born in Canada or naturalized. Children of second-generation Canadians born abroad may not automatically acquire citizenship unless certain conditions are met.

Can naturalized Canadian citizens be deported?

Yes, naturalized Canadian citizens can be deported if their citizenship is revoked due to fraud, misrepresentation, or other legal violations. Once citizenship is revoked, they may revert to their previous immigration status, which could make them subject to removal orders.