Canadian Citizenship Lawyer in Toronto.

Overview

Kingwell Immigration Law is a Toronto-based Canadian citizenship law firm helping permanent residents, applicants of Canadian heritage, and people facing refusals or revocation obtain and protect their citizenship. Led by Daniel Kingwell, with over 20 years of experience and a Federal Court litigation practice, we represent clients across Canada and around the world.

When citizenship is delayed, denied, or threatened with revocation, the stakes are far higher than paperwork. We help our clients secure the rights, security, and freedom that come with becoming Canadian, and we step in when something has gone wrong with an application or status.

To speak to our Toronto team about your citizenship matter, book a consultation today.

Our immigration case was rather peculiar. But, having been introduced to Daniel Kingwell at a later stage in the process, we have had nothing but outstanding, professional help in all our legal matters. The knowledge of Mr. Kingwell regarding immigration matters is second to none, and his team truly is amazing. Not only is Mr. Kingwell's knowledge and experience extremely extensive, but the manner in which he makes his clients feel at ease is beyond anything that we have had the experience of dealing with (having met a whole tranche of lawyers, I can safely testify to that). I would definitely recommend Mr. Kingwell for all immigration related matters.

– Haseeb A Virk

How a Canadian citizenship lawyer at Kingwell can help you

A Canadian citizenship lawyer at Kingwell prepares and submits your citizenship application, responds to procedural fairness letters and refusals, defends clients in revocation proceedings, and represents you on judicial review at the Federal Court.

Citizenship is the last step in most immigration journeys, and IRCC scrutinizes applications more closely than many applicants expect. Errors in residency calculations, tax filing records, language proof, or disclosure of criminal history can result in delays of many months or an outright refusal.

Services our Canadian citizenship lawyers offer

A citizenship refusal letter can leave applicants feeling shaken, frustrated, and unsure of what comes next. There are typically two paths forward, and the right one depends on why the application was refused.

If the refusal points to a fixable issue, such as incomplete documentation, the most efficient route is often to address the gap and submit a fresh application. If the officer’s decision contains a legal or factual error, the file moves to the Federal Court instead.

If IRCC refuses your citizenship application and you want it reviewed by the Court, you have 30 days from the date you are notified of the decision to file an application for leave and judicial review. The deadline is set out in the Citizenship Act and is strictly enforced.

There is no separate administrative appeal of a citizenship refusal. Judicial review asks the Federal Court to determine whether the decision was reasonable and procedurally fair.

Where the Court grants the application, the file is generally sent back to IRCC for redetermination by a different officer.

We have a strong track record on judicial review at the Federal Court. The same legal principles that apply across immigration matters apply to citizenship refusals as well. 

One example of our Federal Court work is Yasmin v Minister of Citizenship and Immigration (2018 FC 265). Our client was a Convention refugee from Bangladesh who applied for permanent residence as a protected person. IRCC refused the application upon finding that she had failed to disclose another identity in the United States.

We successfully appealed the decision to the Federal Court on the basis that IRCC had not provided her with evidence of a fingerprint match in breach of procedural fairness. The same procedural fairness principles apply to citizenship matters where IRCC refuses an application without disclosing the evidence it relied on.

These outcomes reflect our position as one of the few firms in Toronto with a sustained record of litigating citizenship matters at the Federal Court. A Regulated Canadian Immigration Consultant cannot represent you at the Federal Court; only a lawyer can.

The only ground for revoking Canadian citizenship under section 10 of the Citizenship Act is that the citizenship was obtained, retained, resumed, or renounced by false representation, fraud, or knowingly concealing material circumstances. Conduct-based revocation grounds were repealed by Bill C-6 in June 2017.

A notice of intent to revoke is one of the most serious documents you can receive from IRCC. If revocation succeeds, you may lose your status as a Canadian, revert to permanent resident status (or lose status entirely), and face removal from Canada in some cases.

Revocation matters can be decided by the Minister or by the Federal Court, and the route depends on the facts.

Common situations that trigger revocation proceedings include questions about marriages of convenience, residency declarations that conflict with travel or tax records, undisclosed criminal history at the time of the original PR or citizenship application, and identity issues uncovered through later investigations.

From the initial submissions to the Minister through to Federal Court litigation, our team builds the evidentiary record and legal arguments your case needs to keep your status in Canada.

Citizenship resumption is available to people who were once Canadian citizens, voluntarily renounced their citizenship, and now wish to become Canadian again. You must meet a strict set of conditions, including a current period of physical presence in Canada as a permanent resident, before resumption can be granted.

Resumption is rare, and the eligibility rules are unforgiving. Many people who believe they have “lost” their Canadian citizenship are in fact still citizens, or are now eligible under Bill C-3, and need a citizenship certificate rather than a fresh resumption application.

If you previously renounced your Canadian citizenship to acquire another nationality, regaining Canadian status may also trigger consequences in your other country. We advise on these cross-border issues alongside the Canadian process.

A citizenship certificate is not a travel document. Once your citizenship is confirmed, you will need to apply for a Canadian passport with Service Canada to travel internationally and re-enter Canada through a commercial carrier.

Passport applications can be refused or suspended on a number of grounds, including concerns about identity, undisclosed criminal matters, or suspected false statements. The Canadian Passport Order allows for revocation, refusal, and cancellation of passports, and decisions can be challenged on judicial review at the Federal Court.

Where a passport application has been refused, or a passport has been revoked, we review the file, respond to the concerns raised, and bring the matter before the Federal Court where there are grounds.

The IRCC adult citizenship grant application fee is $653 CAD as of March 31, 2026, made up of a $530 processing fee and a $123 right-of-citizenship fee. The fee for a minor is $100, and a proof of citizenship application (used for many descent cases under Bill C-3) is $75.

IRCC’s published service standard for routine citizenship grant applications is 12 months from submission to decision. Files that involve language testing, security or criminality concerns, residency questions, or procedural fairness letters typically take longer.

Bill C-3 descent files are processed at IRCC’s case processing centre in Sydney, Nova Scotia, and most must be submitted by paper.

Setting expectations early is part of how we work. We will tell you what your file is likely to look like before you sign with us, including the fees, the documents you need, and where the risks lie.

Facing a refusal, revocation, or procedural fairness letter? You can book a consultation with our Federal Court litigation team.

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Who is eligible for Canadian citizenship?

Canadian citizenship is available to people born in Canada, children born abroad to a Canadian parent (subject to Bill C-3 rules), permanent residents who meet the naturalization criteria, and former Canadians applying for resumption. Each route has its own eligibility test, and choosing the correct one is the first step.

 

Most of the clients we help apply for citizenship fall into one of three categories: permanent residents seeking naturalization, descendants of Canadians claiming citizenship by descent, and adoptees claiming citizenship through a Canadian parent. Each route is governed by the Citizenship Act, and the rules have changed significantly in 2025 and 2026.

Anyone born on Canadian soil is generally a Canadian citizen at birth. The main exception applies to children born in Canada whose parents were foreign diplomats or accredited representatives of a foreign government or international organization at the time of birth.

Children born outside Canada are Canadian citizens at birth if at least one legal parent is a Canadian citizen. Citizenship is transmitted through a Canadian parent, not directly from a grandparent.

 

Bill C-3, which received Royal Assent on November 20, 2025 and came into force on December 15, 2025, removed the first-generation limit that previously cut off citizenship by descent. People born abroad in the second or subsequent generation to a Canadian parent may now be Canadian citizens.

 

For births or adoptions on or after December 15, 2025, where the Canadian parent was also born or adopted abroad, that parent must show a substantial connection to Canada. The connection is defined as at least 1,095 cumulative days, roughly three years, of physical presence in Canada before the child’s birth or adoption.

A child adopted abroad by a Canadian citizen parent may be eligible for a direct grant of citizenship. The process depends on where the adoption took place, the law of the country involved, and the citizenship status of the parents at the time of adoption.

 

Our team will identify the correct pathway for your family and prepare the supporting evidence each route requires.

Naturalization requirements at a glance

Permanent residents seeking to naturalize as Canadian citizens must satisfy a set of statutory requirements under section 5 of the Citizenship Act. The residency calculation alone causes a large share of returns and refusals, and each criterion has its own evidentiary expectations and exceptions.

Requirement

What it means

Permanent resident status

You must hold valid PR status, with no unfulfilled conditions, removal order, or active investigation for immigration fraud or misrepresentation.

Physical presence

At least 1,095 days of physical presence in Canada within the 5 years immediately before signing your application.

Pre-PR credit

Days spent in Canada lawfully as a temporary resident or protected person before becoming a PR count as half-days, up to a maximum of 365 credited days within the five-year window.

Tax filing

You must have filed income tax returns, if required to do so under the Income Tax Act, for at least 3 years within the 5-year period.

Language (ages 18 to 54)

Adequate knowledge of English or French at Canadian Language Benchmarks (CLB) or Niveaux de compétence linguistique canadien (NCLC) Level 4 in speaking and listening.

Citizenship test (ages 18 to 54)

Pass a knowledge test on Canadian rights, responsibilities, history, geography, economy, government, and symbols.

Oath of citizenship (ages 14+)

Take and sign the Oath of Citizenship at a ceremony.

A minor applying with a Canadian parent does not need to meet the residency requirement. A minor applying alone does, but is exempt from the language and knowledge requirements.

Crown servants serving abroad, and certain family members accompanying them, can count time outside Canada toward physical presence in limited circumstances. Where any of these exceptions apply to you, our team will document the basis carefully so IRCC accepts the credit without follow-up.

Ready to get started on your citizenship application? You can book a consultation with our Toronto team online.

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Common reasons citizenship applications run into trouble

Most citizenship problems trace back to four sources: residency miscalculations, missing tax records, criminal or prohibition issues, and concerns about misrepresentation. IRCC raises these through a procedural fairness letter, and the strength of your response often decides whether your application is approved or refused.

If your travel history is incomplete, your passport stamps do not line up with your declared dates, or IRCC believes you spent more time outside Canada than you claimed, you can expect a request for additional proof. Tax documents, employment records, lease agreements, banking records, and entry-exit data from the Canada Border Services Agency are common evidence in these cases.

IRCC verifies your tax filing history with the Canada Revenue Agency. If returns are missing for years when you were required to file, the application can be paused or refused.

We help clients address gaps before submission and respond to IRCC where filing was not required.

The Citizenship Act prohibits a grant of citizenship in a wide range of situations, including while you are on parole or probation, while you are serving a sentence inside or outside Canada, while you are charged with or appealing an indictable offence, or while you are under a removal order. Equivalent offences committed outside Canada are also captured.

A conviction for an indictable offence within four years of applying, and a prior citizenship refusal for misrepresentation within five years, are also bars.

IRCC will issue a procedural fairness letter if it believes you misrepresented or omitted material information. A finding of misrepresentation on a citizenship application can lead to a refusal and a five-year bar on reapplying, on top of potential consequences for your underlying permanent resident status.

We prepare detailed, evidence-backed responses to these letters and, where IRCC has misread the record, take the matter to the Federal Court.

Past Cases.
Successful appeal of changes to the process of Canadian citizenship revocation to the Federal Court.

As a team of litigators, we were successful in an appeal of the Harper-era changes to the process of Canadian citizenship revocation, which the Federal Court declared in operative in violation of the Bill of Rights.

Hassouna v Minister of Citizenship and Immigration (2017 FC 473)

Citizenship granted to spouses from South Korea after successful defence of IRCC challenge to Federal Court.

Permanent resident spouses from South Korea. A citizenship judge approved their applications for Canadian citizenship, but IRCC challenged the decision in Federal Court, arguing that they had failed to prove the required number of days of physical presence in Canada. We successfully defended them on appeal: the Federal Court upheld the decision of the citizenship judge, and they were granted Canadian citizenship.

Minister of Citizenship and Immigration v Lee and Goo (2015 FC 1362 and 2015 FC 1363)

Restoration of citizenship and stay of removal for Chinese Canadian after successful Federal Court appeal.

Canadian citizen from China. CBSA conducted an investigation into fraudulent marriages, “Project Honeymoon”. As a result, it was discovered that he had obtained citizenship through a marriage for hire. His citizenship was revoked, and he faced removal from Canada. We successfully appealed the decision to the Federal Court on the basis of the circumstances of the misrepresentation, and his Canadian citizenship was restored.

Wei v Minister of Citizenship and Immigration (2023 FC 826)

Why Toronto residents and clients abroad choose Kingwell

Kingwell Immigration Law is based in downtown Toronto and represents clients across the Greater Toronto Area, the rest of Canada, and around the world. Our founder, Daniel Kingwell, is a certified specialist member of the Law Society of Ontario in citizenship and immigration law, with over 20 years of experience.

Most citizenship work involves filing an application and waiting. Some of it involves litigation.

Many firms can do the first part. Far fewer can do the second part well.

We do both, which means we can hand off seamlessly from application to judicial review if a refusal lands, without you having to find new counsel under deadline pressure.

Our office is at 181 University Avenue in Toronto, steps from the Federal Court registry, and we serve clients in Brampton, Mississauga, Markham, Scarborough, Hamilton, Kitchener, London, and Richmond Hill, as well as Canadian citizenship applicants based abroad. As a Toronto immigration lawyer practice with a national and international caseload, our team will manage your file with the same level of attention and strategic care.

Get in Touch.

Ready to take the next step toward your Canadian citizenship?

At Kingwell Immigration Law, we know how much your citizenship means, not only as a legal status but as a foundation for your future and your family’s. We offer personalized support, taking the time to understand your unique goals and circumstances so we can build a tailored strategy for your case.

 

Whether you are preparing your first application, responding to a refusal, defending against revocation, or pursuing a claim under Bill C-3, our team will represent you through every stage.

 

Get in touch with our Toronto team to speak with a Canadian citizenship lawyer, or call us at 416.988.8853

Our mission is to deliver exceptional legal support throughout Canada, with a particular emphasis on serving clients in the following locations:

 

FAQs

Can I travel outside Canada while waiting for my citizenship decision?

Yes. You remain a permanent resident throughout citizenship processing and can leave and re-enter Canada with a valid PR card or PR Travel Document. At Kingwell Immigration Law, we recommend keeping detailed travel records, since IRCC can request updated physical presence information at the test or oath stage.

An expired PR card does not affect your citizenship application or your permanent resident status, but you will need a valid PR card or PR Travel Document to board a commercial flight back to Canada. At Kingwell Immigration Law, we typically recommend renewing the card as a precaution during processing.

Canada permits dual and multiple citizenship, so on the Canadian side you do not need to renounce your existing nationality. Other countries treat dual citizenship differently. At Kingwell Immigration Law, we routinely advise clients to confirm the position of their other country’s consulate before taking the oath.

Most applicants are scheduled for the oath within a few months of passing the citizenship test, though timing varies by region and IRCC capacity. Ceremonies are now offered in person and online. At Kingwell Immigration Law, our team helps clients prepare for both the test and the oath.

A foreign offence equivalent to an indictable offence in Canada can prohibit a citizenship grant for four years from the conviction date, and may also raise inadmissibility concerns. At Kingwell Immigration Law, we assess equivalency under Canadian law and advise on rehabilitation, record disclosure, and timing strategy.