Naturalized Citizen vs Citizen in Canada: Complete Legal Guide

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The main difference between a naturalized citizen and a citizen is how citizenship was obtained.

 

Naturalized citizens acquire citizenship through the application process after immigrating as permanent residents, while citizens obtain it automatically at birth in Canada or through descent from Canadian parents.

 

Both enjoy equal rights under federal and provincial legislation, but important legal distinctions can affect status, documentation, and future immigration matters.

 

At Kingwell Immigration Law, our Toronto-based team has over 20 years of experience in immigration law, including Federal Court litigation and complex citizenship proceedings. Founded by Daniel Kingwell, we provide the guidance needed to address your citizenship concerns.

For complex citizenship matters requiring specialized legal experience, contact our immigration lawyer in Toronto today.

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Table of Contents

How Kingwell Immigration Law Can Help with Your Citizenship Matters

Whether you’re applying for citizenship, challenging a refusal, or defending against revocation, our team has the experience to guide you.

 

We handle urgent matters, appeals, and Federal Court judicial reviews with a strong record of successful outcomes.

 

Our services cover applications, appeals, revocation defence, and resumption requests.

 

📌 Every situation is different, and we take the time to understand your circumstances so we can provide solutions tailored to you.

What Is a Canadian Citizen by Birth?

Canadian citizens by birth acquire citizenship automatically through two primary pathways under the Citizenship Act. These individuals do not require an application process and receive citizenship as a legal right from the moment of birth.

 

The first pathway applies to anyone born on Canadian soil, regardless of their parents’ citizenship status. The only exception occurs when one parent serves as a foreign diplomat and the other parent is neither a Canadian citizen nor a permanent resident of Canada.

 

The second pathway covers individuals born outside Canada to at least one Canadian parent who is a first-generation citizen. First-generation citizens include those born in Canada or those who obtained citizenship through naturalization.

 

However, this right does not extend beyond the first generation — if the Canadian parent was also born abroad to a Canadian parent, their child does not automatically qualify for citizenship.

 

⚖️ In December 2023, the Ontario Superior Court ruled the first-generation limit on citizenship by descent unconstitutional. Bill C-3 (2025) proposes allowing Canadian parents born abroad to pass citizenship to children beyond the first generation, if the parent spent at least 1,095 days physically present in Canada before the child’s birth or adoption. Until Bill C-3 becomes law, the current first-generation limit remains in effect, with the court’s ruling suspended until November 20, 2025.

 

Our legal team stays current with these evolving citizenship laws to ensure we can advise you on how changes may affect your specific situation or family planning.

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Naturalized Canadian Citizenship Explained

Naturalized citizens obtain Canadian citizenship through the formal application process administered by Immigration, Refugees and Citizenship Canada (IRCC) after immigrating as permanent residents. This pathway requires meeting specific eligibility criteria and completing procedural steps under government supervision.

 

The naturalization process demonstrates an individual’s commitment to Canada through residency requirements, language proficiency, and knowledge of Canadian history and values. Unlike citizenship by birth, naturalization represents a deliberate choice to adopt Canadian citizenship and its accompanying responsibilities.

 

Children under 18 may acquire citizenship alongside a parent through naturalization. While an application must still be submitted on their behalf, they are not required to meet testing requirements and receive the same citizenship status as their parent once approved.

 

Our firm guides clients through each step of the naturalization process, ensuring applications are complete and properly documented to avoid delays or refusals.

 

💡 Additional reading: How to become a Canadian citizen for application guidance

If you’re facing citizenship challenges or need expert guidance on naturalization matters, contact us for personalized legal support.

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Key Requirements for Naturalization in Canada

Prospective citizens must satisfy multiple eligibility criteria before submitting their citizenship application to IRCC. These requirements ensure applicants have established genuine ties to Canada and possess the knowledge necessary for civic participation.

Physical Presence Requirements

  • You must accumulate 1,095 days (three years) of physical presence in Canada within the five years before applying.
  • Only days after becoming a permanent resident count fully.
  • Some time spent as a temporary resident or protected person before becoming a permanent resident can count as half-days, up to a maximum of 365 days’ credit.

Language and Knowledge Requirements

  • Applicants aged 18 to 54 must show proficiency in English or French (speaking and listening).
  • They must also pass the citizenship test (usually written, sometimes oral) covering Canadian history, geography, government, law, and symbols.
  • The knowledge assessment can be conducted via a test or interview with citizenship officials.

Legal and Tax Obligations

  • You must have filed Canadian income tax returns for at least three years within the five-year eligibility window, if required under the Income Tax Act.
  • You must not be under a removal order, on parole, or serving a sentence for certain criminal offences. A clean criminal record or evidence of rehabilitation is required.
  • Any outstanding legal obligations to the Canadian government must be resolved before approval.
 
Requirement Category Naturalized Citizens Citizens by Birth
Application Process Required through IRCC Not required
Residency Proof 1,095 days in 5 years None
Language Testing Required (ages 18-54) Not required
Knowledge Test Required Not required
Tax Filing 3 years minimum No specific requirement

Legal Rights: Naturalized vs Born Citizens

Canadian law treats naturalized and born citizens identically under the Canadian Charter of Rights and Freedoms and all federal legislation. Both groups enjoy complete political participation rights, including voting in federal, provincial, and municipal elections, and eligibility for public office.

 

Employment rights remain equal between both citizen types, with access to all professions and security-cleared positions. Social benefits, healthcare coverage through provincial systems, and educational opportunities apply equally regardless of how citizenship was obtained.

 

Travel rights also remain identical, with both citizen types eligible for Canadian passports, providing visa-free travel to over 180 countries. Consular protection abroad extends equally to all Canadian citizens regardless of their pathway to citizenship.

 

⚠️ The one important distinction is can Canadian citizenship be revoked. Only naturalized citizens may have their citizenship revoked if it was obtained through fraud or misrepresentation. Citizens born in Canada cannot lose their citizenship in this way.

 

Our legal team can advise you on how these rights apply to your specific circumstances and help resolve any issues that may arise regarding your citizenship status.

 

💡 Additional reading: benefits of Canadian citizenship and Canadian citizen vs permanent resident for comprehensive comparisons

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Important Differences Between Naturalized and Born Citizens

While legal rights remain equal, several practical and procedural differences distinguish naturalized citizens from those who acquired citizenship by birth. These distinctions can become significant in specific legal circumstances.

 

  • Citizenship Revocation Risk: Naturalized citizens face potential citizenship revocation if authorities discover fraud or misrepresentation in their original permanent residence or citizenship applications. Born citizens cannot lose their citizenship through revocation proceedings, except in extremely rare cases involving treason or similar offences under the Criminal Code.
  • Documentation Differences: Born citizens can obtain Canadian birth certificates as primary citizenship proof from provincial vital statistics offices. Naturalized citizens rely on citizenship certificates issued by IRCC, which serve as their primary citizenship documentation.
  • International Recognition: Some countries may treat naturalized citizens differently based on their birth country, despite their Canadian citizenship status. This can affect visa applications, property ownership, or other rights in the naturalized citizen’s country of origin.

 

Our Federal Court experience includes successful defence against citizenship revocation attempts, where we demonstrate how proper legal representation can protect citizenship rights through comprehensive case preparation and strategic legal arguments.

Facing citizenship revocation proceedings requires immediate legal attention. Our Federal Court experience can protect your citizenship status – contact us at 416.988.8853 for urgent consultation.

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The Citizenship Application Process for Permanent Residents

The naturalization process involves several stages, each requiring careful documentation. Processing times vary depending on application complexity and IRCC workload, typically ranging from 10 to 18 months from submission to ceremony.

Application submission phase

  • Complete the citizenship application form with all required supporting documents
  • Pay the required fees (CAD $649.75 for adults, CAD $100 for minors under 18)
  • Provide proof of language ability (if required) and evidence of tax filings through CRA records
  • Submit accurate travel history and supporting documentation to establish physical presence

Assessment and testing phase

  • IRCC reviews the application and supporting documents for completeness and eligibility
  • Applicants aged 18–54 may be invited to write the citizenship test at a designated testing centre
  • The test covers Canadian history, geography, government, and civic responsibilities, based on the official study guide
  • Applicants who meet the requirements proceed to the citizenship ceremony stage

Citizenship ceremony

  • Applicants aged 14 and older must attend the ceremony in person
  • Take the Oath of Citizenship in English or French as required by law
  • Receive the citizenship certificate, which formally confirms Canadian citizenship

 

Our firm ensures your application is properly prepared and documented from the start, helping avoid delays that can extend processing times and create unnecessary stress for you and your family.

Dual Citizenship Considerations for Naturalized Canadians

Canada permits dual citizenship under current legislation, allowing naturalized citizens to maintain their original citizenship while adopting Canadian citizenship. This flexibility provides significant advantages but also creates potential complications requiring careful legal consideration.

 

⚖️ Many naturalized citizens choose to retain their original citizenship for family, business, or cultural reasons. Canadian law does not require renunciation of previous citizenship, though some countries may have different policies requiring citizens to choose between citizenships.

 

Dual citizenship can affect tax obligations under both Canadian and foreign tax systems, military service requirements, and travel procedures, depending on the countries involved. Some nations restrict property ownership or political participation for dual citizens, while others may impose mandatory military service regardless of Canadian citizenship.

 

💡 Additional reading: Does Canada allow dual citizenship for comprehensive dual citizenship guidance.

Complex dual citizenship questions require specialized legal advice. Our immigration lawyers can analyze your specific situation and provide guidance on citizenship retention strategies. Contact us at 416.988.8853.

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Citizenship Certificate vs Birth Certificate: Documentation Differences

The documentation differences between naturalized and born citizens extend beyond simple paperwork variations. These differences can affect various administrative processes and international travel procedures throughout a citizen’s lifetime.

 

  • Canadian Birth Certificate: Born citizens receive provincial birth certificates that serve as primary citizenship proof. These documents are issued by provincial vital statistics offices and widely recognized by government agencies and private institutions for various purposes.
  • Citizenship Certificate: Naturalized citizens receive federal citizenship certificates from IRCC as their primary citizenship documentation. These certificates contain security features and serve as official proof of Canadian citizenship for all legal purposes.

 

⚖️ Practical implications: Both birth certificates and citizenship certificates provide equal legal proof of Canadian citizenship. Passport Canada accepts either document when applying for a first passport, and once issued, renewals generally do not require resubmitting proof of citizenship unless there are special circumstances such as a name change or lost record.

 

In practice, citizens by birth use their birth certificates, while naturalized citizens rely on their citizenship certificates, but both documents are equally valid.

 

Our legal team can advise you on proper documentation requirements for your specific needs and help resolve any complications that may arise from documentation differences.

Special Circumstances: Children and Citizenship

Children born to naturalized parents

 

  • Children born in Canada to naturalized Canadian parents acquire citizenship by birth, not naturalization.
  • They receive the same citizenship status as children born to Canadian-born parents.
  • They are eligible for Canadian birth certificates issued by provincial vital statistics authorities.

 

Children naturalized with parents

 

  • Minor children included in a parent’s successful citizenship application become naturalized citizens.
  • They do not need separate applications or to meet testing requirements.
  • They receive citizenship certificates, not birth certificates.

 

Timing and status implications

 

  • The timing of a child’s birth in relation to a parent’s naturalization may affect documentation.
  • It can also impact the child’s ability to transmit citizenship to their own children under current descent rules.

 

ScenarioChild’s StatusDocumentationFuture Generation Rights
Born in Canada to naturalized parentsCitizen by birthBirth certificateFull transmission rights
Born abroad before parents’ naturalizationMay require applicationVaries by circumstancesLimited transmission
Naturalized with parents as a minorNaturalized citizenCitizenship certificateFull transmission rights

 

📌 Our firm provides comprehensive guidance on family citizenship planning, ensuring you have the proper documentation and legal strategies to protect your children’s citizenship rights for generations to come.

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Federal Court Practice and Citizenship Appeals

Federal Court jurisdiction over citizenship matters provides vital appeal options for individuals facing adverse IRCC decisions. Our extensive Federal Court experience demonstrates the importance of specialized representation in these complex judicial proceedings.

 

Citizenship appeals typically involve judicial review of IRCC decisions rather than de novo hearings. The Federal Court examines whether immigration officers made reasonable decisions based on available evidence and properly applied relevant statutory provisions and case law.

 

Common grounds for Federal Court intervention include procedural fairness violations, unreasonable credibility findings, and failure to consider relevant evidence submitted by applicants. Successful appeals result in matters being returned to IRCC for reconsideration rather than direct citizenship grants by the Court.

Federal Court proceedings require specialized expertise and strict procedural compliance. Our proven track record in citizenship appeals can protect your rights – contact us for immediate consultation.

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Protecting Your Canadian Citizenship Status

Once granted, Canadian citizenship is permanent — naturalized citizens do not need to renew their status the way permanent residents do. However, keeping organized records of your immigration history, tax filings, and travel can still be useful.

 

In rare cases, IRCC may review past applications if concerns about misrepresentation arise, and having accurate records can provide peace of mind. These documents may also be helpful for future processes, such as sponsoring family members or clarifying details in government applications.

 

Birthright citizens face fewer administrative risks but should still keep their documentation in order. Staying informed about citizenship transmission rules is particularly important for parents planning to pass citizenship to children born abroad.

 

✔️ Our firm helps clients stay prepared by providing guidance on what records to retain, monitoring legal changes, and offering advice tailored to family circumstances. This proactive approach ensures your citizenship remains secure while protecting the rights of future generations.

Why Choose Kingwell Immigration Law for Citizenship Matters

Canadian citizenship law involves intricate regulations, evolving policies, and significant personal stakes that demand specialized legal help.

 

Our firm’s unique combination of litigation experience, Federal Court practice, and deep immigration law knowledge positions us to handle the most complex citizenship challenges.

 

We are trusted by people just like you from Canada and around the world who require support in immigration law matters. We have defended our clients’ right to stay in Canada, helped them build a foundation to support relatives and loved ones in coming to Canada, and have acted as advocates in situations where hope seems lost.

 

We see your vision. When you choose an immigration law firm, you need that firm to see the bigger picture; after all, you are trusting them with your future.

 

Choose Kingwell Immigration Law, a law firm that not only has the expertise to support you but also one that values and believes in the vision you have for your life and family.

Don’t navigate the Canadian Immigration System alone; get in touch with our team today. Contact us at 416.988.8853 to discuss your situation with experienced immigration counsel who will fight to protect your rights and secure your future in Canada.

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FAQs

How does citizenship revocation work differently for naturalized vs born Canadian citizens?

Only naturalized citizens face citizenship revocation for fraud or misrepresentation in their original applications, while born citizens cannot lose citizenship except for treason. The revocation process involves formal proceedings where the government must prove misconduct occurred during the original permanent residence or citizenship application process.

Born citizens use provincial birth certificates as primary proof of citizenship, while naturalized citizens rely on federal citizenship certificates issued by IRCC. Both documents provide equal legal standing, but some international processes may prefer birth certificates due to widespread recognition by foreign government agencies.

Yes, naturalized citizens can sponsor parents and grandparents immediately after obtaining citizenship, with identical eligibility requirements as born citizens. However, the Parent and Grandparent Program operates through lottery selection with annual quotas, making the timing of application submission critical regardless of the citizenship acquisition method.

Children born in Canada to naturalized parents acquire citizenship by birth and can pass citizenship to their children abroad. Children who become naturalized citizens through their parents can also transmit citizenship to one generation born outside Canada, following the same first-generation limitation rules.

Naturalized citizens can apply for urgent passport processing (2-9 business days) or emergency travel documents using their citizenship certificate. Processing times and requirements are identical to those of born citizens, though replacement citizenship certificates take months if lost, potentially delaying urgent travel document applications.