Can Your Canadian Citizenship Actually Be Taken Away?

Most people assume that achieving Canadian citizenship is a permanent status. For most Canadians, this is true. Being a citizen of Canada is among the most firmly established immigration statuses in the world, but it is not entirely irrevocable.

Under special, rare circumstances, citizenship can be revoked. Knowing when that applies, and when it does not, is important for all naturalized citizens to know, not to be alarmed, but for knowledge.

The Short Answer

It is true that a person’s citizenship can be revoked in Canada, but only under certain circumstances, and it is a formal, structured, and legally supervised process.

Let’s get that out of the way first: the citizenship of Canadian-born citizens cannot be revoked, under normal circumstances. This is a virtually iron-clad guarantee. A citizen born in Canada will retain their citizenship until they choose to give it up. Revocation is designed almost entirely to apply to naturalized citizens (those who obtained citizenship through the formal application process).

When Can Citizenship Be Revoked?

Fraud or misrepresentation in the immigration or citizenship application process is a common reason for revocation. For example, this can be due to lying on the application, failure to disclose a criminal record, use of false documents, or misrepresentation of residence in Canada. If IRCC finds that a person was granted citizenship based on false or misleading information, it may initiate a citizenship revocation process.

Revocation may also occur in cases of serious national security concerns: The Citizenship Act allows for the revocation of citizenship for naturalized citizens who engage in terrorist, espionage or treason activities, or who serve in the armed forces of a nation at war with Canada. Likewise, participation in organized crime activities that contravene Canadian law or international treaties may be grounds for the government to exercise its power.

There are also administrative grounds to consider. If citizenship was granted based on an administrative or procedural error, in other words, if the applicant did not meet the requirements for citizenship at the time of their application, IRCC may revisit the grant and look to correct it. This can occur, but does not frequently.

Finally, someone can choose to exit citizenship through a process known as renunciation. This is a voluntary act, often undertaken when someone is becoming a citizen of another country that does not allow dual citizenship, and is not the same as revocation by the government.

What the Process Actually Looks Like

Revoking citizenship is a serious procedure. It is a multi-step process, and the individual has several avenues for responding.

It starts when IRCC issues a Notice of Intent to Revoke Citizenship, outlining the allegations and the reasons for them. The person has 30 days to respond or to have the matter referred to the Federal Court. This is a serious decision that should be made with legal advice. Your response at this stage can have a major impact on the case.

If the case goes before the Federal Court, the parties will argue the case. The court considers whether the allegations are proven. If the court sides with the government, the Minister will prepare a report for the Governor in Council, who will determine whether the person’s citizenship should be revoked. The person has the right to submit written arguments to the Governor in Council prior to the decision.

If the person’s citizenship is revoked, they return to their previous status, usually permanent resident, if that was their status before they became a citizen. And if no legal status is available, they may be subject to a removal order.

What This Means for You

If you are a naturalized Canadian citizen and have a clear immigration history and no immigration fraud in your application, there is very little risk of revocation. It is not used for everyday matters.

But there are things to learn from the revocation process. Your immigration history is the basis of your citizenship, and it is important that your applications are accurate. Any mistakes or omissions in previous applications, even if they seem insignificant at the time, could resurface as problems if they are later found to be material.

If you have ever had concerns about the accuracy of information provided, or if you receive any communication from IRCC that relates in any way to your citizenship, it is best to seek legal advice now rather than waiting to find out.

Received a Notice of Intent? Act Immediately.

Notice of Intent to Revoke Citizenship is among the most important notices you could receive from Immigration, Refugees and Citizenship Canada (IRCC). You have just 30 days to respond, and the choices you make now can dictate the next steps.

Kurzfeld Law Firm offers clear, strategic advice to clients in complex citizenship cases. We work to get to the heart of your case, understand the allegations against you, and craft the best possible defence on your behalf, be it by contesting the revocation process itself or by exploring any and all avenues to retain your status.

Your citizenship is the culmination of years of hard work, dedication and the life you have established in Canada. It is important to protect it as such.

If you have received notice or have any concerns about your status, please contact Kurzfeld Law Firm.

FAQs

1. Can a Canadian citizen born in Canada ever lose their citizenship?
   Almost never. Canadian-born citizens are protected from revocation under virtually all circumstances. The only way a birthright citizen loses their status is by voluntarily renouncing it through a formal, government-administered process; it cannot be taken away involuntarily.
2. What happens to my permanent residency if my citizenship is revoked?
   In most cases, you revert to your previous immigration status, which is typically permanent residency. However, if your PR status was also obtained through misrepresentation, both statuses may be affected, potentially leaving you without any legal status in Canada.
3. How long does the citizenship revocation process take?
   There is no fixed timeline. The process involves investigation, formal notices, potential Federal Court proceedings, and a final decision by the Governor in Council. Depending on complexity and whether the matter goes to court, it can take months or even years.
4. Can I appeal a citizenship revocation decision?
   Yes. If the Federal Court upholds the revocation, you may have grounds to appeal or seek a judicial review. Legal representation is critical at this stage, as the procedural requirements are strict and the window to act is limited.
5. Does living outside Canada put my citizenship at risk?
   No. Unlike permanent residency, Canadian citizenship carries no physical presence requirement. You can live abroad indefinitely without any risk to your citizenship status, provided your citizenship was obtained lawfully and without misrepresentation.
6. Can a minor error on my citizenship application lead to revocation?
   Not automatically. IRCC focuses on material misrepresentation: information that, had it been known, would have affected the outcome of the application. Honest mistakes are treated differently from deliberate concealment, but any concerns about past applications should be reviewed by a lawyer.