For numerous people planning their route to calling Canada home, attaining citizenship is the prize at the end of the rainbow: the moment when your journey turns into a permanent chapter. But Canadian citizenship is not a single, uniform thing. How you become a citizen is important in some legal and practical contexts, even though the day-to-day rights and privileges may seem exactly the same.
This blog post explains the difference between a naturalized citizen and a citizen by birth and how it actually affects you. Here’s what you need to know.
There are two fundamental ways of obtaining citizenship in Canada: by birth or by naturalization.
Citizens by birth attain citizenship automatically. This happens because of two reasons: either they were born in Canada (with limited exceptions for children of foreign diplomats) or because they were born outside Canada to at least one Canadian parent who is a first-generation citizen. Their status is simply attained by circumstance and not by a set process.
Naturalized citizens obtain their status by applying for citizenship with Immigration, Refugees and Citizenship Canada (IRCC). These are people who entered Canada as workers, students, refugees, or family members, became permanent residents, met the legal requirements for citizenship, and then decided to become members of Canadian society.
Both paths lead to the same outcome: a Canadian passport. But there are different legal implications in the process of becoming a citizen.
Becoming a Canadian citizen is more than a legal process; it’s an expression of commitment to Canada, and the citizenship application process reflects this.
To be eligible for Canadian citizenship, you must be physically present in Canada for at least 1,095 days within the five years prior to your application. Only the days you spend as a permanent resident are counted as full days, although at times, days spent as a temporary resident or protected person may be counted as half days, up to a maximum of 365 days.
To apply, you must also possess sufficient knowledge of English or French and pass a citizenship test on Canada’s history, values, government and responsibilities (if you are aged between 18 and 54). You must also be tax compliant, having filed Canadian income tax returns for at least three out of the last five years within the eligibility period.
Once your applications are approved, you are invited to a citizenship ceremony to take the Oath of Citizenship and receive a federal citizenship certificate. The criteria for children who are included in a parent’s application are much less stringent. They are granted citizenship alongside their parents without having to appear for any tests.
Did you know that in Canada, there is no difference in the rights of naturalized citizens and citizens by birth? All federal laws (including the Canadian Charter of Rights and Freedoms) treat them equally.
No matter the path followed to citizenship, citizens achieve the right to vote in all elections, hold public office, work in any profession, access provincial healthcare and social services, and travel with a Canadian passport (which allows entry to more than 180 countries). Citizenship also entitles all citizens to consular assistance when travelling overseas.
The only legal difference is the revocation of citizenship. In rare cases, the citizenship of a naturalized citizen can be revoked if they obtained it through fraud or misrepresentation in the initial application. This is a serious proceeding involving a government review, but it applies to naturalized citizens in a way it does not to citizens by birth.
This is why it’s important to have an immigration lawyer to help you with the citizenship application and beyond. Being transparent and accurate in your application is not only a best practice, but it’s also a legal protection.
There are different ways to prove your citizenship, which depend on how you acquired it. Citizens by birth rely on a provincial birth certificate issued by a vital statistics office, while naturalized citizens show a federal citizenship certificate issued by the IRCC.
Legally, there is no distinction between the two documents. Both are accepted by Passport Canada when applying for your first passport. But there are some practical considerations: if a citizenship certificate is lost or damaged, it can take months for the IRCC to issue a replacement. Meanwhile, birth certificates are provincial documents that are generally easier to obtain from provincial offices. It’s important to keep your citizenship certificate safe and to have a copy on hand.
The citizenship status of parents can impact their children, especially families with global connections.
A child born in Canada to naturalized Canadian citizens is born a citizen. They are issued a provincial birth certificate, and their entitlement to citizenship for future generations is the same as for all other Canadian citizens born in Canada.
A child becomes a naturalized citizen when one of their parents is naturalized. They are issued a citizenship certificate. They are issued a citizenship certificate and carry the same transmission rights as other naturalized citizens.
These distinctions are particularly important for families who are planning to live abroad or have children born abroad. Developments in immigration law are also underway: Bill C-3, now before Parliament, proposes to expand citizenship by descent beyond the first generation. This would create more opportunities for families who were previously denied citizenship.
Canada permits dual citizenship, meaning naturalized citizens don’t have to renounce their original citizenship. Many citizens choose to retain citizenship in their country of origin, for family, property, cultural, or business reasons, and Canadian legislation completely respects that choice.
But dual citizenship also comes with its own complications. It can impact tax responsibilities in both Canada and your home country, military service requirements, travel documentation, and property rights in your country of origin. This does not mean you shouldn’t become a Canadian citizen, but you should know this before you become one.
Understanding the process of becoming a Canadian citizen or facing a challenge to your citizenship status can be confusing. Having a legal advisor on your side makes this process easier, clearer and quicker.
At Kurzfeld Law Firm, we help people from all over the world who are at any stage of their immigration journey to Canada, including citizenship. We’ll take the time to understand your circumstances and develop a plan to meet your needs.
Ready to take the next step toward Canadian citizenship? Schedule a consultation with Kurzfeld Law Firm.
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