Citizenship Revocation

Citizenship Revocation Process

The revocation of Canadian citizenship is an extremely serious matter with life-changing consequences. Depending on the grounds for revocation, a person who loses Canadian citizenship may also lose permanent residence and could face removal from Canada. If you or a family member is facing citizenship revocation, it is essential to seek legal counsel due to the complexity of the process.

Why Can the Government Take Citizenship Away?

Immigration, Refugees and Citizenship Canada (IRCC) may begin revocation proceedings if they believe that you obtained citizenship through:

• False representation
• Fraud
• Knowingly concealing material circumstances

Examples include misrepresenting residence history, failing to disclose a criminal record, or providing false documents. Amendments to the Citizenship Act (pending full implementation) may also allow revocation for individuals involved in terrorism, treason, or acts against Canada’s national interest.

What Happens After Citizenship Is Revoked?

If misrepresentation occurred only during the citizenship application, the individual usually reverts to being a permanent resident. For example, errors in counting physical presence days would result in a return to PR status.

However, if misrepresentation also occurred during the permanent residence application, citizenship revocation may directly lead to loss of permanent residency.

Additional consequences may arise if undeclared criminality becomes known at this stage, potentially making the person inadmissible to Canada for criminality.

Process for Citizenship Revocation

The revocation process generally follows these steps:

• Notice of Intent to Revoke Citizenship
  IRCC provides a written Notice outlining allegations and grounds for revocation.
• Right to Federal Court Review
  You have 30 days from receiving the Notice to request that the case be referred to the Federal Court.
• Federal Court Proceedings
  • IRCC files a Statement of Claim explaining why citizenship should be revoked.
  • You file a Statement of Defense challenging IRCC's allegations.
  • The Court reviews evidence and determines whether the allegations are supported.
• If the Court Finds the Allegations Unsupported
  The process ends, and your citizenship remains intact.
• If the Court Agrees with IRCC or You Do Not Request Court Review
  The Minister may submit a report to the Governor in Council recommending revocation.
• Opportunity to Make Written Submissions
  You may provide written submissions in response to the Minister’s report.
• Governor in Council Decision
  If revocation is approved, an Order in Council formally revokes citizenship.
• Judicial Review
  You may ask the Federal Court to judicially review the Governor in Council’s decision.