Citizenship Flashcards
Acquisition of Citizenship
- Jus Solis : obtain citizenship because they were born in Canada
they acquire citizenship if they are born in Canada even if their parents are in Canada illegal or are FN, including Canadian ships and aircrafts
- EXCEPTION: FN are here in Canada as a rep of a foreign gov, their children are not citizens even if born here.
2. Jus Sanguinis : are granted for citizenship as a result of their bloodline
- if born outside of Canada and one of the parents are Canadian then they are a citizen
- this is also applicable to non-biological Canadian parents who are their child’s legal parent at birth - this is passed down to the child that is born abroad
** Exception, it goes beyond the first generation rule if
3. Naturalization: born outside of Canada, became PR and submitted a request for Citizenship
- for those that cannot comply, may for compassionate reasons, have the requirement for language, competence, citizenship test and oath be waived
Revocation of Citizenship
Who decides?
The revocation process has two decision making streams
- the vast majority of revocation cases will be decided by the Minister
- certain complex cases will be decided by the Federal Court
Grounds for Revocation
Canadian law allows for revocation in certain circumstances. Subsections 10(1) and 10.1(1) of the Citizenship Act provide that a person’s citizenship or renunciation of citizenship may be revoked if the person obtains, retains, renounces, or resumes citizenship by
- false representation;
- fraud; or
- knowingly concealing material circumstances.
Citizenship may also be revoked if a person (who is a dual citizen), before or after the coming into force of subsections 10(2) and 10.1(2) and while the person was a Canadian citizen,
- was convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received; or
- served as a member of an armed force of a country or as a member of an organized armed group and that country or group was engaged in armed conflict with Canada.
Revocation and Canada’s international obligations
Article 8 of the United Nations Convention on the Reduction of Statelessness states that a state is not in breach of its obligations should it render a person stateless for having obtained the status through fraud or misrepresentation.
Status of person under revocation proceedings
A person under revocation proceedings remains entitled to all rights and privileges of Canadian citizenship until the person’s citizenship is revoked.
Under the new model, the date the person’s citizenship is revoked is either the date of the Minister’s decision to revoke citizenship or the date of the declaration by the Federal Court.
Renunciation of Canadian citizenship during the revocation process
A person may not make an application to renounce their Canadian citizenship if they were given notice of the Minister’s intention to revoke citizenship or if the Minister has commenced an action seeking a declaration from the Federal Court.
If a renunciation application is made and the Minister subsequently provides the applicant with a notice to revoke citizenship or commences an action for a declaration from the Federal Court, the processing of that application is suspended until a decision is made on the revocation.
Status of a person post-revocation
If the person’s citizenship was revoked due to false representation or fraud or knowingly concealing material circumstances during the citizenship process only the person becomes a permanent resident as per subsection 46(2)
Revocation in such situations does not itself jeopardize the right of the person to remain in Canada; however, the person must meet all obligations under the IRPA. For the residency obligation under the IRPA, the five-year period begins on the date the person becomes a permanent resident.
If the person’s citizenship was revoked on the grounds they became a permanent resident by false representation or fraud or knowingly concealed material circumstances, the person will revert to foreign national status. If the false representation or fraud or concealing of material circumstances was with respect to a fact described in sections 34, 35 or 37 of the IRPA, the Federal Court, in certain cases, may also declare the person inadmissible and issue a removal order.
If the person is a dual citizen and the person’s Canadian citizenship was revoked due to convictions for terrorism, high treason, treason, or spying offences, depending on the sentence received, or for serving as a member of an armed force of a country or organized armed group engaged in armed conflict with Canada, the person becomes a foreign national.
If the person, who is a foreign national, is in Canada once citizenship has been revoked, the person is in Canada without status. The person may be reportable under subsection 44(1) of the IRPA and may be subject to removal from Canada.
Impact of revocation on future citizenship applications
If revoked for false rep, fraud, or concealing material circumstances, must wait 10 Years from the date of revocation before applying for citizenship.
- the person cannot apply for resumption of citizenship and must meet all requirements of the Act
If C was revoked for conviction of terrorism, high treason, or spying offences, depending on the sentence recieved, is permanently barred from granting citizenship
Renunciation of Citizenship
Who can apply?
Under the provisions of subsection 9(1) of the Citizenship Act, a Canadian citizen may renounce citizenship if they:
- are a citizen of a country other than Canada, or, if their application is accepted, will become a citizen of a country other than Canada;
- are not the subject of a declaration by the Governor in Council under section 20;
- are not a minor;
- are not prevented from understanding the significance of renouncing citizenship by reason of having a mental disability; and
- do not reside in Canada.
Renounciation - Who cannot apply?
a person cannot make an application for renunciation if the Minister has provided the applicant with a notice of intent to revoke citizenship referred to in subsection 10(3), or has commenced an action in Federal Court pursuant to subsection 10.1(1) for a declaration in respect of the applicant until the Minister provides the applicant with their decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be.
Suspension of the processing of the renunciation application made under subsection 9(1) and end of the suspension
if an application for renunciation is made and the Minister subsequently provides the applicant with a notice of intent to revoke citizenship referred to in subsection 10(3) or commences an action in Federal Court pursuant to subsection 10.1(1) for a declaration in respect of the applicant, the processing of that application is suspended until the Minister provides the applicant with their decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be.
Renunciation - Decision Maker
Minister has the authority to render decisions on renunciation applications under s 9(1)
Citizenship officers are delegated to act on behalf of the Minister to render decisions on applications for renunciation of Canadian citizenship made under subsection 9(1).
Renunciation
Minister’s discretion to waive requirements
Minister has the discretion to waive on compassionate grounds the requirements of paragraphs 9(1)(d) and (e):
- the applicant is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability [A9(1)(d)]; and
- the applicant does not reside in Canada
Recourse for Citizenship Matter
- only recourse is to file to the federal court for judicial review
Authority of Minister
- acquisition of citizenship
- renunciations permitting the termination of citizenship
- revocation
- resumptions
Note that the Minister has the right to suspend the application for as long as need be to recieve further information or results of an admissibility hearing
