Citizenship Resumption

Resumption of Citizenship

Were you previously a citizen of Canada? Would you like to regain your citizenship status?

Individuals who once held Canadian citizenship can regain their citizenship under specific conditions. Please note that resuming citizenship is not applied retroactively but commences after taking the citizenship oath.

Eligibility Requirements

To qualify for the resumption of Canadian citizenship, you must meet the following criteria:

You must have:

  • Previously been a Canadian citizen
  • Become a permanent resident of Canada after losing your Canadian citizenship
  • No outstanding conditions linked to your permanent resident status
  • Spent at least 365 days in Canada as a permanent resident during the two years immediately preceding your application
  • Met your personal income tax obligations for the tax year just before your application

You must not have:

  • Had your Canadian citizenship revoked
  • An active removal order (a directive from Canadian authorities to leave the country)
  • A prohibition on being granted citizenship

As per subsection 11(1) of the Citizenship Act, the following individuals could be eligible to resume citizenship:

  1. The Minister is obligated to grant citizenship to any person who, after ceasing to be a citizen,
  2. Submits an application for resuming citizenship
  3. Is not subject to an order under section 10, as defined before section 8 of the Strengthening Canadian Citizenship Act was enforced, a determination under section 10, a declaration under section 10.1, or an order under section 18 of the former Act
  4. Is not the subject of a declaration under section 20
  5. Is not under a removal order
  6. Has obtained permanent resident status according to subsection 2(1) of the Immigration and Refugee Protection Act, with no outstanding conditions as per the regulations. Additionally, since becoming a permanent resident and ceasing to be a citizen, this individual should have:
  7. Been physically present in Canada for a minimum of 365 days during the two years before the application date
  8. Met any relevant requirements under the Income Tax Act for filing income returns in the tax year immediately prior to the application year.
Citizenship Resumption

Furthermore, according to subsection 11(b), section 10 of the Citizenship Act determines when citizenship status can be revoked. Consequently, individuals whose citizenship was previously revoked cannot resume their status; instead, they must apply for a new citizenship grant under section 5 of the Citizenship Act.

Regaining Citizenship

Individuals who previously held Canadian citizenship might be able to regain their previous status, provided they are not disqualified under specific circumstances. The process of resuming citizenship does not apply retroactively and only takes effect after the citizenship oath has been administered.

Who Can Apply for Resumption of Citizenship?

  • Any person who was once a Canadian citizen could be eligible to resume Canadian citizenship, as long as they have acquired permanent resident status and met all legal requirements.
  • Individuals who are serving or have served in the Canadian Armed Forces receive priority in processing.

Who Cannot Apply for Resumption of Citizenship?

  • Individuals whose Canadian citizenship was revoked under the provisions of the Canadian Citizenship Act or the current act.
  • Women who lost British subject status solely due to marriage with a foreign national or their husband gaining foreign nationality during their marriage before 1947. However, women in this category might still obtain citizenship under subsection 11(2) of the Act or through the 2015 legislative amendments.
  • Individuals whose citizenship was already restored through the 2019 legislative amendments can’t apply for resumption but can seek proof of citizenship.
  • Persons whose status was already resumed due to the 2009 amendments to the Citizenship Act cannot apply for resumption but can request proof of citizenship.

Please be aware that applications from individuals in or with the Canadian Armed Forces seeking to resume citizenship will receive priority processing. Subsection 11(1)(d) does not apply to those who completed six months of service in the Canadian Armed Forces in the two years before the application. These individuals must still meet all relevant requirements of the Immigration and Refugee Protection Act for their permanent resident status.

Please note that some eligibility requirements differ based on whether the application was submitted before, on, or after June 11, 2015. For more information and clarification, kindly get in touch with our office.

Application and Procedure

Individuals aiming to resume citizenship must submit an Application to Resume Canadian Citizenship under subsection 11(1). The application should be accompanied by supporting documents including:

  • Birth Certificate or other proof of birth date and place, along with two other identity documents
  • Evidence of prior citizenship and the loss of status, which may include a renunciation or naturalization certificate from another country
  • Canadian immigration records, demonstrating lawful admission to Canada as a permanent resident after losing citizenship
  • Proof that the applicant meets residency requirements
  • Processing fee

 

Citizenship Resumption

Once submitted to the Case Processing Centre in Sydney, the application information is cross-referenced with existing citizenship records. Background checks are conducted for security and criminal clearance. The application then goes to a level 2 decision maker who assesses eligibility. If there are no concerns, the citizenship officer approves the application and forwards it to the local office for scheduling the citizenship ceremony.

If concerns arise, additional documentation may be requested. If not provided, abandonment procedures might begin. If provided but not resolving concerns, the applicant may be interviewed by a level 2 decision maker. If concerns persist after the interview, the case goes to a citizenship judge for a final decision. If there’s a prohibition from obtaining citizenship or a removal order, procedural fairness measures are initiated by the Case Processing Centre.

The applicant can request an in-person hearing, during which the local office makes the final decision. Without an in-person hearing request, the application will proceed without the need for a referral.