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Renunciation and Revocation

Details on voluntarily giving up Canadian citizenship or circumstances under which it can be revoked.

Sections

Eligibility Criteria

To renounce Canadian citizenship, you must meet the following conditions:

  1. Be a Canadian citizen: You must hold Canadian citizenship at the time of application.
  2. Be at least 18 years old: Minors cannot renounce citizenship unless their parent or legal guardian applies on their behalf.
  3. Have citizenship or be in the process of acquiring citizenship in another country: Canada does not allow individuals to become stateless. You must provide proof of citizenship or confirmation that you will acquire citizenship in another country upon renunciation.
  4. Not be under threat of revocation: If your citizenship is being revoked due to fraud or misrepresentation, you cannot renounce it.
  5. Understand the consequences: You must demonstrate that you understand the implications of renouncing your Canadian citizenship, including the loss of rights and privileges associated with it.

Application Process

  1. Complete the Application Form:

    • Use Form CIT 0302 (Application to Renounce Canadian Citizenship).
    • Ensure all sections are completed accurately and truthfully.

  2. Gather Supporting Documents:

    • Proof of Canadian citizenship (e.g., Canadian citizenship certificate or birth certificate).
    • Proof of citizenship or confirmation of citizenship in another country.
    • Valid government-issued photo identification.

  3. Pay the Application Fee:

    • The fee for renouncing Canadian citizenship is CAD 100 (as of October 2023). This fee is non-refundable.

  4. Submit the Application:

    • Mail the completed application form and supporting documents to the appropriate office of Immigration, Refugees and Citizenship Canada (IRCC). The address is provided in the application guide.

  5. Attend an Interview (if required):

    • In some cases, IRCC may request an interview to confirm your understanding of the consequences of renunciation.

  6. Receive Confirmation:

    • If approved, you will receive a Certificate of Renunciation. At this point, you are no longer a Canadian citizen.

Processing Time

  • Processing times vary but typically take several months. Check the IRCC website for the most up-to-date processing times.

Key Considerations

  • Loss of Rights: Renouncing Canadian citizenship means you lose the right to live, work, and vote in Canada. You will also lose access to Canadian consular services abroad.
  • Reacquisition: If you later wish to regain Canadian citizenship, you must apply for it through the standard naturalization process, which includes meeting residency and other requirements.

2. Revocation of Canadian Citizenship

Revocation of Canadian citizenship is an involuntary process initiated by the Canadian government. It occurs when an individual is found to have obtained citizenship fraudulently or through misrepresentation.

Grounds for Revocation

The Canadian government may revoke citizenship if:

  1. The individual obtained citizenship through fraud, false representation, or knowingly concealing material facts.
  2. The individual was involved in war crimes, crimes against humanity, or terrorism before or after obtaining citizenship.

Revocation Process

  1. Investigation:

    • IRCC or the Canada Border Services Agency (CBSA) investigates allegations of fraud or misrepresentation.

  2. Notice of Intent:

    • If evidence supports revocation, the individual is issued a "Notice of Intent to Revoke Citizenship." This notice outlines the reasons for revocation and provides the individual with an opportunity to respond.

  3. Response Period:

    • The individual has 30 days to respond to the notice. They can provide evidence, request a hearing, or challenge the allegations.

  4. Decision by the Minister:

    • If the individual does not respond or if the response is deemed insufficient, the Minister of Immigration, Refugees and Citizenship may decide to revoke citizenship.

  5. Federal Court Review (if applicable):

    • In cases involving serious criminality (e.g., war crimes), the decision may be referred to the Federal Court for review.

  6. Final Decision:

    • If citizenship is revoked, the individual reverts to their previous immigration status (e.g., permanent resident). If they are not a permanent resident, they may face removal from Canada.

Key Considerations

  • Appeals: Individuals can appeal the revocation decision to the Federal Court.
  • Impact on Family Members: Revocation applies only to the individual in question and does not affect the citizenship status of their family members.
  • Statelessness: Canada ensures that revocation does not render an individual stateless. If the individual has no other citizenship, they may retain permanent resident status.

3. Comparison of Renunciation and Revocation

| Aspect | Renunciation | Revocation | |---------------------------|-------------------------------------------|------------------------------------------| | Voluntary/Involuntary | Voluntary | Involuntary | | Reason | Personal choice or dual citizenship laws | Fraud, misrepresentation, or criminality | | Initiated By | Individual | Canadian government | | Outcome | Loss of Canadian citizenship | Loss of Canadian citizenship | | Appeal Process | Not applicable | Federal Court review available |

4. General Costs

  • Renunciation Fee: CAD 100.
  • Legal Fees (if applicable): If you hire a lawyer to assist with renunciation or to defend against revocation, costs will vary depending on the complexity of the case.

5. Additional Considerations

  • Dual Citizenship: Canada allows dual citizenship, so renunciation is not required unless the other country does not permit it.
  • Tax Implications: Renouncing Canadian citizenship does not absolve you of any outstanding tax obligations to the Canada Revenue Agency (CRA).
  • Travel Restrictions: After renunciation, you will need a visa or Electronic Travel Authorization (eTA) to enter Canada, depending on your new citizenship.

6. Resources

  • Immigration, Refugees and Citizenship Canada (IRCC):
  • Legal Assistance:
    • Consult an immigration lawyer for complex cases or appeals.

This guide provides a comprehensive overview of renunciation and revocation of Canadian citizenship. If you have further questions or need clarification, feel free to ask!