Chapter CP 9 - Loss, resumption, renunciation, revocation

Section 1 - Loss of citizenship

1.1 Related Topics

Resumption, renunciation, revocation

1.2 This section is about

• the Canadian Citizenship Act, 1947, and loss of citizenship
• steps to take in suspected loss of citizenship
• women who lost British subject status before 1947

See Chapter 14 Appendices: tables on loss of citizenship

1.3 1947 Act allowed loss

The Canadian Citizenship Act, in force from January 1, 1947 until February 14, 1977, contained several provisions for automatic loss of citizenship. Loss could occur through naturalization outside Canada, naturalization of a parent, marriage, lengthy absence from Canada, service in foreign military, failure to apply for retention of citizenship, failure to take up residence in Canada by a certain date or age.

1.4 Requests for clarification of citizenship status

Frequently persons who may have lost their Canadian citizenship make inquiries about their current citizenship status. This inquiry involves the processing of a proof of citizenship form. For many years this process has been referred to as "clarification of status".

1.4.1 Applicants must complete Application

All persons who make formal inquiries and require written confirmation as to their citizenship status must complete the form "Application for Proof of Citizenship" (CIT1-0001) and pay the cost recovery fee set out in the fee schedule of the Citizenship Act. In addition to completing the application and paying the cost recovery fee, the applicant must submit two photographs and relevant documentation. Documents must be originals or certified true copies.

The requirement to submit a proof application with fee, photos and documents applies as well to those persons who suspect that they may have lost their Canadian citizenship and require written confirmation of their current citizenship status.

1.4.2 Citizenship certificate issued to citizens

Where CPC Sydney determines that the client is a Canadian citizen a Citizenship Certificate will be produce and forwarded to the client.

1.4.3 CPC Sydney informs client of loss of citizenship

Where CPC Sydney determines that the client was a citizen but has lost citizenship, CPC Sydney will inform the client in writing. The letter will confirm the original claim to citizenship, outline how loss of citizenship occurred and explain the requirements to resume Canadian citizenship.

Where CPC Sydney determines that the client never was a citizen, the client will be provided with a letter stating he\she never was a Canadian citizen. The letter will also explain the requirements to obtain Canadian citizenship.

1.5 Review applications for loss

Every application for a citizenship certificate (proof of citizenship) is reviewed to ensure a person applying for a certificate is a Canadian citizen and not subject to any of the loss provisions.

1.6 Accept application form as being true

Accept the information on the application form as being true and correct, unless there is reason to believe otherwise.

Persons who make false statements on an application can be charged under section 29 of the Citizenship Act.

1.7 Applicant must get letter

If a ruling is needed from another country to determine status under the Citizenship Act, the applicant must obtain the information from the authorities of the country.

1.8 Need for letter may be waived

Many Canadians live in the United States. It sometimes takes from eight to nine months to get record letters from the United States. This delays processing of applications for proof of citizenship. The record letters, when received, have always confirmed the applicants' claim that they did not acquire American nationality.

If an officer is satisfied that an applicant has not acquired American nationality, it is not necessary to ask for a letter of confirmation.

1.9 Minor may not know what parents did

A person who left Canada as a minor child may not be aware of actions taken by a parent that could have affected nationality. If the parent whose status is being questioned can provide a statement concerning his/her non-acquisition of another nationality, this should be accepted. If there is doubt, ask the person to obtain a letter from the appropriate authorities. A permanent resident card for the USA is acceptable evidence that the person in question did not naturalize as a US citizen.

1.10 If parents naturalized U.S. citizens, date is important

When both parents of an applicant are naturalized citizens of the United States, special attention must be paid to the date on which citizenship was acquired.

Under United States law, if both parents are simultaneously naturalized, their minor children automatically become U.S. citizens.

The children may not have proof that they are U.S. citizens because certificates of proof of citizenship are not issued automatically. They may have letters from the United States authorities confirming that they are permanent residents of the U.S. when, in fact, they are U.S. citizens. In these cases, it is necessary for the applicant to confirm with USA authorities (Department of Immigration and Naturalization Services) that their parents’ naturalization did not entitle their children to USA citizenship.

1.11 Derivation claims, marriage

Some applicants claim that they acquired other nationalities without taking any formal action, such as by a derivation claim, automatically acquiring another nationality upon marriage.

1.12 Ask for document or letter

Applicants who claim they are acquired citizenship of another country through no formal action of their own should be asked to provide a document or letter confirming the section of the law under which the nationality was obtained.

1.13 Passport not acceptable

If the applicant has acquired a foreign nationality, a passport is not acceptable as it does not show when and how foreign citizenship was acquired.

The applicant should either submit a letter from foreign authorities or a certificate of naturalization which indicates when and how foreign citizenship was acquired.

1.14 When loss is determined

It is possible for persons to have lost Canadian citizenship status without their knowledge. Persons who lost citizenship status may be in Canada without status. Before advising an applicant for proof of citizenship that he/she is not entitled to a certificate,

it is important to ensure all documentary evidence and facts are complete. If CPC-Sydney requires further information or documents, CPC-Sydney will contact the client.

1.15 Two officials must review each loss case

In cases of loss of citizenship, two CPC-Sydney officials must concur with the decision. If there is no concurrence, the file is sent to the Nationality Law Advisor in Integration Branch for a final decision.

When there is agreement that an applicant for proof of citizenship did lose citizenship, or when the Nationality Law Advisor decides that the applicant did lose citizenship, CPC-Sydney writes to the client explaining the decision.

Women, British subject status

1.16 Women and loss of British subject status

British women who married aliens before January 15, 1932 lost British subject status, even though the loss created statelessness.

On January 15, 1932, the Naturalization Act was amended to deal with statelessness. From that date British women retained their nationality unless they acquired their husband's nationality by marriage.

Wives of British subjects who acquired alien nationality during the continuation of the marriage lost British nationality only if they took the new nationality acquired by their husband's alien naturalization.

1.17 Table of countries

Between January 15, 1932 and December 31, 1946, women lost their British subject status if they married nationals of the following countries, or if their husbands acquired the nationality of one of the following countries after the marriage:

1.18 Most important point

The most important point to remember is that before January 1, 1947 a married woman was under a disability. She could not do anything on her own to divest herself of her British subject status.

1.19 From 1868 to 1932, woman's status same as husband's

From 1868 to January 14, 1932, a woman's status was always automatically the same as her husband's status.

The rule is:

wife of a British subject shall be deemed to be a British subject, and the wife of an alien shall be deemed to be an alien.

1.20 Status from Jan. 15, 1932 to Dec. 31, 1946

From January 15, 1932 until December 31, 1946, a woman's status was governed as follows:

1.21 Easy remedy to loss

Most women who lost their status do not know they lost it until applying for a Canadian passport. Reinstatement as a Canadian citizen is an easy remedy. Reinstatement is a simple procedure with no cost. See section 2 of this chapter [Resumption-11(2)] on procedures to reinstate a women to Canadian citizenship status.