Chapter CP 9 - Loss, resumption, renunciation, revocation

Section 2 - Resumption of Canadian citizenship

2.1 This section is about

resumption of Canadian citizenship by a former citizen and reinstatement of citizenship for a women who lost on marriage.

2.2 Authorities

2.3 Who can resume citizenship

Former Canadians who can resume citizenship are:

• any person who was previously a Canadian citizen, other than a person whose citizenship was revoked under the former or present Act—section 11(1)
• a woman who lost British subject status before January 1, 1947 by virtue of her marriage to an alien or the alien naturalization of her husband—section 11(2).

2.4 Who cannot resume citizenship

Persons who cannot resume citizenship are:

• Persons who would have had a claim to Canadian citizenship on January 1, 1947 but who lost British subject status prior to that date are not eligible to resume under section 11(1) because they were never Canadian citizen. They must apply under section 5(1). The exception to this is women who lost British subject status solely because of marriage to an alien prior to 1947; these women are reinstated under section 11(2) of the Act.
• A person whose Canadian citizenship was revoked under the Canadian Citizenship Act or under the current Act, cannot resume citizenship under this section of the Act. The person must apply for grant of citizenship under section 5.

2.5 11(1) Resumption is a grant

A person who resumes Canadian citizenship is granted citizenship. Any adult who is granted citizenship is required to take the oath of citizenship. Resumption of citizenship is not retroactive. The effective date of citizenship is the date on which the oath was administered.

2.6 11(2) Resumption needs no oath

A woman reinstated under 11(2) is not required to take the oath of citizenship. The effective date of citizenship is the date on which her statement is received by CIC. See Resumption-Section 11(2) in this chapter.

Resumption—Section 11(1)

2.7 Requirements

A former Canadian citizen may be granted a resumption of citizenship status if the person:

• applies for resumption of citizenship
• is not subject to a declaration by the Governor in Council made pursuant to section 10 or 20 of the Act or Section 18 or the former Act
• is not under a deportation order
• has been lawfully admitted to Canada for permanent residence since ceasing to be a citizen, and has not ceased to be a permanent resident
• has resided in Canada for at least one year immediately before the date of the application for resumption.

2.8 Processing over view

The Application for Resumption of Citizenship and the Application for a Citizenship Certificate forms are received at CPC-Sydney.

Applications are checked for completion, correct fee and documentation is examined to ensure all requirements for resumption have been met.

Clearances are requested electronically.

The file is forwarded to an officer who reviews the case and checks the application information against existing citizenship records to confirm that the applicant did lose citizenship. If CPC-Sydney receives only a letter, telex, or other source of communication about a client's citizenship status, CPC-Sydney checks the information against the information in existing citizenship records to decide if the client lost citizenship. In many instances, there will be no existing citizenship records of a natural born Canadian who lost citizenship.

When clearances are received, a certificate is prepared and forwarded to the local office along with the file.

The application is forwarded to a judge for a decision.

If the decision is favourable, the judge approves the application and the citizenship officer grants citizenship.

The applicant is notified of the date, time and place to appear for the taking of the oath.

After the oath is taken and the oath form is signed, the file is returned to CPC-Sydney for retirement.

2.9 Application forms

The applicant must submit an Application to Resume Citizenship form (which is used to obtain the necessary information to allow the citizenship judge to determine that the individual satisfies the requirements for resumption) and the Application for a Citizenship Certificate kit (which collects data required to determine the individual's original claim and subsequent loss of citizenship and to allow for the issuance of a citizenship certificate).

2.10 Documentation—11(1)

Original or certified true copies of the following documents must be submitted along with an application for resumption:

• applicant's birth certificate, or other satisfactory evidence of date and place of birth
• satisfactory evidence that the applicant was a citizen, such as Canadian provincial birth certificate, foreign birth certificate which confirms birth outside Canada to Canadian parent (s), Canadian Citizenship Certificate, Canadian Naturalization Certificate, Registration of Birth Abroad Certificate
• satisfactory evidence that the applicant ceased to be a Canadian citizen, such as a renunciation certificate or naturalization certificate from a foreign country
• IMM 1000 or other satisfactory evidence that the applicant was lawfully admitted to Canada for permanent residence after ceasing to be a citizen
• evidence that the applicant has resided in Canada for at least one year immediately preceding the date of the application
• two additional documents to establish identity such as a driver's licence, Social Insurance card, etc.
• two citizenship-size photographs.

2.11 Fee

A non-refundable processing fee must be submitted with the application. The Right of Citizenship fee is refunded should the applicant not be granted citizenship. For current fee see Fees and Refunds.

2.12 Clearances and prohibitions

CPC-Sydney requests immigration, security and criminal clearance checks for applications for resumption under section 11(1). See Clearances and Prohibitions.

2.13 Judge may require that the person appear in person for a hearing

An oral hearing with a citizenship judge is not mandatory for a grant application under section 11(1). However, if the judge feels that further information is required in order to make a decision, the judge may request that the applicant appear for an oral interview. The local office contacts the applicant and requests that the client appear for an interview with a judge and to provide any information necessary. See chapter on Residence.

2.14 5(3) waivers and 5(4) grants

A judge may recommend that the requirement that the person take the oath of citizenship be waived under section 5(3) because of a mental disability. A judge may also recommend that citizenship be granted pursuant to section 5(4). See chapter on waivers, legal guardianship

2.15 Request for waiver sent to Case Management Branch

Should the judge recommend a waiver under 5(3), the entire file with supporting documentation is forwarded to Case Management Branch. See Waivers.

2.16 Residence

Federal Court jurisprudence has ruled that residence is not defined in the Act as meaning physical presence. A judge determines if an applicant has met the resident requirement under section 11(1). See chapter on Residence

2.17 Right of appeal

If an application is not approved by the citizenship judge, the judge notifies the applicant in writing of the reasons why the application is not approved and the right to appeal the decision. See Appeals.

Resumption—Section 11(2)

2.18 Requirements

A woman who would have been a citizen on January 1, 1947, except for loss of British subject status before that date, by virtue of her marriage to an alien or the alien naturalization of her husband may automatically acquire citizenship by:

notifying the Minister in writing that she elects to do so, see sample statement below

OR

submitting an Application for a Citizenship Certificate kit with the notice to the Minister, if she wants a citizenship certificate.

The women may write directly to the Registrar or send her letter via any citizenship office or post abroad.

2.19 Sample statement

"I, being a woman who lost British subject status by virtue of my marriage to a non-British subject man, hereby declare my desire to become a Canadian citizen."

2.20 Documentation

Along with the written statement, photocopies of the following documentation are required:

• Canadian provincial birth certificate or naturalization certificate establishing British subject status prior to 1947
• marriage certificate or notation regarding marriage shown on baptismal certificate issued in Quebec
• evidence that husband was not a British subject at time of marriage
• evidence of any nationality of another country acquired by husband subsequent to the marriage to determine whether she was automatically included in his naturalization
• two additional documents to establish her identity, such as a driver's licence, Social Insurance Card, etc..

Note: the application to resume citizenship is processed even if the woman cannot provide documents proving her husband was not a British subject at time of marriage. A statement from the subject confirming her husband was not a British subject is sufficient evidence.

2.21 Fee

There is no fee for reinstatement of citizenship under section 11(2), unless the woman wants a citizenship certificate.

2.22 Forms

No forms are required for the reinstatement of citizenship under section 11(2), unless the woman wants a citizenship certificate.

2.23 What the person will receive

Once CPC-Sydney receives the written notice and necessary documentation, a letter is issued confirming that citizenship has been acquired.

2.24 If person wants a citizenship certificate

If the woman does wish to obtain a citizenship certificate, she must submit an Application for a Citizenship Certificate form, along with the notice to the Minister and the usual documents, photographs and fee. See chapter 10-Proof of citizenship

2.25 Effective date

Citizenship is not retroactive. The date on which the notice in writing to the Minister is received by the Registrar, CPC-Sydney or the local citizenship office, is the effective date of citizenship.

2.26 No prohibitions

The woman is not subject to any prohibitions.

2.27 No residence requirement

The person is not subject to any residence requirements.

2.28 No oath

The person is not required to take the oath of citizenship.