Canadian Renunciation of Citizenship

Any Canadian citizen can apply to renounce their citizenship. The process by which renunciation is effected is through an application process. There are two different application packages that are available to you. One is for adult Canadian citizens who want to give up their citizenship while the other application is to be used if you automatically received citizenship because of changes to the Citizenship Act in 2009 or 2015. Please note that there are fees associated with the application for renunciation which are non-refundable. The fee is $100.

In order to be eligible to renounce your citizenship, you must be a citizen of a country other than Canada or will become a citizen of a country other than Canada if your application is approved. You must also not live in Canada, be at least 18 years of age, not be a threat to Canada’s security or be part of or engaged in criminal activity, be able to understand or appreciate the significance of renouncing your Canadian citizenship for want of mental disability and/or not be the subject of revocation of citizenship proceeding.

If you have received a notice of intent to revoke citizenship, or if an action has been commenced in Federal Court for declaration for revocation relating to fraud, a person will be unable to make an application for renunciation until such time a decision has been made or a final judgment has been rendered.

The process by which a decision is made for citizenship officers first involves the review of your renunciation application. The officer will first confirm that the applicant is not subject to revocation proceedings under the Act. If it is been confirmed by the IRCC that a file relating to revocation has not been opened or if notice was sent or if an action was commenced in the Federal Court, then the application will proceed to the next step which will include initiating the security clearance process and thereafter the file will be referred to a program support officer. Once the security clearances received, the citizenship officer will confirm that the applicant is a Canadian citizen or will become a citizen or will become a citizen of another country. The officer will also confirm that the applicant is not residing in Canada that the applicant is capable of understanding the significance of the renunciation application by reason of mental disability will confirm that the citizenship certificate has been returned with the application and if it is not, that steps will be taken to surrender the certificate before proceeding further. Confirmation will also be required that the applicant is not subject of a declaration by the Governor in Council pursuant to section 20 of the Act. If further information is required, the citizenship officer can request further information from the applicant. Upon receipt of all of the requisite information and provided that all the requirements are satisfied under the Citizenship Act and the regulations made there under, the citizenship officer can then make a decision. However, prior to a final decision being made, the citizenship officer must ensure that there are no revocation proceedings that have been filed since the application was made. Provided that the citizenship officer is satisfied that all requirements have been met a decision can be made without a hearing. If a hearing is necessary

Renouncing your citizenship is a very serious decision as you will lose all rights and privileges of being a Canadian citizen. Provided your application is approved you will then have no status in Canada. The significance of this cannot be understated and will affect any future plans to come back to Canada. If you wish to return to Canada permanently you will have to apply for a permanent resident visa. If however, you wish to return to Canada on a temporary basis to either visit, work or study, you’ll have to apply for a tour temporary resident visa.

Navigating the renunciation procedure can be complex. By calling Preszler Immigration Lawyers, you will be able to speak to a lawyer who can help you through the process. To request a consultation, call Preszler Immigration Lawyers at 1-800-CITIZEN.

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