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Citizenship

Citizenship applications, proof of citizenship and related matters.

Free calls are with one of our litigation lawyers, usually within one or two business days.

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Applying for citizenship

A permanent resident can apply for a grant of citizenship once the requirements are met. Citizenship by grant is not automatic. The application has to meet the legal requirements, and the details of your time in Canada have to be right. In general, you must:

  • Be a permanent resident with no unfulfilled conditions on that status
  • Have been physically present in Canada for at least 1,095 days in the five years before you apply
  • Have filed your income tax returns for the required years. There is no minimum income
  • If you are aged 18 to 54, show an adequate knowledge of English or French
  • If you are aged 18 to 54, pass the knowledge test about Canada
  • Not be under a removal order, and not be barred by one of the prohibitions below

Here are the typical situations we handle:

  • Counting days for the physical presence requirement, including time as a temporary resident
  • Applicants with a criminal charge or conviction, or a past immigration problem
  • Applicants who need a waiver because of a medical condition
  • Delays, suspensions and requests for more information
  • Minors, and children adopted abroad
  • Revocation, renunciation and resumption of citizenship

This is general information only, not legal advice. Every case is different. Please get independent legal advice about your own situation before deciding what to do.

Counting your days

The 1,095-day requirement is a strict calculation, and the burden is on you to prove the days with clear evidence. Days in Canada as a temporary resident or protected person before you became a permanent resident count as half a day each, up to 365 days. Days since becoming a permanent resident count in full. A calculator is available and a mistake can cost months.

Do not forget: the exceptions to the permanent residence residency obligation do not apply to citizenship. Time spent abroad accompanying a spouse, for example, can count for one but not the other. Time under probation, parole or imprisonment generally does not count, with narrow exceptions. Members of the Canadian Armed Forces have a different rule.

Language, the test and documents

  • Language. You can show it by finishing secondary or post-secondary school in English or French, by test results at the required level from your earlier immigration application, or by certain government-funded language training. The required level is basic.
  • Knowledge test. Usually 20 questions based on the official study guide. A passing mark is 15 correct. You can take the test twice, and if you do not pass you may be called to an interview.
  • Police certificates. If you spent 183 days or more in a row in another country in the last four years, since you turned 18, you may need a police certificate from that country.
  • Passport pages and travel history. Pages for the last five years, with entry and exit stamps, are part of the application.

A person who is physically or mentally unable to meet the language, test or oath requirement may ask for a waiver on compassionate grounds. The days-in-Canada requirement can be waived only for minors. Reasonable accommodation is also available for people with disabilities. Lawyer to verify before publishing.

When you cannot be granted citizenship

Even if you meet the requirements, some situations prevent a grant, or the oath, for a period. They include:

  • Criminality. Being on probation, on parole or in prison, having been charged with or on trial for an indictable offence, or having been convicted of one in the last four years. There are also rules for foreign convictions and for charges abroad.
  • Security and serious crimes. Terrorism, treason, spying or war crimes, and other security matters.
  • Misrepresentation. Giving false information, or hiding a material fact, in a way that could lead to an error in handling the application.
  • A removal order. You cannot be granted citizenship while under one.

Some prohibitions can be waived on compassionate grounds, but unlike in immigration law, there is no humanitarian discretion for convictions. We review any history carefully before you apply. Lawyer to verify before publishing.

The process, start to finish

1
Check eligibility

We count your days, review your tax filings and history, and screen for any prohibition. This is where problems are found and fixed.

2
Prepare the application

Forms, photos, passport pages, language proof, police certificates and the days-in-Canada calculation. We check for consistency with your earlier immigration files.

3
File and follow

The application is filed online or on paper. We track it, and respond to any request for more information.

Does IRCC have concerns?
Request or interview

IRCC can ask for more information, or call you to an interview or a hearing before a citizenship officer or judge.

Suspension

IRCC can suspend processing while it looks into a concern, such as a possible inadmissibility.

4
Test and oath

You write the knowledge test, if required, and receive a notice to take the oath. You can swear on a holy book of your choice, or affirm.

The result
Granted

You become a citizen at the ceremony.

Refused

You may have options, including a new application or a Federal Court review.

Processing times change often. We give you an estimate when you retain us.

Delays and suspensions

IRCC can suspend an application for as long as necessary to get information or the result of an investigation. A suspension does not mean that you can do nothing. The Court can look at whether a suspension is reasonable and whether it has gone on longer than it needs to, and the Minister has to give some information to show why. See mandamus applications. Lawyer to verify before publishing.

Revocation, renunciation and resumption

  • Revocation. The Minister can revoke citizenship if satisfied that it was obtained, kept or resumed by false representation, fraud, or by knowingly hiding material facts. You get notice and 60 days to respond, and you can raise personal circumstances, including the best interests of a child and whether you would become stateless. Innocent mistakes and technical errors are not supposed to lead to revocation. Because a mistake on an earlier application can come back later, we review earlier files before a new application is made.
  • Renunciation. A citizen who is not a minor, who has another citizenship or will have one, and who understands what they are doing, can apply to renounce. Most applicants must live outside Canada.
  • Resumption. A person who stopped being a citizen can apply to resume citizenship after becoming a permanent resident again, with at least 365 days in Canada in the two years before the application.

Lawyer to verify before publishing.

Citizenship by birth, descent and adoption

A person born in Canada is generally a citizen, with a narrow exception for children of foreign diplomats and some other representatives of foreign governments. A person born abroad to a Canadian parent may be a citizen by descent. The rules have changed a great deal. See citizenship by descent. A child adopted abroad by a Canadian citizen can apply for citizenship if the adoption was in the child’s best interests, created a genuine parent-child relationship, followed the law and was not entered into mainly for immigration purposes.

How we help

We regularly represent clients in citizenship applications. These turn on the details of your time in Canada and your history, so we check them before you file. Our team knows what these matters require and has the experience to prepare them carefully.

  • Counting days and checking eligibility
  • Screening for prohibitions, criminal history and past immigration issues
  • Reviewing earlier immigration applications for inconsistencies
  • Preparing the application, language proof and police certificates
  • Preparing you for the test and any interview
  • Responding to requests, delays and suspensions
  • Waivers for medical conditions and applications for minors
  • Advising on revocation, renunciation and resumption, and on a Federal Court review if an application is refused

What to bring

  • Your permanent resident documents and any travel documents
  • Passport pages for the last five years, with stamps
  • A list of your trips outside Canada
  • Tax assessments for the relevant years
  • Language test results or school records
  • Police certificates, if you lived abroad for part of the last four years
  • Any court or immigration documents, if you have a charge, conviction or earlier refusal

Questions

How do I know if I qualify?

We review your history and tell you plainly. The days-in-Canada count and any criminal or immigration history are the first things to check.

Do I need to show a minimum income?

No. You must file your income tax returns for the required years.

What if I fail the knowledge test?

You can usually take it a second time. After that, you may be called to an interview.

Does time as a student or worker count?

Partly. Days before becoming a permanent resident count as half a day each, up to a limit. Lawyer to verify before publishing.

What if my application is refused?

Review options may be available, with short time limits.

Do you help with proof of citizenship?

Yes. See citizenship by descent.

How much will this cost?

You can get an approximate fee through our online consultation portal before your appointment.

Related

Talk to a lawyer about citizenship.

A confidential first conversation, and a straight answer about your options.

Free calls are with one of our litigation lawyers, usually within one or two business days.

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