Resuming citizenship

[sum4141s]

Hi there, I’m studying a citizenship chapter from the Canadian Immigration and Refugee Law textbook and it says that citizenship can be resumed, restored, renounced, and revoked. However, I can’t think of a circumstance that a person may apply for resumption of citizenship.

It says a person can resume a citizenship status if the person became a PR status after losing the citizenship status without being it revoked. Could someone kindly provide me with an example of how a citizen can have their status switched to PR without being revoked?

Thank you!

 

[sookie85]

Hi there, I’m studying a citizenship chapter from the Canadian Immigration and Refugee Law textbook and it says that citizenship can be resumed, restored, renounced, and revoked. However, I can’t think of a circumstance that a person may apply for resumption of citizenship.

It says a person can resume a citizenship status if the person became a PR status after losing the citizenship status without being it revoked. Could someone kindly provide me with an example of how a citizen can have their status switched to PR without being revoked?

Thank you!

Hi,

I think one might renounce his/her Canadian citizenship voluntarily due to dual citizenship reasons. For instance, there are countries that don't allow dual citizenships such as Germany or India. However, if you renounce your Canadian citizenship for such a reason you can still remain a Permanent Resident.

Now, for whatever reason they might decide to give up the other country's citizenship and would like to have their Canadian citizenship resumed same as citizenship grant, provided they have maintained their PR status

 

[Das67]

Hi,

I think one might renounce his/her Canadian citizenship voluntarily due to dual citizenship reasons. For instance, there are countries that don't allow dual citizenships such as Germany or India. However, if you renounce your Canadian citizenship for such a reason you can still remain a Permanent Resident.

Now, for whatever reason they might decide to give up the other country's citizenship and would like to have their Canadian citizenship resumed same as citizenship grant, provided they have maintained their PR status

Sorry but if you are dual citizen and renounce your Canada citizenship you won't be a PR, you will be without status in Canada.
In fact one of the eligibility criteria is to be outside Canada when you apply for renunciation. If you renounce and want to resume your citizenship you will need to go through the PR process again.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/renounce-canadian-citizenship.html
If you renounce your Canadian citizenship, you lose all the rights and privileges of being a Canadian citizen and will have no status in Canada. This means that if you wish to return to Canada permanently, you will have to apply for a permanent resident visa. If you wish to return to Canada temporarily (to visit, work or study), you will have to apply for a temporary resident visa, if applicable.
Eligibility
To be eligible to apply to renounce your Canadian citizenship, you must:

• be a citizen of a country other than Canada or become a citizen of a country other than Canada if your application to renounce is approved
• not live in Canada
• be at least 18 years old
• not be a threat to Canada’s security or part of a pattern of criminal activity
• not be prevented from understanding the significance of renouncing your Canadian citizenship by reason of having a mental disability and
• not be subject to revocation of citizenship proceedings

You can remind PR in Canada only if your citizenship was revoked and you meet certain conditions.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/acquisition-loss/revocation.html

If the person’s citizenship was revoked due to false representation or fraud or knowingly concealing material circumstances during the citizenship process only (e.g., lying about residence in Canada during the relevant period), the person becomes a permanent resident as per subsection 46(2) of the Immigration and Refugee Protection Act (IRPA). Revocation in such situations does not itself jeopardize the right of the person to remain in Canada; however, the person must meet all obligations under the IRPA. For the residency obligation under the IRPA, the five-year period begins on the date the person becomes a permanent resident. If the person’s citizenship was revoked on the grounds they became a permanent resident by false representation or fraud or knowingly concealed material circumstances, the person will revert to foreign national status. If the false representation or fraud or concealing of material circumstances was with respect to a fact described in sections 34, 35 or 37 of the IRPA, the Federal Court, in certain cases, may also declare the person inadmissible and issue a removal order.

The OP question still unanswered and would like to know that too.

 

[sum4141s]

Sorry but if you are dual citizen and renounce your Canada citizenship you won't be a PR, you will be without status in Canada.
In fact one of the eligibility criteria is to be outside Canada when you apply for renunciation. If you renounce and want to resume your citizenship you will need to go through the PR process again.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/renounce-canadian-citizenship.html
If you renounce your Canadian citizenship, you lose all the rights and privileges of being a Canadian citizen and will have no status in Canada. This means that if you wish to return to Canada permanently, you will have to apply for a permanent resident visa. If you wish to return to Canada temporarily (to visit, work or study), you will have to apply for a temporary resident visa, if applicable.
Eligibility
To be eligible to apply to renounce your Canadian citizenship, you must:

• be a citizen of a country other than Canada or become a citizen of a country other than Canada if your application to renounce is approved
• not live in Canada
• be at least 18 years old
• not be a threat to Canada’s security or part of a pattern of criminal activity
• not be prevented from understanding the significance of renouncing your Canadian citizenship by reason of having a mental disability and
• not be subject to revocation of citizenship proceedings

You can remind PR in Canada only if your citizenship was revoked and you meet certain conditions.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/acquisition-loss/revocation.html

If the person’s citizenship was revoked due to false representation or fraud or knowingly concealing material circumstances during the citizenship process only (e.g., lying about residence in Canada during the relevant period), the person becomes a permanent resident as per subsection 46(2) of the Immigration and Refugee Protection Act (IRPA). Revocation in such situations does not itself jeopardize the right of the person to remain in Canada; however, the person must meet all obligations under the IRPA. For the residency obligation under the IRPA, the five-year period begins on the date the person becomes a permanent resident. If the person’s citizenship was revoked on the grounds they became a permanent resident by false representation or fraud or knowingly concealed material circumstances, the person will revert to foreign national status. If the false representation or fraud or concealing of material circumstances was with respect to a fact described in sections 34, 35 or 37 of the IRPA, the Federal Court, in certain cases, may also declare the person inadmissible and issue a removal order.

The OP question still unanswered and would like to know that too.

Hello,

Thanks for the quality answer and pointing out that if a person renounces citizenship, the person loses all the rights and privileges of being a Canadian citizen and is recognized to have no status in Canada. It was also pointed out in the textbook with an example of a British/Canadian newspaper magnate Conrad Black, who renounced his Canadian citizenship to be involved in the U.K politics. After being convicted of fraud in a US Court, he had to enter Canada with a TRV or TRP and regain his citizenship after obtaining a PR.

Perhaps his step highlights the process of resuming citizenship; a person that voluntarily renounces the citizenship applies for a new PR as a TR, then the person’s PR residency requirement for citizenship is reduced to one year?

Thanks.

 

[Das67]

Hello,

Thanks for the quality answer and pointing out that if a person renounces citizenship, the person loses all the rights and privileges of being a Canadian citizen and is recognized to have no status in Canada. It was also pointed out in the textbook with an example of a British/Canadian newspaper magnate Conrad Black, who renounced his Canadian citizenship to be involved in the U.K politics. After being convicted of fraud in a US Court, he had to enter Canada with a TRV or TRP and regain his citizenship after obtaining a PR.

Perhaps his step highlights the process of resuming citizenship; a person that voluntarily renounces the citizenship applies for a new PR as a TR, then the person’s PR residency requirement for citizenship is reduced to one year?

Thanks.

You can only resume your Canada citizenship if you renounced it before and it hasn't been revoked. The process will be... you renounce... then apply for PR again ....then apply for resumption of citizenship. Yes, in this case the physical presence condition is different than applying for grant of citizenship.
You must be physically present in Canada as a permanent resident for at least 365 days during the two (2) years immediately before you apply;
Source:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0301-application-resume-canadian-citizenship-under-subsection-11-1.html

Note: You are not eligible to resume Canadian citizenship under either subsection 11(1) if:

you lost British subject status prior to January 1, 1947 (or prior to April 1, 1949 in the case of a person born or naturalized in Newfoundland and Labrador) because you made a declaration of alienage, had your British subject status revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject;
or
you had your Canadian citizenship revoked.
In such cases, you must apply for Canadian citizenship using the Application for Canadian citizenship - Adults (CIT 0002), where you can obtain the instruction guide and forms.

 

[Naheulbeuck]

Hello,

I would see also the case of someone renouncing their citizenship (to acquire another one for example) but whose spouse remains a citizen, they can later sponsor their spouse and resume Canadian citizenship if circumstances change and they want. Would be a pretty easy way to resume it.