Citizenship Revocation
What is Citizenship Revocation?
There are situations where the Citizenship and Immigration Canada (CIC) can begin proceedings to revoke a person’s Canadian citizenship.
What reasons would cause someone to face citizenship revocation?
A person will face citizenship revocation if the Canadian Government feels that you have wrongfully obtained your citizenship through:
- False representation
- Fraud
- Knowingly concealing material circumstances
Or if someone with dual citizenship has been charged with, or involved in the following activities
- Convicted of terrorism, high treason and/or spying offences
- Engaged with an armed force or group that was in armed conflict with Canada
What is my citizenship status while revocation proceedings are underway?
A person maintains their canadian citizenship and all the privileges that come with it while revocation proceedings are underway.
What can I do if I’m in the process of getting my Canadian Citizenship Revoked?
After you receive a written Notice of Intent to Revoke Citizenship from the CIC, you have 30 days to request the Federal Court for a review.
Once the Federal Court process begins, the CIC will file a Statement of Claim, detailing their case for why you should lose your citizenship.
You must respond to this Statement of Claim with a Statement of Defense.
Ensuring you address all the concerns outlined in the Statement of Claim from the CIC and following all the necessary legal procedures is key in maximizing your chances to stay in Canada
If the Federal Court sides in your favor and finds that the CIC has not proven the allegations in their Statement of Claim, you maintain your citizenship.
However if the Federal Court sides with the CIC, the Minister may submit a report to the Governor in Council and recommend your citizenship be revoked.
The text of this report will also be shared with you, at which point you can respond with written submissions. Your written submissions will be attached to the final report submitted to the Governor in Council for another decision.
Even if the Governor in Council recommends for your citizenship to be revoked, you still have the right to have a Federal Court judicial review of the Governor in council’s recommendation for revocation.
Why it’s important to have legal help when facing Citizenship Revocation
Citizenship Revocation cases require applicants to provide evidence and thoroughly demonstrate that your case against the CIC allegations.
Because the appeal process is complex and lengthy, small mistakes can result in the difference between keeping and losing your citizenship.
SAMLAW specializes in complex immigration cases and appeals to maximize your chances for maintaining your citizenship when facing Citizenship Revocation.
Contact us if you would like to discuss your case and understand the different options available to you.