Canadian Citizenship Applications and revocation proceedings

Canadian citizenship is an important milestone that provides individuals with the full rights and protections of Canadian citizenship, including the right to vote, obtain a Canadian passport, and participate fully in Canadian civic life.

Gerami Law PC assists clients with citizenship applications, citizenship eligibility assessments, complex residence and physical presence issues, citizenship by descent matters, proof of citizenship applications, citizenship refusals, citizenship revocation matters, and related immigration and citizenship litigation.

Applying for Canadian Citizenship

To become a Canadian citizen through naturalization, a permanent resident must generally meet several requirements, including:

  • maintaining permanent resident status;
  • meeting physical presence requirements;
  • filing taxes where required;
  • demonstrating language ability where applicable; and
  • passing the citizenship test where required.

The Government of Canada explains that most applicants must demonstrate at least 1,095 days of physical presence in Canada within the required eligibility period before applying for citizenship.

IRCC Citizenship Eligibility Requirements

Citizenship applications can become complex where there are:

  • prolonged absences from Canada;
  • concerns regarding physical presence calculations;
  • prior immigration issues;
  • criminality concerns;
  • residency discrepancies;
  • identity concerns; or
  • requests for additional documentation by IRCC.

Physical Presence and Residency Issues

One of the most important aspects of a citizenship application is demonstrating sufficient physical presence in Canada.

Citizenship officers may review:

  • travel history;
  • tax filings;
  • employment records;
  • CBSA travel records;
  • residential history;
  • school records; and
  • supporting documentation showing establishment in Canada.

In some cases, applicants may receive requests for additional information or residency-related concerns requiring detailed legal and factual responses.

Citizenship by Descent and Proof of Citizenship

Some individuals may already be Canadian citizens by descent through a Canadian parent or, in some cases, through recent legislative amendments affecting descendants of Canadian citizens born abroad.

These matters may involve:

  • proof of citizenship applications;
  • assessment of eligibility under current citizenship legislation;
  • historical citizenship issues;
  • documentation of family lineage; and
  • interpretation of amendments to the Citizenship Act.

Determining citizenship by descent can be legally complex, particularly where there are multiple generations born outside Canada or historical changes in citizenship law.

New Citizenship by Descent Rules (Bill C-3)

Canada’s citizenship laws changed significantly on December 15, 2025, when Bill C-3, An Act to amend the Citizenship Act (2025), came into force. The new legislation expanded access to Canadian citizenship by descent and addressed many situations affecting individuals commonly referred to as “Lost Canadians.”

IRCC – Changes to Citizenship by Descent Rules (Bill C-3)

Prior to these changes, Canadian citizenship by descent was generally limited to the first generation born outside Canada. Bill C-3 removed or modified many of those restrictions and created new pathways for individuals born abroad to claim Canadian citizenship through their Canadian parent, grandparent, or earlier generations in certain circumstances.

The amendments may affect:

  • individuals born outside Canada to Canadian parents or grandparents;
  • descendants of “Lost Canadians”;
  • individuals previously excluded by the first-generation limit;
  • adopted persons born abroad; and
  • families with complex multigenerational citizenship histories.

For individuals born abroad before December 15, 2025, the legislation may retroactively recognize citizenship in circumstances where citizenship was previously denied because of the first-generation limit.

For children born abroad after December 15, 2025, the law introduced a “substantial connection to Canada” requirement in some second-generation cases. In many situations, the Canadian parent must demonstrate at least 1,095 days of physical presence in Canada before the child’s birth or adoption in order to pass on citizenship automatically.

Citizenship by descent matters can involve complex legal and evidentiary questions, particularly where:

  • multiple generations were born abroad;
  • parents or grandparents never formally applied for proof of citizenship;
  • historical citizenship laws changed over time;
  • records are missing or originate from multiple countries; or
  • adoption and family lineage issues are involved.

Citizenship Refusals and Delays

Citizenship applications may sometimes be delayed or refused because of:

  • residency concerns;
  • incomplete documentation;
  • discrepancies in travel history;
  • criminality or prohibitions;
  • identity concerns; or
  • questions regarding eligibility.

In some situations, it may be possible to respond to procedural concerns, provide additional documentation, seek reconsideration, or challenge a refusal through litigation before the Federal Court.

Citizenship Revocation, Fraud, and Misrepresentation Issues

Canadian citizenship may be investigated or challenged where immigration authorities allege that citizenship or permanent residence status was obtained through fraud, false information, concealment of material facts, or misrepresentation.

These matters can have extremely serious consequences, including:

  • loss of Canadian citizenship;
  • loss of permanent resident status;
  • inadmissibility findings;
  • removal proceedings;
  • allegations of immigration fraud; and
  • restrictions on future immigration applications.

Citizenship revocation matters are often legally and procedurally complex and may involve events, documents, or immigration applications dating back many years.

Grounds for Citizenship Revocation

The Government of Canada states that citizenship may be revoked where a person obtained, retained, renounced, or resumed citizenship by:

  • false representation;
  • fraud; or
  • knowingly concealing material circumstances.

IRCC – Citizenship Revocation Process

Allegations may relate to:

  • inaccurate information in immigration or citizenship applications;
  • undisclosed family members;
  • residency or physical presence concerns;
  • identity-related issues;
  • fraudulent documents;
  • marriage or relationship allegations;
  • prior refugee or immigration history;
  • criminal history; or
  • allegations involving representatives or third parties.

In some situations, the alleged issue may relate not to the citizenship application itself, but to earlier permanent residence or immigration applications that formed the basis for obtaining citizenship.

Procedural Fairness and Responses

Individuals facing citizenship revocation concerns are generally entitled to procedural fairness, including notice of the allegations and an opportunity to respond.

Responding properly to a procedural fairness letter or notice of intent to revoke citizenship is critically important. These cases often require:

  • detailed factual explanations;
  • review of historical immigration records;
  • legal submissions;
  • supporting documentary evidence; and
  • strategic assessment of the allegations and procedural history.

Some cases involve allegations arising from events that occurred many years earlier, requiring careful reconstruction of immigration timelines, travel history, family relationships, or prior applications.

Innocent Errors and Third-Party Issues

Not every inconsistency or omission amounts to intentional fraud.

In some cases, issues may arise because of:

  • translation problems;
  • misunderstandings;
  • innocent mistakes;
  • errors made by representatives or consultants;
  • incomplete historical records; or
  • information provided by family members or third parties.

Careful legal analysis is often necessary to distinguish between innocent errors and allegations of knowing misrepresentation.

Citizenship Litigation and Federal Court Proceedings

Citizenship revocation and misrepresentation matters may lead to litigation before the Federal Court.

These proceedings can involve:

  • judicial review applications;
  • procedural fairness challenges;
  • disputes regarding the interpretation of citizenship legislation;
  • evidentiary issues;
  • credibility concerns; and
  • challenges relating to administrative decision-making.

Because citizenship revocation cases can affect both citizenship and underlying immigration status, strategic consideration of parallel immigration consequences is often essential.

Citizenship Ceremonies and Oath Requirements

Most successful applicants must attend a citizenship ceremony and take the oath of citizenship before becoming Canadian citizens.

IRCC may schedule ceremonies virtually or in person depending on the circumstances and current procedures.

How We Can Help

Gerami Law PC assists clients with:

  • citizenship eligibility assessments;
  • citizenship applications;
  • proof of citizenship applications;
  • citizenship by descent matters;
  • “Lost Canadian” and Bill C-3 cases;
  • responses to residency or procedural concerns;
  • citizenship refusals and reconsideration requests;
  • citizenship revocation matters;
  • responses to procedural fairness letters involving allegations of fraud or misrepresentation;
  • Federal Court litigation involving citizenship matters;
  • complex physical presence and travel-history issues; and
  • strategic advice regarding citizenship and immigration status.

Citizenship matters can involve complex legal and evidentiary issues, particularly where there are concerns regarding residency, historical citizenship laws, prior immigration history, or allegations of misrepresentation. Early legal advice can help identify potential concerns, clarify eligibility, protect procedural rights, and strengthen the application or response process.

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