ARCHIVED – Operational Bulletins 020 - March 28, 2006

Amendment to Section 11 of the Citizenship Act

This Operational Bulletin has expired.

Background

On May 5, 2005 Bill S-2 received Royal Assent and immediately came into force. Bill S-2 results in the addition of subsection 11 (1.1) to the resumption criteria in the Citizenship Act as follows:

The requirement set out in paragraph 1(d) does not apply to a person who ceased to be a citizen, before February 15, 1977, because a parent of that person ceased to be a citizen as a result of

(a) acquiring the nationality or citizenship of a country other than Canada; or
(b) renouncing his or her Canadian citizenship.

As a result of this Bill, individuals who lost Canadian citizenship as minors between January 1, 1947 and February 14, 1977 when their Canadian responsible parent took up citizenship in another country or renounced their Canadian citizenship will no longer need to become permanent residents or reside in Canada in order to be eligible to resume citizenship.

The approval and grant process is the same as that for applications under subsection 11(1) and the applicant must take the oath in order to resume citizenship.

Who can apply to resume their Canadian citizenship under the new subsection 11 (1.1)

To qualify to resume Canadian citizenship using subsection 11 (1.1), an applicant must:

• have been a Canadian citizen;
• have lost Canadian citizenship under the 1947 Canadian Citizenship Act when their Canadian responsible parent became a citizen of another country or renounced Canadian citizenship (i.e., between January 1, 1947 and February 14, 1977 and when the applicant was under the age of 21);
• not be subject to any prohibition under the Citizenship Act; and
• not be under a removal order.

Residence requirements do not apply to applicants applying under subsection 11 (1.1). The applicant is not required to be a permanent resident or reside in Canada for one year immediately preceding the date of application.

Applicants will use the “Application to Resume Canadian Citizenship Under Subsection 11(1) and for Persons Who Lost Citizenship as Minors, Under Subsection 11 (1.1).” An appendix is included to provide information for applicants who ceased to be citizens when they were minors.

Required documentation

The documentation required for resumption applications under subsection 11 (1.1) differs from resumption applications under subsection 11 (1). Required documents for subsection 11 (1.1) are:

• two signed photos;
• a birth certificate or other evidence that establishes the date and place of birth of the applicant;
• proof that applicant was once a Canadian citizen;
• at least two (2) pieces of personal identification (such as a driver’s license, a health insurance card or passport), one of which must contain the applicant’s photo. If a photo I.D. is not provided, the applicant must provide an explanation;
• proof that the applicant’s responsible parent ceased to be a Canadian citizen while the applicant was a minor between January 1, 1947 and February 14, 1977 (e.g., a foreign naturalization certificate for the parent);
• proof that applicant acquired citizenship of another country at the same time as the responsible parent, or was already a citizen of another country when the responsible parent ceased to be a Canadian citizen.

An applicant under subsection 11 (1.1) may have a Record of Landing (IMM1000) or Permanent Resident Card (PRC). If the applicant has a Record of Landing (IMM1000), CIC officials (or a foreign service officer) must stamp the document at the time the person takes the oath, as per procedures in OM CP 03-05. If the applicant has a Permanent Resident Card, the applicant must surrender the document at the time they take the oath of citizenship as per OM CP 03-01.

Children of applicant

Resumption of citizenship is not retroactive and citizenship is effective on the date on which the oath is administered. Only children born after the date of resumption automatically acquire Canadian citizenship at birth. Any children born outside Canada before the person resumes citizenship do not automatically become citizens. People who resume citizenship may apply to sponsor their dependent children as permanent residents. A parent may apply for citizenship on behalf of a minor child after the child becomes a permanent resident in Canada.

Operational guidelines

The same processing fees ($100) apply to applications under subsections 11(1) and 11 (1.1). Applicants in Canada may make their payment at a financial institution in Canada or through the internet. Applicants residing outside Canada may also make their payment through the internet; however, some credit cards issued outside Canada may not be compatible with the Internet payment system. In this case, or in the case where the applicant does not wish to make payment through the Internet, the applicant must make their payment at the Canadian embassy, high commission or consulate responsible for the area in which they live.

Applicants residing in Canada should mail their application to the Case Processing Centre in Sydney, Nova Scotia. Applicants residing outside Canada should submit their application to the Canadian embassy, high commission or consulate responsible for the area in which they live.

Processing times for resumption applications are approximately the same as for other grants unless a request and justification are received and approved for urgent processing. Criteria for urgent processing can be found in CP 13.

CPC Sydney will ensure all required documents are on file, review the information on file to assess that the applicant was once a citizen and ceased to be a citizen, prepare the citizenship certificate, and initiate clearances. For applicants residing in Canada, CPC Sydney will forward the file along with the decision form (CIT 0056B) to the local citizenship office. The local office will follow up on any clearance issues and refer the application to a citizenship judge for decision. For applicants residing outside Canada, CPC Sydney will follow up on any clearance issues and refer the file with the decision form (CIT 0056B) to the Senior Judge for decision.

All applicants under 11 (1.1) are required to undergo immigration, criminal and security clearances. Although 11 (1.1) applicants are not required to be permanent residents, immigration checks are necessary to ensure 11 (1.1) applicants are not under a removal order. Immigration checks are also useful for identifying information about criminality. In order to streamline the immigration clearance process for 11 (1.1) applicants, CPC Sydney will create a case note in GCMS indicating that the application is under 11 (1.1). This will allow the Query Response Centre (QRC) to clear the immigration clearance if no record of the applicant is found in immigration records. If a record does exist, regular referral criteria procedures apply. Where QRC places the case under investigation status, the local office or CPC Sydney will finalize the immigration clearance.

If the RCMP requires fingerprints to determine whether or not the applicant has a criminal record (criminal clearances are returned as “fingerprints required”), the local office or CPC Sydney will send a letter to the applicant requesting that the applicant provide fingerprints. Applicants applying under 11 (1.1) and residing outside Canada may provide fingerprints from police agencies outside Canada, provided that the completed fingerprint form contains rolled and flat impressions of all ten fingers taken with black ink; full name, date of birth and sex of the applicant; the name and address of the police agency; and the signature of the official taking the fingerprints. The requirements for fingerprints taken outside Canada are specified by the RCMP on their website at http://www.rcmp-grc.gc.ca/cr-cj/fing-empr2-eng.htm#a1. Fingerprints forms that are not in English or French must be accompanied by a translation along with an affidavit from the person who completed the translation (translation cannot be completed by the applicant or a family member). See CP 12 section 2 “Translation of Foreign Documents” for more information on acceptable translations.

Applicants applying under 11 (1.1) are subject to all eligibility criteria found in subsection 11(1). Subsection 11 (1.1) exempts applicants who ceased to be citizens as minors from the residence requirements provided in paragraph (11)(1)(d). Where it appears an applicant does not meet the requirements to resume citizenship, a memo should be placed on file to the citizenship judge or Senior Judge indicating how the person acquired citizenship, how the person ceased to be a citizen, whether or not the person is eligible for the 11 (1.1) exemption, and what requirements the applicant appears not to meet. Where applicable, relevant legislative provisions and dates citizenship was acquired and lost should be indicated.

Applicants who meet the requirements to resume citizenship and are granted citizenship must take the oath of citizenship. Applicants residing in Canada will be scheduled to attend a citizenship ceremony.

For applicants residing outside Canada, CPC Sydney will send the citizenship certificate to the Canadian embassy, high commission or consulate responsible for the area in which the applicant lives. A foreign service officer (consular) will administer the oath of citizenship, date-stamp the commemorative certificate, notify CPC Sydney of the date the person took the oath and return the signed oath form (signed by both the applicant and the foreign service officer) to CPC Sydney. For more information, consult the “Guide for taking the oath outside the normal citizenship ceremony” in CP 15, Appendix D. Requests from applicants residing outside Canada to take the oath in Canada will be assessed on a case-by-case basis.