Canadian citizenship is protected through a robust processing and policy framework to ensure that only those who meet the legislative requirements of the Citizenship Act become Canadian citizens, including the requirement to be free of prohibitions.
Clients applying for Canadian Citizenship must demonstrate that they meet legislative requirements such as, but not limited to: be a permanent resident, have lived in Canada for at least three out of the last five years (1,095 days), have filed their taxes (if they need to), pass a citizenship test, prove their language skills in English or French, and take the Oath of citizenship.
In addition, applicants must not be subject to the prohibitions contained in the Citizenship Act. Applicants 16 years of age and older undergo and must pass criminality (Royal Canadian Mounted Police) and security (Canadian Security Intelligence Service) screening. Key program partners conduct this screening to provide Immigration, Refugees and Citizenship (IRCC) with information and advice in support of determining whether a person is prohibited.
Applicants may be prohibited from being granted citizenship or taking the oath of citizenship for a number of reasons, including national security concerns, criminality, misrepresentation and actions against Canada’s interest.
Applicants must continue to meet all the requirements for the grant of citizenship, including maintaining valid clearances, until the taking of the Oath is completed.
Supplementary Information
If pressed on citizenship processing
Citizenship officers are required to complete and pass rigorous training before being delegated to process and render decisions pursuant to the Citizenship Act and its regulations.
If pressed on how and when prohibitions are assessed by the decision maker in application processing
Responsibility for the assessment of prohibitions is divided amongst three groups: Case Management Branch (CMB) assesses prohibitions related to national security, organized crime, crimes against humanity and war crimes; the Foreign Criminality Unit assesses prohibitions related to criminality outside of Canada; and IRCC’s Domestic Network assesses all other prohibitions (criminality, misrepresentation, etc.).
When derogatory information is uncovered on a citizenship applicant with a nexus to national security, organized crime, crimes against humanity and war crimes, that application is referred to CMB for review.
Any application in which criminality is suspected must only be assessed and decided upon by a Level-2 delegated decision maker (a PM-03) who has received training and passed a delegation exam related to how to assess, process and/or refer cases with suspected criminality. Level-2 delegated decision makers are equipped to perform additional assessments and to use enhanced analysis techniques for cases determined to require additional scrutiny.
If pressed on the process to find an applicant prohibited for national security or organized criminality
The Citizenship Act sets out a specific process that must be followed in order to prohibit an individual from obtaining citizenship if there are reasonable grounds to believe that the applicant has engaged, is engaging or may engage in activity that constitutes a threat to the security of Canada; or that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert.
This prohibition is triggered by a unique process in which the Minister sends a Report to the National Security and Intelligence Review Agency (NSIRA), which then investigates and sends a Report to the Governor in Council (GIC) who may then make a declaration which prohibits the applicant from being granted citizenship.
If pressed on the past use of the process to obtain a GIC declaration (prohibition regarding a threat to the security of Canada and organized criminality)
This prohibition and process has never been tested in its entirety, however this prohibition was last initiated in the mid-1990s. That case was concluded when the applicant eventually withdrew the citizenship application prior to the process being completed.
Notwithstanding the fact that IRCC has not applied this prohibition and process in its entirety, the Department has conducted work under its authority to conduct investigations into national security and organized crime prohibitions, in addition to refusing applications under other prohibitions when applicable (e.g. applicants under removal order, criminality, foreign criminality, misrepresentation and physical presence).
If pressed on revocation of citizenship
To revoke citizenship, the Minister of IRCC may seek a declaration from the Federal Court that the person obtained citizenship by false representation or fraud or knowingly concealing material circumstances. If the person requests that their case be decided by the Minister of IRCC rather than the Federal Court, the Minister may revoke citizenship on the same basis.
The ability to revoke a person’s citizenship on the basis of misrepresentation has been part of citizenship legislation since the Canadian Citizenship Act entered into force in 1947. It is an important tool for maintaining the integrity of Canadian citizenship.
Any person whose citizenship is revoked is prohibited from being granted Canadian citizenship for ten years from the date of the revocation of their citizenship. At the end of the ten year period, a person who wishes to reapply for citizenship must demonstrate that they meet all of the requirements of the Citizenship Act, such as, but not limited to: be a permanent resident, have lived in Canada for at least three out of the last five years (1,095), have filed their taxes (if they need to), pass a citizenship test, prove their language skills in English or French, and take the Oath of citizenship.
If the person’s citizenship was revoked due to false representation, fraud or knowingly concealing material circumstances that occurred during the citizenship process only (for instance, misrepresenting their residence or physical presence in Canada during the relevant period for citizenship), the person becomes a permanent resident.
Citizenship revocation in such situations does not remove the right of the person to remain in Canada. However, following revocation, the person must meet all of the obligations of permanent resident status under Immigration and Refugee Protection Act (IRPA). For the purposes of fulfilling the residency obligation under IRPA, the five-year period begins on the date the person becomes a permanent resident (that is, the date the person’s Canadian citizenship is revoked).
If the person’s citizenship was revoked on the grounds they became a permanent resident by false representation, fraud or knowingly concealing material circumstances and, because of having acquired that status, they subsequently obtained or resumed citizenship, the person becomes a foreign national.
If pressed on the Self-Administration of the Oath
The Department continues to explore regulatory amendments that would allow the use of an online tool that could enable the self-administration of the Oath of citizenship in some circumstances.
IRCC recognizes the considerations raised during the public consultation and extensive analysis is underway to assess various options for implementation.
IRCC continues to assess measures related to the integrity of the process and identification validation. All existing prohibitions and the completion of the Oath would continue to be required.