Loss of Canadian Citizenship

Situations could arise where people could have lost their British subject or Canadian citizenship status in the past without their knowledge. As a result, these individuals who might have lost British subject or Canadian citizenship status at some point in their lives could be in Canada without Canadian citizenship status. In some cases, they might be unaware of this too.

The authorities have restored or conferred Canadian citizenship to many individuals who has lose their British subject or Canadian citizenship status under former legislation. The 2009 or the 2015 legislative amendments to theCitizenship Act have made this possible.

It is worth mentioning that this section deals with:

• The non-acquisition and loss of British subject status under the 1868 and 1915 Naturalisation Acts
• The non-acquisition and loss of Canadian citizenship under the 1947 Canadian Citizenship Act
• The loss of Canadian citizenship under the 1977 Citizenship Act
• The acquisition and restoration of Canadian citizenship under the 2009 legislative amendments i.e. an Act to amend the Citizenship Act (Bill C-37)
• The acquisition of Canadian citizenship under the 2015 legislative amendments i.e. the Strengthening Canadian Citizenship Act (Bill C-24)
• How to assess the loss of British subject or Canadian citizenship status
• The loss of British subject status before 1947 for certain women and,
• Resuming Canadian citizenship for women who lost British subject status upon or during marriage
• The non-acquisition and loss of British subject status under the 1868 Naturalisation Act and the 1915Naturalisation Act
  • The Canadian Citizenship Act came into force on January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador)
  • Therefore, to acquire Canadian citizenship, people need to be British subjects on that date
  • The authorities specified the definition of a British subject in the Naturalisation Act (Local Act) and theNaturalisation Act (Imperial Act) that came into effect on May 22, 1868 and January 01, 1915 respectively
  • The Local Act and the Imperial Act contained several provisions that highlighted how people could automatically lose their British subject status
  • For instance, a woman could her British subject status through naturalisation outside Canada:
    • Upon or during marriage or,
    • As a minor when her parents lost their British subject status
  • Based on the provisions of these Acts, people who had not acquired or lost their British subject status under either the Local Act or the Imperial Act would therefore, not acquire Canadian citizenship on January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador)
• The non-acquisition and loss of Canadian citizenship
  • Under the 1947 Act
    • The authorities enacted the first Canadian Citizenship Act on January 01, 1947
    • For the authorities to consider people as Canadian citizens on that date, people born before that date needed to be British subjects
    • For instance, people born or naturalised in Canada who had lost their British subject status did not acquire Canadian citizenship on January 01, 1947
    • Prior to January 01, 1947, British fathers, born or naturalised in Canada, would only pass on their British subject status to their children born abroad, if the children were born in wedlock
    • As such, if the children were born out of wedlock in a non-Commonwealth country, the children would not acquire British subject status from their British fathers and therefore, would not become citizens on January 01, 1947
    • Similarly, British mothers could not pass on their British subject status to the children born abroad
    • In addition, people who did not meet the five years of residence requirement would not become Canadian citizens on January 01, 1947
    • The Canadian Citizenship Act was in force from January 01, 1947 to February 14, 1977
    • It contained several provisions concerning the automatic loss of Canadian citizenship
    • For instance, the loss of citizenship could typically occur by means of:
      • Naturalisation outside Canada
      • Naturalisation of parents outside Canada
      • Lengthy absences from Canada
      • Making declarations renouncing Canadian citizenship or,
      • Failing to apply for retaining Canadian citizenship
  • Under the 1977 Act
    • From February 15, 1977 to April 16, 2009, the Citizenship Act contained a specific provision i.e. section 8
    • This provision resulted in the automatic loss of Canadian citizenship by people if they did not take certain steps for retaining their citizenship by their 28^th birthdays
    • Section 8 required Canadian citizens born outside Canada on or after February 15, 1977, to take certain measures for retaining their Canadian citizenship before attaining the age of 28 years if they had acquired Canadian citizenship because they were born to Canadian parents who were also born outside Canada to Canadian parents (which the authorities have described in the provisions specified in paragraph 3 (1) (b) or 3 (1) (e))
    • Failure to retain Canadian citizenship resulted in the loss of Canadian citizenship on their 28^th birthdays
    • The authorities repealed this provision in the legislative amendments to the Citizenship Act that came into effect in 2009
    • As such, people who turned 28 on or after April 17, 2009 remained Canadian citizens and did not need to take any steps for retaining their citizenship
    • However, the amendment did not restore citizenship to people who had already lost their Canadian citizenship under section 8 prior to the authorities repealing it
    • If these individuals wish to reacquire citizenship, they would need to:
      • Obtain permanent resident status and,
      • Apply to resume citizenship under the provisions specified in subsection 11 (1) of the Citizenship Actsubsequently
    • Officers would need to go through the citizenship rules for more information on the legislative amendments of 2009
• The acquisition and restoration of Canadian citizenship under the 2009 legislative amendments i.e. Bill C-37
  • On April 17, 2009, the authorities introduced An Act to Amend the Citizenship Act i.e. Bill C-37 for amending the 1977 Citizenship Act
  • This amendment served to:
    • Restore Canadian citizenship to many people who lost their citizenship under the 1947 Canadian Citizenship Act and,
    • Give Canadian citizenship to many people born to Canadian parents outside Canada in the first generation
  • As such, people who became Canadian citizens under Bill C-37 are:
    • People born or naturalised in Canada on or after January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador), who lost their Canadian citizenship subsequently and were born in the first generation and,
    • People born outside Canada to Canadian parents on or after January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador) who lost or never had citizenship based on former citizenship provisions and were born in the first generation
  • People born before January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador), who did not become Canadian citizens on January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador) because of losing their British subject status did not acquire Canadian citizenship under the 2009 legislative amendments and neither did their children
  • For obtaining more details on the 2009 legislative amendments, the first generation limit to citizenship by descent and the exceptions to this limit, officers would need to refer to the following pages on the website of Citizenship and Immigration Canada (CIC):
    • The citizenship rules and,
    • The section on the acquisition of citizenship
• The acquisition of Canadian citizenship under the 2015 legislative amendments i.e. Bill C-24
  • On June 11, 2015, the Strengthening Canadian Citizenship Act i.e. Bill C-24 came into effect
  • This amended the 1977 Citizenship Act and served to provide Canadian citizenship for the first time to:
    • People born or naturalised in Canada prior to January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador) ceased to be British subjects prior to those dates and did not become citizens on January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador)
    • People who were British subjects who were neither born nor naturalised in Canada and Newfoundland and Labrador and were ordinarily resident in Canada on January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador) and did not become citizens on January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador)
    • People born outside Canada and Newfoundland and Labrador prior to January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador) to parents who became citizens on June 11, 2015, retroactively to January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador) and the persons did not become citizens on January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador)
    • People born outside Canada and Newfoundland and Labrador prior to January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador) to parents who became citizens on January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador) and the person did not become a citizen on January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador)
  • For obtaining more details on the 2015 legislative amendments, the first generation limit to citizenship by descent and the exceptions to this limit, officers would need to refer to the following pages on the website of Citizenship and Immigration Canada (CIC):
    • The citizenship rules and,
    • The section on the acquisition of citizenship
• How to assess the loss of British subject or Canadian citizenship status
  • Review all proof applications for loss
    • Officers would need to review all applications for citizenship certificates i.e. proof of citizenship for ensuring that each person applying for certificates is a Canadian citizen
    • The 2009 and 2015 legislative amendments to the 1977 Citizenship Act restored Canadian citizenship to many people who previously lost it and gave Canadian citizenship to people who were never Canadian citizens (including people who lost their British subject status)
    • Despite this, the officers would still need to confirm the previous loss of British subject or Canadian citizenship status for determining if the status of those individuals was restored or acquired effectively
    • In addition, they would need to determine the section of the Act that specifies that the individuals are citizens
  • Onus on the applicant
    • Situations could arise where officers require information from other countries about a person’s foreign citizenship or status in that country
    • Only then would Citizenship and Immigration Canada (CIC) officials be able to determine Canadian citizenship status under the provisions specified in the Citizenship Act
    • In these cases, the applicant bears the responsibility for obtaining this information from the authorities of the foreign country
  • The loss of Canadian citizenship as a minor
    • Some individuals might not be aware of the actions their parents took when the individuals were minors
    • This is especially so in cases where the actions of their parents would have affected the individual’s Canadian citizenship
    • For instance, a person’s parent could have acquired another nationality in the past, thereby resulting in the loss of Canadian citizenship for that person as a minor child under former legislation
    • Officers can accept statements from the parent whose status the officers are questioning, if the parent can provide a statement concerning their non-acquisition of another nationality
    • In some cases, the officers might doubt the veracity of these statements
    • In this scenario, the officers could ask the parent to provide a letter from the appropriate authorities
    • For instance, a permanent resident card for the United States (US) does not always constitute acceptable evidence that the person did not naturalise as a US citizen
    • In some cases, the officers might find that both parents of an applicant are naturalised citizens of the US
    • In this situation, the officers would need to note the date on which the parents acquired US citizenship and the manner in which the applicant originally acquired US citizenship
    • Under US law, if both parents naturalise simultaneously, their minor children would automatically become US citizens
    • Applicants would need to confirm with American authorities i.e. US Citizenship and Immigration Services, that their parents’ naturalisation did not entitle their children to US citizenship
    • It is worth mentioning that the children might not have any proof that they are US citizens because the authorities do not issue certificates of proof of citizenship automatically
    • As such, they might have letters from the United States authorities that confirm that they are permanent residents of the US, when they might well be US citizens
    • It is worth highlighting that the 2009 legislative amendments to the 1977 Citizenship Act restored Canadian citizenship to people who lost Canadian citizenship as minors only if they were born in Canada, naturalised in Canada or born outside Canada in the first generation to Canadian parents
    • The legislative amendments did not restore Canadian citizenship to people born outside Canada in the second and subsequent generations who lost Canadian citizenship as minors unless one of the exceptions to the first generation limit to citizenship by descent applied
  • Loss of British subject status as a minor
    •  Some individuals might not be aware of the actions their parents took when the individuals were minors
    • This is especially so in cases where the actions of their parents would have affected the individual’s British subject status
    • For instance, a person’s parent could have acquired another nationality in the past, thereby resulting in the loss of British subject status for that person as a minor child under former legislation
    • Officers can accept statements from the parent whose status the officers are questioning, if the parent can provide a statement concerning their non-acquisition of another nationality
    • In some cases, the officers might doubt the veracity of these statements
    • In this scenario, the officers could ask the parent to provide a letter from the appropriate authorities
    • The 2015 legislative amendments to the 1977 Citizenship Act gave Canadian citizenship to people who lost their British subject status as minors prior to January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador) if:
      • They were born or naturalised in Canada or,
      • They were born outside Canada in the first generation to any parent who was born, naturalised or a British subject ordinarily resident in Canada on January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador)
    • For obtaining more details on the 2015 legislative amendments, the first generation limit to citizenship by descent and the exceptions to this limit, officers would need to refer to the following pages on the website of Citizenship and Immigration Canada (CIC):
      • The citizenship rules and,
      • The section on the acquisition of citizenship
  • Foreign citizenship acquired through involuntary or voluntary action
    • Some applicants could claim that they acquired foreign nationalities without taking any action
    • This would typically happen in cases of:
      • Derivation claims or,
      • Acquiring another nationality automatically by marriage
    • When they come across such applicants who claim that they have acquired citizenship of another country, officers would need to ask these applicants to provide a document or letter confirming the section of the law under which they obtained their nationalities
  • Acceptable evidence of foreign citizenship
    • Applicants would need to submit letters from foreign authorities or certificates of naturalisation that indicate when and how they acquired foreign citizenship
    • In case the officers find that the applicants have acquired foreign nationalities, they would need to consult the relevant documents for ascertaining this
    • The use of a passport is not acceptable because a passport does not show when or how the individual acquired foreign citizenship
• When a decision has been made
  • When the authorities determine a loss
    • Officers have the ability to render the decision of refusing to issue citizenship certificates i.e. proof of citizenship to applicants on the basis that the applicants are not citizens
    • Prior to this however, the officers would need to ensure that all documentary evidence and facts are complete
    • In the event that citizenship officers require further information or documents, the officers would need to contact the client
    • In some cases, the citizenship officers might determine that the clients were British subjects or Canadian citizens who had lost that status and hence, were not rendered Canadian citizens based on the provisions specified in the 2009 and 2015 legislative amendments
    • In this scenario, the officers would need to send refusal letters to the clients
    • These letters would serve to:
      • Confirm the manner in which the applicants acquired Canadian citizenship originally
      • Outline how the loss of Canadian citizenship occurred and,
      • Explain the requirements prescribed for resuming or obtaining Canadian citizenship
    • In some cases, the citizenship officers might determine that the clients were never citizens and hence, did not become citizens based on the provisions specified in the 2009 and 2015 legislative amendments
    • In this scenario, the officers would need to send refusal letters to the clients
    • These letters would serve to:
      • State that the applicants were never Canadian citizens and,
      • Explain the requirements prescribed for resuming or obtaining Canadian citizenship
    • Similarly, situations could arise where applicants submit citizenship applications and the officers determine that the person (or their parents) are not entitled to citizenship certificates
    • In this scenario, the Case Processing Centre in Sydney would need to refer the file to the Case Management Branch
    • The Case Management Branch would need to send the applicant or parent a procedural fairness letter advising them of Citizenship and Immigration Canada’s (CIC’s) intention to recall their citizenship certificates
    • In some cases, the authorities might receive the relevant submissions from the applicant
    • In this scenario, the authorities would need to take the latest submissions into consideration in the Registrar’s final decision on:
      • Whether the person concerned is entitled to a citizenship certificate and,
      • Whether it is necessary to recall and cancel the certificate
    • Thereafter, the applicant would receive a final decision that advises them of whether the authorities plan to recall and cancel their certificate
    • The Case Management Branch would need to finalise the file
      • This typically includes advising the client of the result of the application, if needed
    • For more information on this, officers would need to view the section titled ‘Recall and cancellation of citizenship certificates’ given on the website of Citizenship and Immigration Canada (CIC)
  • Inform the Passport Program
    • In some cases, the applicants might be determined not to be citizens, but the authorities might have issued them with citizenship certificates in the past
    • In this scenario, the officers would need to copy the Passport Program on the decision refusing the issuance of citizenship certificates on the basis that the person concerned is not a Canadian citizen
  • Updating the Global Case Management System (GCMS)
    • Situations could arise where the applicants might be determined not to be citizens and the officers might have recalled the citizenship certificates
    • In this scenario, the officers would need to query the Global Case Management System (GCMS) for checking whether the applicant has a record
    • Thereafter, the officers would need to update the Global Case Management System (GCMS) accordingly
  • When the applicant is determined to be a citizen
    • In some cases, the citizenship officers might determine that the client is a Canadian citizen
    • In this scenario, the authorities would need to issue the citizenship certificate to the applicant
• The loss of British subject status upon or during marriage before 1947 for certain women
  • To acquire Canadian citizenship when the Canadian Citizenship Act came into force January 01, 1947 (or April 01, 1949 in the case of Newfoundland and Labrador), people had to be British subjects on that date
  • This is significant for certain women who lost their British subject status prior to those dates because of their marriage or during the marriage and who, would otherwise might have acquired British citizenship
  • It is worth mentioning that prior to January 01, 1947, the authorities did not allow married women to divest themselves of their British subject status
  • The provisions of the 2015 legislative amendments provided citizenship to most of these women
  • The status of women from May 22, 1868 to January 14, 1932
    • From May 22, 1868, to January 14, 1932, a woman’s status was always automatically the same as that of her husband
    • The authorities typically followed the rule that they would consider the wife of a British subject to be a British subject and the wife of an alien to be an alien
  • The status of women from January 15, 1932 to December 31, 1946
    • The authorities amended the Naturalisation Act on January 15, 1932 for dealing with statelessness
    • From January 15, 1932, British women retained their British subject status unless they acquired their husband’s nationality by marriage
    • Therefore, from January 15, 1932 to December 31, 1946, the authorities determined a woman’s status as:
      • At the time of the marriage
        • If the husband was a British subject, then the wife automatically became a British subject on marriage
        • If the husband was an alien, the wife ceased to be a British subject only if she automatically acquired her husband’s alien nationality
      • During the marriage
        • If the husband was naturalised as a British subject, the wife would need to apply to become a British subject and obtain the Series H certificate
        • If the husband was naturalised in a foreign country, the wife’s status would only change if she was automatically included in her husband’s alien naturalisation
          • However, the wife had the ability to apply for retaining her British subject status and thereby, obtaining a Series I certificate from the authorities
  • The automatic acquisition of Canadian citizenship for women who lost British subject status upon or during marriage
    • Certain women who lost their British subject status upon or during marriage and who did not become Canadian citizens under the 2015 legislative amendments have the ability to apply for an automatic acquisition of Canadian citizenship
    • This is in accordance with the provisions specified in subsection 11 (2) of the Act
  • The table given below lists the nationalities that resulted in the loss of British subject status

• For more details on the acquisition of citizenship under the 2015 legislative amendments, officers would need to refer to the following sections given on the website of Citizenship and Immigration Canada (CIC):
  • The citizenship rules and,
  • The section on the acquisition of citizenship