The amendments to the Citizenship Act came into force on April 17, 2009 or June 11, 2015. As a result, many individuals automatically acquired citizenship on these dates. However, many of these individual might not wish to remain Canadian citizens. To address this, the authorities made certain provisions for a renunciation process for these individuals in the amendments on those dates.
Who Can Apply for Renouncing their Citizenship Under Section 7.1 of the Citizenship Regulations?
Section 7.1 of the Citizenship Regulations specify the requirements for people who want to apply for renouncing their citizenship. People can use these provisions for renouncing their citizenship if they are:
- Canadian citizens under paragraph 3 (1) (f) or 3 (1) (g) of the Act who acquired citizenship automatically on April 17, 2009 or June 11, 2015
- Canadian citizens under paragraph 3 (1) (b)
- This applies solely because one or both parents are citizens described in paragraphs 3 (1) (k) to 3 (1) (n) who did not, prior to June 11, 2015, become citizens by way of grant as specified in subsection 3 (9) i.e. naturalisation
- Canadian citizens under one of paragraphs 3 (1) (k) to 3 (1) (r) who acquired citizenship automatically on June 11, 2015 and who did not, prior to June 11, 2015, become citizens by way of grant as specified in subsection 3 (9) i.e. naturalisation
It is worth highlighting that there are fewer requirements for renunciation in section 7.1 of the Regulations than under section 9 of the Act. Hence, the authorities delegate the decision-making to citizenship officers. In addition, there is no fee for renouncing citizenship.
Some individuals might not qualify for renouncing their citizenship under section 7.1. This could typically include people who acquired citizenship under paragraph 3 (1) (b) based on the 2009 amendments. All these individuals might be eligible for applying to renounce their citizenship based on the provisions specified in section 9 of the Act.
Note:
- People who are Canadian citizens under paragraph 3 (1) (b) of the Act because of the 2009 amendments are not eligible for renouncing their citizenship under section 7.1 of the Regulations
The Requirements for Renouncing Citizenship Under Section 7.1
Canadian citizens have the ability to renounce their Canadian citizenship based on the provisions specified in section 7.1 if they are:
- Citizens under paragraphs 3 (1) (f), 3 (1) (g) or any of paragraphs 3 (1) (k) to 3 (1) (r) of the Act who did not, prior to June 11, 2015, become citizens by way of grant as specified in subsection 3 (9) or paragraph 3 (1) (b) of the Act for the sole reason that one or both parents are people referred to in any of the paragraphs 3 (1) (k) to 3 (1) (n) and who did not, prior to June 11, 2015, become citizens by way of grant as specified in subsection 3 (9) of the Act
- Citizens of another country, or if the authorities approve the application, will become citizens of another country and,
- Are not suffering from any mental disabilities that prevent them from understanding the significance of renouncing their citizenship
The Minister’s Ability to Waive Some Requirements
The Minister has the authority to waive the requirement that a person with a mental disability would not be able to understand the significance of renouncing citizenship on compassionate grounds. This in accordance with the provisions specified in subsection 7.1 (2) of the Regulations.
The Decision of the Minister’s Delegate
It is worth highlighting that in most cases, citizenship officers in the Case Processing Centre in Sydney (CPC-S) will be responsible for approving or refusing applications for the renunciation of Canadian citizenship made under section 7.1.
The Cases Where Applicants Lose their Status
It is worth mentioning that people who renounce their citizenship successfully have no status in Canada. In addition, people who renounce Canadian citizenship will remain subject to the provisions specified in the Immigration and Refugee Protection Act (IRPA). As such, they would need to comply with the rules specified in the Immigration and Refugee Protection Act (IRPA) concerning entering and remaining in Canada. In other words, if these individuals wish to return to Canada permanently, they would need to apply for permanent resident visas. Similarly, if these individuals wish to return to Canada temporarily e.g. for a visit, to work or to study etc., they would need to apply for temporary resident visas.
The Cases Where Renunciation is Urgent
Situations could arise where applicants for renunciation would need to provide proof of renunciation to the country they currently reside in before a specific date for the authorities of that country to accept them as citizens in that country. In other cases, people might need to renounce Canadian citizenship urgently for gaining employment in a foreign government or a company outside Canada.
The Cases where the Authorities Approve the Renunciation
Once the authorities approve the renunciation application, they would need to:
- Forward the renunciation confirmation immediately to the applicant
- It is worth highlighting that the authorities usually issue this confirmation instead of the certificate of renunciation that the authorities typically issue under subsection 9 (1) of the Act and,
- Send a copy of the renunciation confirmation to the Passport Program and the Operations Support Centre (OSC)
The Cases where the Authorities Refuse the Renunciation
When the authorities refuse the application, they would need to:
- Send a refusal letter to the applicant that cites the reasons for which the authorities have refused the application for renunciation and,
- Send the refusal letter to the applicant by mail at the last known address
- They would require a confirmation from Canada Post for registered, certified or express post
- In addition, they would need to ensure that the refusal letter clearly indicates:
- That the applicant has the ability to reapply for renunciation under section 7.1 of the Regulations once the applicant meets the prescribed requirements or,
- That the applicant has the ability to apply for renunciation under subsection 9 (1) of the Act once they meet the requirements
The Cases Where the Authorities Hold Refusals for Six Months
The authorities typically hold refused applications for six months in case there is a judicial review. The Case Processing Centre in Sydney (CPC-S) would need to retire the file if there is no judicial review.
Interviews
It is worth highlighting that applications for renunciation under section 7.1 do not require in-person interviews. As such, the officers can complete the entire process by mail.
However, when assessing applications made under sections 7.1, officers would need to request that applicants attend interviews where necessary. For this, officers would need to schedule interviews only when it is essential to the assessment of the application.
Officers would need to notify the applicants of the concerns raised by the authorities. In addition, they would need to provide the applicants with ample opportunity for responding prior to scheduling the interview. Where the officers conduct interviews, they would need to submit the contents of the interviews as part of the electronic case notes. This would typically comprise questions, answers etc.
