Canadian Citizenship

Canadian Citizenship may be obtained in three ways:

• Birth in Canada (citizenship by law of soil)
• Birth to Canadian citizen abroad (citizenship by right of blood or by descent)
• Naturalization (grant of citizenship)

The current citizenship law limits citizenship by descent to the first generation born outside Canada. However, certain exceptions apply.

 

Adopted children abroad may acquire Canadian citizenship by:

 

1. Direct Route (by directly applying for citizenship);
2. Regular Route (by naturalization when being sponsored by adoptive parents and becoming permanent residents first)

It is important to consider the pros and cons of each process when bringing the adopted child to Canada, as, depending on the route, the child may be limited in their ability to pass citizenship to their own children born outside Canada in the future, or, on the opposite, may be able to pass their citizenship to children he/she may have abroad, as well as be able to apply for a direct grant of citizenship for those children.

 

Immigrants (permanent residents of Canada) obtain citizenship by making a citizenship application (a process known as naturalization). In order to become a Canadian citizen by applying for a grant of citizenship, a person needs to meet certain requirements in the following areas:

 

• Age
• Permanent resident status
• Time spent in Canada (certain exceptions to physical presence apply)
• Knowledge of language
• Knowledge of Canada

In addition, the applicant should not be under a removal order or other prohibitions under the Citizenship Act, such as:

 

1. Being in jail, on probation or parole in Canada
2. Serving a sentence outside of Canada
3. Charged, on trial for or subject of an appeal for an indictable offence in or outside Canada
4. Subject of a war crimes investigation or charge in Canada
5. Convicted of war crimes in Canada
6. Requiring Authorization to Return to Canada (ARC)
7. Having misrepresented or withheld material circumstances
8. In a 5-year period after the loss of citizenship for obtaining it through fraud

Contact us for information and assistance with the following:

 

• Assessment of citizenship status (whether you or your children are entitled to citizenship by descent)
• Information about the current citizenship law and limitation to citizenship by descent
• Citizenship law and adoptions
• Prohibitions under the Citizenship Act
• Citizenship application process
• Loss of citizenship
• Renunciation of Canadian citizenship