Ineligible for Citizenship in Canada: What You Need to Know

Marisol, a permanent resident from Honduras, dreams of becoming a Canadian citizen. She’s lived in Canada for years, filing taxes and contributing to her community. However, before she starts the process, she wonders if there are reasons she could be ineligible for citizenship. This question keeps her awake at night, as she doesn’t want to risk rejection after all her efforts. If you share Marisol’s concerns, this article will guide you through the factors that might affect your application.

Who this article targets

This article focuses on adults 18 and older who want to apply for Canadian citizenship through naturalization, also known as grant of citizenship. Naturalization is the legal process by which permanent residents become Canadian citizens after meeting specific requirements. It is a significant step that allows individuals to enjoy full rights and privileges as Canadian citizens.

If you applied for citizenship on or before October 10, 2017, this article might not address your situation due to changes in the law. Similarly, this article is not for individuals who may already be Canadian citizens by birth, as their circumstances differ. Moreover, this article does not cover citizenship for minors. Understanding these distinctions ensures that this article remains relevant to the audience it aims to help.

Basic requirements for citizenship

To apply for Canadian citizenship, you must meet these essential requirements. Failing to meet them makes you ineligible for citizenship:

• Permanent Resident Status: You must be a permanent resident with no unresolved conditions or removal orders. This status is foundational to your eligibility.
• Physical Presence in Canada: You must have lived in Canada for at least 1,095 days (three years) in the past five years. It is advisable to exceed this minimum to avoid calculation errors. Moreover, please read my article on physical presence calculations. 
• Tax Filing: You must have filed taxes for at least three of the last five years. Meeting this requirement demonstrates your contribution to Canadian society.
• Language Proficiency: Applicants aged 18 to 54 must demonstrate adequate proficiency in English or French. Proof often includes language test results or certificates.
• Citizenship Test: Applicants in the same age group must pass a citizenship test that assesses knowledge of Canada’s history, government, and symbols.
• Oath of Citizenship: Everyone must take the Oath of Citizenship to complete the process. This ceremonial step marks your official transition to citizenship.

If you fail to meet these criteria, you cannot apply for citizenship until you address the issue. Preparing in advance ensures a smoother application process.

Situations that make a person ineligible for citizenship

Certain circumstances can make you ineligible for citizenship, even if you meet the basic requirements. Here’s a detailed breakdown:

A person cannot become a Canadian citizen if they:

• Are currently serving a sentence in Canada, including probation, parole, or imprisonment.
• Are serving a sentence outside Canada for a crime that would also be considered an offence under Canadian law.
• Are charged with a serious crime in Canada, including those under federal laws.
• Are charged with a serious crime outside Canada that would be a criminal offence if committed in Canada.
• Are under investigation for crimes against humanity or war crimes.
• Have been convicted of crimes against humanity or war crimes.
• Do not have authorization to return to Canada if they were previously required to leave.
• Lied or misrepresented information on their application, leading to a mistake in the process.
• Were previously banned from obtaining citizenship due to fraud or misrepresentation within the past 5 years.
• Lost their citizenship within the past 10 years under specific laws.

A person cannot become a Canadian citizen if they were convicted of a crime in Canada:

• Within the last four years before applying for citizenship.
• At any time before receiving citizenship, unless their record was cleared under the Criminal Records Act.

A person cannot become a Canadian citizen if they were convicted of a crime outside Canada:

• If the crime would be considered serious in Canada (an indictable offence).
• If the conviction happened within the last four years before applying for citizenship.
• If the conviction happened at any time before receiving citizenship, regardless of whether they were pardoned.

A person cannot become a Canadian citizen if they were convicted of certain serious crimes, including:

• Treason or high treason.
• Terrorism, either in Canada or abroad.
• Serious offences under the National Defence Act, including acts of betrayal.
• Serious offences under foreign interference laws, such as espionage.
• Serving in a military force that was at war with Canada.

Exceptions & Ministerial Discretion:

• The Minister of Immigration can waive certain prohibitions on compassionate grounds.
• The Minister can make exceptions for people convicted of very serious crimes if there are exceptional circumstances.

Prohibition from taking the Oath of Citizenship:

• A person cannot take the citizenship oath if they no longer meet the requirements for citizenship.

This list ensures that individuals with serious criminal histories, ongoing legal issues, or those who have misled immigration authorities cannot become Canadian citizens.

Book a consultation session.

Navigating the citizenship application process can be complex, especially if you’re unsure of your eligibility. Please book a consultation session with me for personalized guidance on your Canadian citizenship or immigration questions. Alternatively, fill out the following form to contact our team.