Renunciation of citizenship under section 7.1 of the Citizenship Regulations

Some individuals who automatically acquired citizenship on April 17, 2009, or June 11, 2015, with the amendments to the Citizenship Act that came into force on these dates may not wish to be citizens. Provisions for a renunciation process for these persons were included in the amendments on those dates in order to address such circumstances.

Who can apply?

Any person can apply to renounce their citizenship through a process whose requirements are described under section 7.1 of the Citizenship Regulations (see Requirements to renounce citizenship under section 7.1 below for further details) if they are one of the following:

• a Canadian citizen under paragraph 3(1)(f) or 3(1)(g) of the Act who acquired citizenship automatically on April 17, 2009 or June 11, 2015;
• a Canadian citizen under paragraph 3(1)(b) [for the sole reason that one or both parents are citizens described in paragraphs 3(1)(k) to 3(1)(n) who did not, before June 11, 2015, become citizens by way of grant as defined in subsection 3(9) (naturalization)];
• a Canadian citizen under one of paragraphs 3(1)(k) to 3(1)(r) who acquired citizenship automatically on June 11, 2015 and who did not, before June 11, 2015, become citizen by way of grant as defined in subsection 3(9) (naturalization).

Under section 7.1 of the Regulations, there are fewer requirements for renunciation than under section 9 of the Act; decision-making is delegated to a citizenship officer, and there is no fee.

Persons who do not qualify to renounce under section 7.1, including persons who acquired citizenship under paragraph 3(1)(b) as a result of the 2009 amendments, may be eligible to apply to renounce their citizenship under section 9 of the Act.

Requirements to renounce citizenship under section 7.1

A Canadian citizen can renounce their Canadian citizenship under section 7.1 if they are

• a citizen under paragraph 3(1)(f), 3(1)(g) or any of paragraphs 3(1)(k) to 3(1)(r) of the Act who did not, before June 11, 2015, become a citizen by way of grant as defined in subsection 3(9) or paragraph 3(1)(b) of the Act for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to 3(1)(n) and who did not, before June 11, 2015, become a citizen by way of grant as defined in subsection 3(9) of the Act;
• a citizen of another country or, if the application is approved, will become a citizen of another country; and
• not prevented from understanding the significance of renouncing citizenship by reason of having a mental disability.

Minister may waive some requirements

The requirement that a person not be prevented from understanding the significance of renouncing citizenship by reason of having a mental disability may be waived on compassionate grounds by the Minister, as per subsection 7.1(2) of the Regulations.

See Waivers.

Minister’s delegate decides

In general, a citizenship officer in the Case Processing Centre in Sydney (CPC-S) approves or refuses applications for renunciation of Canadian citizenship made under section 7.1.

Applicant loses status

A person who successfully renounces citizenship has no status in Canada.

A person who renounces Canadian citizenship is subject to the Immigration and Refugee Protection Act regarding, for example, entering and remaining in Canada.

If a person renounces citizenship and decides to return to Canada to live, they must apply to become a permanent resident and live in Canada for one year immediately before applying to resume citizenship.

If a person renounces citizenship and decides to return to Canada temporarily (i.e., to work or to study), they must apply to become a temporary resident.

Renunciation is urgent

Many applicants for renunciation must provide proof of renunciation to the country they now reside in before a certain date in order to be accepted as a citizen in that country. In other cases, a person must renounce Canadian citizenship urgently in order to be employed by a foreign government or company outside Canada.

If renunciation is approved

If the application is approved,

• the renunciation confirmation is immediately forwarded to the applicant; this confirmation is issued instead of the certificate of renunciation that is issued under subsection 9(1) of the Act; and
• a copy of the renunciation confirmation is sent to the Passport Program and the Operations Support Centre.

If renunciation is refused

If the application is refused,

• a refusal letter is sent giving the applicant the reason(s) for refusing the application for renunciation; and
• the refusal letter is sent to the applicant, by mail (confirmation from Canada Post needed: registered, certified, express, etc.), at the last known address. The refusal letter should indicate
  • that the applicant may reapply for renunciation under section 7.1 of the Regulations once they meet the requirements, or
  • that the applicant may apply for renunciation under subsection 9(1) of the Act if they meet the requirements.

Refusals held for six months

Refused applications are held for six months in case there is a judicial review. The CPC-S retires the file if there is no judicial review.

Interviews

Applications for renunciation under section 7.1 do not require an in-person interview; the process may be completed entirely by mail.

Nevertheless, when assessing an application made under section 7.1, officers may request that an applicant attend an interview where necessary. Officers should schedule interviews only when it is essential to the assessment of the application. Applicants should be informed of concerns and given an opportunity to respond prior to scheduling the interview. Where interviews are held, the contents of the interview (questions, answers, etc.) should be submitted as part of electronic case notes.