How To Appeal A Canadian Citizenship Refusal

Canadian Citizenship is the end-goal for many immigrants who come to Canada to start a new life. People who are permanent residents in Canada can apply for Canadian citizenship after a designated period, usually after they have resided in Canada for three years out of a four-year time frame. Canada Permanent Residence

Why Apply for Canadian Citizenship?

Canadian citizens enjoy rights that permanent residents in Canada do not, including being eligible for a Canadian Passport and being able to vote in Canada.

Applicants will be tested on their language proficiency and also have to attend a Citizenship ceremony.

Appealing a Canadian Citizenship Denial

Sometimes, Canadian Citizenship applications are denied for various reasons. If you have not met the required obligations with regards to your physical presence in Canada, or for any other reason, your application can be denied. Mistakes can happen, either on your part in filling out your application or on behalf of the government, that result in an unfair denial of Canadian Citizenship.

If you receive a notice that your application for Canadian Citizenship has been denied – take note: you will have to appeal within 60 days to the Federal Court of Canada. The Federal Court will review the case and determine if any errors were made as well as consider any new evidence you will be able to offer. If the Court rules in your favour, your application will be re-considered by another judge.

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Any information provided here does not constitute legal advise and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: canadian citizenship Canadian Citizenship Denied citizenship denial citizenship refusal Immigration Appeals

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

5 Responses to “How To Appeal A Canadian Citizenship Refusal”

  1. Edmundo October 10, 2012 6:03 pm
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    what is the price ………. I was denied canadian citizenship……. for one she said i did not qualify and did not know the history…………. she asked all other questions……….. such as………. what province is bi-lingual…… french/english……….. i said n.b. and she said nope quebec. when in studying it said NB

    my wife is writing this for me

    another question was …… what’s the prime ministers wife’s name………. what does she have to do with our government……. anyway i would like to know the cost…………

    i have lived here in canada for over 20 years and only recently applied because of my kids………
    I

  2. tajinder October 20, 2012 11:34 am
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    Hi dear Same thing happen with my husband ‘s file. He got denied citizenship letter yesterday..If you find out any thing please reply me.. If I got any info about it i wwill let you know. If you know any thing then let me know..

  3. shampa October 23, 2012 10:41 pm
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    my aunt has been a landed immigrant in canada for almost 40 years. she has worked, paid taxes and voted the whole time. she chose to apply for her canadian citizenship this year and was approved by the judge. however the federal ministry of citizenship appealed the judge’s decision and is waiting for her to contest in 7 days.

    the only thing that was out of order was that one of her passports was lost…and it had her 10yr US Visa in it.

    this appeal is confounding as no real reason is given and won’t be given until she files to contest this appeal….which will cost $2500 only if this resolved outside of court. they are a paychq to paychq family and this is an incredibly unforeseen event for them do they have any other option or recourse….say xontacting their MP?

  4. Michael Niren October 24, 2012 8:17 am
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    Hello Shampa

    Thank you for your question. Your aunt’s situation is unfortunate but I see this kind of thing often. I am not sure contacting her MP will do much but it is worth a try. She needs proper legal representation to fight this. Appeals are complex.

  5. Michael Niren October 24, 2012 8:22 am
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    Hello Tajinder

    Thank you for your post. Denial of Citizenship requires an appeal. Appeals are complicated but they can be won depending on the case. You are welcome to contact us directly for more help

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