Citizenship Lawyers

Becoming a Canadian citizen is usually the last step of an immigration journey, and for some people born abroad it is a question of whether they are already Canadian. A citizenship lawyer can check whether you meet the requirements, prepare an application that holds up, answer a request from the government and challenge a refusal or a revocation notice. On this page you can compare citizenship lawyers, see their rates and availability, and book a consultation online.

Citizenship is one part of immigration law. For work permits, sponsorship, refugee claims and other immigration matters, see our page on immigration lawyers.

What a citizenship lawyer does

Depending on your situation, a lawyer can:

• Assess your eligibility: review your time in Canada, tax filings and anything that could create a prohibition.
• Confirm citizenship by descent: work out whether you may already be a citizen through a parent, and prepare an application for proof of citizenship.
• Respond to the government: answer a request for information or a procedural fairness letter, and prepare you for a hearing.
• Challenge a refusal: assess whether to reapply or ask the Federal Court to review the decision.
• Defend against revocation: respond to a notice that the government intends to take your citizenship away.

Who can apply for Canadian citizenship

Most adults become citizens through a grant of citizenship. The main requirements are the same across Canada, including in Quebec, because citizenship is a federal matter handled by Immigration, Refugees and Citizenship Canada (IRCC). In general terms, you must:

• Be a permanent resident. If you are not there yet, see our page on permanent residency lawyers.
• Meet the physical presence requirement: a minimum amount of time physically in Canada within a set period before you apply.
• File your taxes for the years the rules require, if you had to file.
• Show language ability in English or French, if you are within the age range the rules cover.
• Pass the citizenship test on Canada's history, institutions and the rights and responsibilities of citizens, within the same age range.
• Not be prohibited from becoming a citizen, for example because of certain criminal matters.

The exact thresholds and how to count your days are set out on IRCC's citizenship pages. Count carefully: a miscalculation or an undeclared trip is a common source of trouble. The process ends with the oath of citizenship, and you are not a citizen until you take it.

Citizenship by descent

Some people do not need a grant at all: they may already be Canadian because a parent was a citizen when they were born. In that case you apply for proof of citizenship, a citizenship certificate, rather than for citizenship itself.

For years, a first-generation limit generally stopped Canadian parents born abroad from passing citizenship to children also born abroad. A court found that limit unconstitutional, and Parliament has since changed the law. Under the new rules, some people who were previously excluded are now recognized as citizens, and parents born abroad may be able to pass on citizenship if they have a substantial connection to Canada. These changes are recent and the details matter, so a lawyer can review your family history and the evidence you will need.

Refusals, requests for information and the Federal Court

During processing, IRCC may ask for more documents, a residence questionnaire or proof of your travel history. An officer may also send a procedural fairness letter or call you to a hearing. These are not decisions yet, and a careful answer can change the outcome.

If your application is refused, there is no appeal to a tribunal. The main option is to ask the Federal Court for leave and judicial review, which examines whether the decision was reasonable and fair. The deadline to file is short. Sometimes reapplying with a stronger file is the better route, and only a lawyer can represent you before the Federal Court.

Revocation of citizenship

Citizenship can be revoked if the government believes it was obtained by fraud, false representation or knowingly hiding important facts, including during the earlier permanent residence process. Depending on the case, the person may lose status in Canada altogether.

A revocation notice gives you an opportunity to respond, including about your personal circumstances, and in many cases you can ask that the Federal Court decide the matter rather than an officer. Get legal advice before you reply.

Prohibitions and criminal matters

Even if you meet every other requirement, you may be prohibited from becoming a citizen for a period of time. Examples include a pending charge for certain offences, serving a sentence or being on probation or parole, a recent conviction for a serious offence, a removal order, or a past finding of misrepresentation. Matters outside Canada can count too. A lawyer can tell you whether to wait before applying rather than risk a refusal.

Citizenship for minors

A parent or legal guardian can apply for a child under 18 who is a permanent resident, often at the same time as their own application. Some of the requirements that apply to adults, such as the language and knowledge requirements, do not apply to younger children. Children adopted abroad by a Canadian citizen may be able to get citizenship directly, without first becoming permanent residents, under a separate process.

When to get a lawyer

• You are unsure whether your time in Canada or your tax filings meet the requirements.
• You think you may be a citizen by descent, or were affected by the old first-generation limit.
• You have a criminal charge, conviction or removal order in your past.
• You received a request for information, a residence questionnaire or a procedural fairness letter.
• Your application was refused, or you received a notice of intent to revoke your citizenship.
• You are applying for a child in a custody, adoption or separated-parents situation.

Preparing for your consultation

Bring your permanent resident card, your passports, a dated list of trips outside Canada, your tax notices of assessment and any letters from IRCC. For a descent question, bring your and your parents' birth and citizenship documents. Ask how the lawyer charges.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, language, rates and availability, and book a consultation directly. You can also search all citizenship lawyers or see citizenship lawyers in Montreal. Not sure who to pick? Our guide on how to choose a lawyer in Quebec can help.

Frequently asked questions

Do I need a lawyer to apply for Canadian citizenship?

No. Many people apply on their own. A lawyer is most useful for a borderline day count, a criminal matter, a descent question or a refusal.

What can I do if my citizenship application is refused?

Note the deadline. You can ask the Federal Court to review the decision, or sometimes reapply. Speak with a lawyer quickly, because the time to act is short.

I was born outside Canada to a Canadian parent. Am I a citizen?

Possibly. It depends on your parent's history and on the recent changes to the rules. You would apply for a citizenship certificate to confirm it.

Can I keep my other citizenship?

Canada allows multiple citizenship, but your other country may not. Check its rules before you take the oath.