Citizenship Act

Marginal note:Resumption by application

• 11 (1) The Minister shall grant citizenship to any person who, having ceased to be a citizen,

  • (a) makes an application for resumption of citizenship;

  • (b) is not the subject of an order made under section 10, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, a decision made under section 10, a declaration made under section 10.1 or an order made under section 18 of the former Act;

  • (b.1) is not the subject of a declaration made under section 20;

  • (c) is not under a removal order;

  • (d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since having ceased to be a citizen and become a permanent resident,

    • (i) been physically present in Canada for at least 365 days during the two years immediately before the date of the application, and

    • (ii) met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made; and

  • (e) intends, if granted citizenship,

    • (i) to continue to reside in Canada,

    • (ii) to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, or

    • (iii) to reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

• Marginal note:Canadian Armed Forces — permanent resident

  (1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who

  • (a) during the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; and

  • (b) has met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.

  However, paragraph (1)(d) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

• Marginal note:Canadian Armed Forces — person attached or seconded

  (1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, during the two years immediately before the date of the application, completed six months of service with the Canadian Armed Forces.

• Marginal note:Automatic acquisition of citizenship

  (2) Notwithstanding any other provision of this Act, a woman, who

  • (a) by virtue of any law of Canada in force at any time before January 1, 1947 had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject, and

  • (b) would have been a citizen had the former Act come into force immediately before her marriage or the acquisition by her husband of a foreign nationality,

  acquires citizenship immediately on the receipt by the Minister of a notice in writing by her that she elects to be a citizen.