Prohibited persons — s 22
Overview
Section 22 of the Citizenship Act prevents the granting of citizenship to a person who is in one of several prohibited categories. A person cannot be granted citizenship while they are: (1) under a removal order; (2) charged with, on trial for, or subject to an order for an indictable offence under a federal Act; (3) serving a term of imprisonment (including conditional sentence); (4) on parole or probation; or (5) under investigation or charged with a war crime or crime against humanity. The prohibitions are temporary — once the prohibited period ends, the person may be eligible to apply.
Legal basis
- Citizenship Act s 22(1)(a) — prohibition while under a removal order
- Citizenship Act s 22(1)(b) — prohibition during the period of a term of imprisonment, on parole, or on probation, following conviction for an indictable offence under a federal Act
- Citizenship Act s 22(1)(c) — prohibition while charged with or on trial for an indictable offence under a federal Act or a subject-matter Act
- Citizenship Act s 22(1)(d) — prohibition where under investigation for, charged with, on trial for, or convicted of, a war crime or crime against humanity
How it works
Prohibition categories
1. Removal order
A person who is subject to a removal order in force cannot be granted citizenship. This includes persons who have received departure orders, exclusion orders, or deportation orders. Once the removal order is no longer in force (e.g., if the appeal is successful or the order is otherwise resolved), the prohibition no longer applies.
2. Criminal sentence
A person serving a term of imprisonment, a conditional sentence (sentenced to serve the term in the community), or on parole, following conviction for an indictable offence under a federal Act (including the Criminal Code), is prohibited. The prohibition continues until the full sentence has been served, including any parole or probation period.
3. Pending criminal proceedings
A person who is charged with an indictable offence (or is on trial) cannot be granted citizenship until the proceedings are concluded. If acquitted, the prohibition ends. If convicted and sentenced, the s 22(1)(b) prohibition then applies for the duration of the sentence.
4. War crimes
Persons under investigation for, charged with, or convicted of a war crime or crime against humanity are permanently prohibited until the matter is resolved.
Practical implications for citizenship applicants
A person who submits a citizenship application while prohibited is not necessarily refused — IRCC may hold the application pending resolution of the prohibition. If the prohibited period ends, IRCC processes the application. The application fee is not refunded if the application is refused due to a prohibition.
The prohibition periods do not count toward the physical presence requirement — a person's citizenship application clock does not run during a prohibition period.