Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 10, 2026: sections 10, 10.1, 22 and 22.1 of the Citizenship Act and section 46 of the Immigration and Refugee Protection Act checked that day.
The fix: written representations within 60 days that answer the specific grounds in the notice and set out your personal circumstances, and a deliberate choice between a Minister’s decision and a Federal Court action.
The deadline: 60 days after the notice is sent (Citizenship Act s.10(3.1)). After a Minister’s decision, 30 days to ask the Federal Court for leave (s.22.1).
Why a lawyer: the choice you make in the 60 days decides who hears your case and how. It cannot easily be undone. Why a lawyer
The lawyers who handle these files
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
If IRCC has sent you a notice that your Canadian citizenship may be revoked, it is because the government believes you obtained it by false representation, fraud or by knowingly concealing material circumstances: a hidden criminal charge, a false address or residence history, or a false identity on an earlier immigration application. You have 60 days to make written representations and to decide whether the Minister or the Federal Court should decide your case. If citizenship is revoked, you usually become a permanent resident again, but not always.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, responds to citizenship revocation notices and represents people in the Federal Court; this guide is by Sundeep S. Grewal.
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What does the notice say?
Under section 10(3) of the Citizenship Act, the notice must tell you that you can make written representations, how to make them, the specific grounds and reasons with reference to the materials relied on, and that your case will be referred to the Federal Court unless you ask for the Minister to decide.
Read the grounds closely. They tell you exactly what the government says you hid or misstated, and when.
Minister or Federal Court: how the choice works
You have 60 days after the day the notice is sent to make written submissions and, separately, to ask for the Minister to decide. The Minister may extend that time for special reasons. On either route, you can rebut the allegations and ask for special relief based on your personal circumstances, including the best interests of a directly affected child and whether revocation would leave you stateless. If the Minister accepts the rebuttal or grants that relief, the case does not go to court.
| Route | What matters when choosing |
|---|---|
| Federal Court action (the default) | The Minister starts the action and must prove the allegation (section 10.1). You get documentary disclosure and examinations for discovery, and can test witness evidence at trial if the case gets that far. I generally favour this route where material facts or credibility are disputed, or where government records could change the defence. |
| Minister’s decision (by election) | An official generally decides on the written record. A hearing is possible if the evidence raises a serious credibility issue or you cannot make written submissions (section 10(4)). I would consider this route where the relevant record is already available and the case can be fully presented in writing. A decision against you can be challenged by judicial review, with leave, generally within 30 days of being notified or becoming aware of it (section 22.1). |
Why this needs a lawyer
One lawyer, one file, every step:
- written representations within 60 days;
- the choice between the Minister and the Federal Court;
- a Federal Court action, or judicial review of a Minister’s decision within 30 days;
- what comes after for your status as a permanent resident.
Only lawyers can appear for you in the Federal Court. Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia).
What are my options?
- Get the materials referred to in the notice, and your own immigration and citizenship files, so you know what the government has.
- Make written representations within 60 days. Deal with each ground: was there a false statement, was it material, did you know. Then set out your circumstances.
- Decide whether to ask for a Minister’s decision or let the case go to the Federal Court.
- If more time is needed, ask for an extension before the 60 days end, with reasons. The Act allows a longer period for special reasons.
- After a decision against you, judicial review (Minister route) within 30 days, and planning for your status.
What did the Court say in Vo?
In Vo v. Canada (Citizenship and Immigration), 2026 FC 687, a man who had been a permanent resident was charged with criminal offences while his citizenship application was pending and declared at his oath that he was not subject to criminal proceedings. An IRCC officer revoked his citizenship in January 2025. The officer accepted that he admitted the offences and expressed remorse, but found he had had several chances to tell IRCC before and after becoming a citizen and that, as an adult, he was responsible for disclosing all material facts. The Federal Court upheld the revocation on May 27, 2026.
The lesson I take from Vo is that remorse and an explanation of language or confusion are not enough on their own. Representations need to deal with the legal elements and with the personal circumstances the Act asks the Minister to weigh.
What happens to my status if citizenship is revoked?
Under section 46(2) of the Immigration and Refugee Protection Act, a person whose citizenship is revoked under these sections becomes a permanent resident again, “other than in the circumstances set out in section 10.2” of the Citizenship Act. The exception in section 10.2 applies when the person obtained permanent residence by fraud, false representation or knowingly concealing material circumstances, and then obtained or resumed citizenship because of that status. In that case they become a foreign national and are inadmissible for misrepresentation under section 40(1)(d) of the Act.
For someone in Canada, the next step is the section 44 process. An officer may write an inadmissibility report. If the Minister’s delegate finds it well-founded, they may refer it to the Immigration Division for an admissibility hearing. If the Division finds the person inadmissible under section 40(1)(d), the removal order is a deportation order. See our guide on section 44 reports and admissibility hearings.
You also cannot apply for citizenship again for 10 years after a revocation (section 22(1)(f)).
What about my children?
A family-wide allegation can put more than one person’s status at risk, but each child is assessed separately.
| Child’s status | What can happen |
|---|---|
| Citizen by birth in Canada | Generally remains a citizen even if both parents lose citizenship, subject to a narrow exception for children of foreign diplomats. |
| Granted citizenship | IRCC can seek to revoke the child’s citizenship if a parent’s material misrepresentation led to the grant, even if the child knew nothing about it. In Zakaria, 2014 FC 864, the Court allowed the case against two children to proceed on that basis. If revoked, the child generally becomes a permanent resident, unless the child’s own permanent residence was also obtained through the misrepresentation and led to the citizenship. |
| Citizen by descent | The question is whether either parent qualified to pass on citizenship when the child was born, and whether IRCC is challenging the child’s entitlement. A parent’s notice alone does not decide it. |
| Permanent resident, never a citizen | The issue is inadmissibility, not revocation. A child who became a permanent resident as a dependant on an application affected by a parent’s misrepresentation can face a separate proceeding for indirect misrepresentation under section 40(1)(a) (Sidhu, 2019 FCA 169). |
Check who is named in each notice and which application IRCC says was affected. In the response, deal with each child’s status separately and give evidence of how revocation would directly affect them: caregiving, dependency, schooling and medical needs. The Act allows those best-interests submissions even when the child’s own citizenship is secure.
Revocation at a glance
| Question | Answer | Source |
|---|---|---|
| Grounds | False representation, fraud or knowingly concealing material circumstances | Citizenship Act s.10(1) |
| Standard | Balance of probabilities | Citizenship Act s.10(1) |
| Time to respond | 60 days after the notice, or longer for special reasons | s.10(3.1) |
| Who decides by default? | The Federal Court, in an action by the Minister | s.10(3)(d), 10.1(1) |
| Status after revocation | Permanent resident, unless PR was itself obtained by fraud (then a foreign national, inadmissible under IRPA s.40(1)(d)) | IRPA s.46(2); Citizenship Act s.10.2 |
| New citizenship application | Not for 10 years | Citizenship Act s.22(1)(f) |
| Review of a Minister’s decision | Leave needed; 30 days | Citizenship Act s.22.1 |
Worked example: the 60 days
Example. A notice was sent on October 1, 2026. Sixty days later is November 30, 2026. The representations, and any request for a Minister’s decision, should be filed by then. If the person needs records from an old court file that will take longer, the extension request should be made well before November 30, with proof of the delay.
What to gather
- Your citizenship application and every immigration application before it.
- Court records for any charge, with dates, if the ground is non-disclosure.
- Travel and residence records, if the ground is residence or address.
- Your life in Canada: family, children, work, community, health, and your connection to any other country.
Mistakes I have seen
- I have seen people let the 60 days pass while gathering documents, without asking for more time.
- I have seen representations that only apologize, without addressing whether the omission was material or knowing.
- I have seen people ask for a Minister’s decision without understanding they were giving up disclosure, discovery and a trial.
- I have seen people assume they would simply go back to being a permanent resident, when section 10.2 applied.
Frequently asked questions
Is there a time limit on revocation?
The Act does not set one. Vo involved a citizenship obtained years before the revocation.
Will I be deported?
Most people become permanent residents again. Removal becomes a risk where permanent residence was itself obtained by fraud, or where other inadmissibility applies.
Can my children lose citizenship too?
A notice to a parent does not revoke a child’s citizenship. Each child’s status is assessed separately, based on how the child became a citizen or permanent resident and whether the alleged misrepresentation was material to that child’s status. See “What about my children?” above.
Can I travel while this is going on?
Your citizenship stays in place until it is revoked. Talk to a lawyer before travelling, especially if your passport is up for renewal.
Related guides
See our guides on a refused or delayed citizenship application, misrepresentation for not disclosing a refusal and getting your government file.
What should I do right now?
Find the date the notice was sent and count 60 days. Request the materials it refers to and your own files. Do not choose between the Minister and the Federal Court until you have advice on what each means for you.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Citizenship Act, s. 10 (current to October 19, 2026), s. 10.1, s. 22 and s. 22.1
- Immigration and Refugee Protection Act, s. 46
- Vo v. Canada (Citizenship and Immigration), 2026 FC 687 (May 27, 2026)
- Zakaria, 2014 FC 864; Sidhu, 2019 FCA 169
This article is general information, not legal advice. Every case depends on its own facts.