Canada’s new citizenship by descent rules under the recently amended Citizenship Act have created exciting opportunities for many people with Canadian grandparents and ancestors. These changes have also created new challenges for people who are already in Canada on a work permit or study permit, and specifically those who have status that is close to expiring. Individuals who now have an urgent need to begin a job in Canada or studies may also face a time-sensitive situation where they need proof of their Canadian citizenship to begin their work or studies.
If the new law now makes you a Canadian citizen by descent, you may technically no longer be a foreign national under Canadian immigration law, making you both ineligible to extend your temporary status and also without proof of being a citizen.
Can a Canadian Citizen Apply for a Work Permit or Study Permit?
A Canadian citizen cannot apply for a work permit or study permit, because these applications are only for foreign nationals who need authorization to work or study in Canada. This creates a significant grey area for people who are already in Canada on temporary status but do not yet have proof of citizenship. This can also be a challenge for people who need to relocate to Canada to start working or begin a degree at a Canadian institution.
Why This Creates Problems
Imagine you are in Canada and your current study permit is expiring or you have been accepted to post-secondary university, but you now believe you are actually a Canadian citizen under the amended legislation. Legally, you should not need a study permit — but without a citizenship certificate, how does your school confirm your status and determine the appropriate tuition to charge?
The same issue can arise if your work permit is expiring and you were planning to apply for an extension inside of Canada. If you are already a Canadian citizen, you may technically not be eligible to apply for that status — but without proof, you would not be able to obtain a permanent Social Insurance Number or have proof of an ability to continue working.
There Is Still No Clear IRCC Guidance
At this time, there is no clear public IRCC guidance addressing what people should do if they are already in Canada on a work permit or study permit and later realize they may now be Canadian citizens by descent.
Best Practice: Apply for Proof of Citizenship Right Away
If you believe you may now be a Canadian citizen by descent, the best first step is to apply for a Citizenship Certificate as possible so that you can demonstrate that you are a Canadian citizen.
If your situation is urgent, for example, because of a continued or new need to work or study in Canada, you may be eligible to request urgent processing of the application.
Need Help?
If you think you may now be a Canadian citizen by descent and are unsure how that affects your work permit, study permit, or legal status in Canada, it is important to obtain proper legal advice to determine your next steps.
If you need help with a Citizenship Certificate application and in particular, with an urgent processing request, please feel free to contact us.
