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Citizenship refusals, delays and revocation: a lawyer in Brampton

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The short answer

Manny Hundal acts when a citizenship application is refused, when you are told you are prohibited from becoming a citizen, when IRCC raises misrepresentation or sends a revocation notice, or when your file has waited far longer than normal processing. Most citizenship refusals have no tribunal appeal. The route is judicial review at the Federal Court, and the leave application must be filed within 30 days. For long delays, he can ask the Court for mandamus (a court order telling IRCC to decide your file).

When you need a lawyer

Most citizenship applications are straightforward, and many people file them on their own or with a licensed consultant. A lawyer is worth calling when the file is in trouble:

  • Your citizenship application was refused, for example over a physical presence shortfall or doubts about where you were
  • IRCC says you are prohibited because of a charge, a conviction, probation or a past finding
  • IRCC alleges misrepresentation in your citizenship application or in how you got permanent residence
  • You received a notice that IRCC intends to revoke your citizenship
  • Your application has been stuck far beyond the posted processing time with no explanation
  • A residence questionnaire or notice to appear raises serious questions about your file
  • Your PR status itself may be at risk, for example over the residency obligation or a criminal matter

How Manny helps

Manny Hundal is a Barrister & Solicitor, called to the Ontario Bar in 2013. His practice is focused on immigration law. When a citizenship file goes wrong he can:

  • Review the refusal or prohibition. He reads the decision and your file and explains whether to challenge it or wait and reapply.
  • Federal Court judicial review. Most citizenship refusals have no tribunal appeal. He files the leave application within the 30-day deadline and argues the case if leave is granted. See Federal Court judicial review.
  • Mandamus. Where a file has been delayed without good reason, he can apply to the Federal Court for an order directing IRCC to decide it.
  • Misrepresentation. He responds to fairness letters and interviews where IRCC questions your history or your residence.
  • Revocation. He prepares written representations in response to a revocation notice and represents you if the case goes to the Federal Court.
  • Underlying status problems. Where the real issue is your PR status, see residency obligation appeals and inadmissibility.

Consultations are available in English, Punjabi and Hindi. No lawyer can promise a result or a processing time. This page is general information, not legal advice about your situation.

Deadlines

  • Judicial review of a citizenship refusal

    the leave application to the Federal Court must be filed and served within 30 days after you are notified of the decision or otherwise become aware of it (Citizenship Act section 22.1).

  • Revocation notice

    under section 10 of the Citizenship Act, you have 60 days after the notice is sent to make written representations, or longer if the Minister allows it for special reasons.

  • IRCC requests

    a residence questionnaire, document request or notice to appear sets its own deadline. Missing it without a reasonable excuse can lead to the application being treated as abandoned.

Revocation

The Minister can move to revoke citizenship if satisfied, on a balance of probabilities, that it was obtained through false representation, fraud or knowingly concealing material circumstances. Before deciding, the Minister must send written notice of the grounds and the evidence, and of your right to make written representations. Your representations can include personal circumstances, such as the best interests of a child directly affected and whether revocation would leave you stateless.

The case goes to the Federal Court unless you ask the Minister to decide it, or the Minister is satisfied after your representations that revocation should not proceed. Which forum to choose is a significant decision, and it should be made with advice.

Who this is for

This page is for permanent residents whose citizenship application has been refused, prohibited or delayed, and for citizens facing revocation. For many families in Brampton, citizenship is the last step after years of permits and applications, so a problem at this stage matters.

Eligibility basics for adults

To apply as an adult (18 or older), IRCC’s rules say you must:

  • Be a permanent resident with no unfulfilled conditions and no removal order, and have met your PR residency obligations
  • Meet the physical presence requirement: at least 1,095 days in Canada during the five years right before the date you sign your application, with at least 730 as a permanent resident
  • File taxes, if required, for at least three years within the same five-year period
  • Show language ability and pass the test, if aged 18 to 54
  • Not be under a prohibition

Time in Canada before you became a PR can count as half a day for each day, up to 365 days of credit. Time in prison, on parole or on probation does not count. IRCC’s physical presence calculator is the official way to count.

Prohibitions

Under section 22 of the Citizenship Act, you cannot be granted citizenship while, among other things, you are charged with certain offences, on probation or parole, or serving a sentence. Certain convictions in the four years before you apply, or while your application is in process, can also prohibit you. Misrepresenting or withholding material circumstances in a citizenship matter is itself a prohibition, and a person barred on that ground in the five years before applying is prohibited again. A prohibition usually means you must wait, not that you can never become a citizen.

Citizenship by descent

Rules for children born abroad to Canadian parents changed when Bill C-3 came into force on December 15, 2025. This is a separate process (a citizenship certificate), not a grant.

Documents you'll typically need

Timelines

Citizenship processing times change. Check IRCC’s processing times tool. Times and fees change often, so check the IRCC page before you apply.

Common problems

Miscounted days. A single forgotten trip can drop you below 1,095 days and lead to a refusal.

Residence questionnaires. IRCC can ask for detailed proof that you were in Canada when you said you were. These requests can add months.

Undisclosed charges. Failing to disclose a charge or conviction can be treated as misrepresentation.

Problems in your PR history. If IRCC finds that you obtained PR status through misrepresentation, it can affect citizenship and, in some cases, lead to revocation proceedings later.

Long delays. If the delay is unreasonable and IRCC has not explained it, mandamus may be an option.

Frequently asked questions

There is no appeal to a tribunal for most citizenship refusals. The route is judicial review at the Federal Court, and the leave application must be filed and served within 30 days after you are notified of the decision. The Court checks whether the decision was reasonable and fair. If it finds an error, it usually sends the file back to be decided again. Where the refusal came from a clear shortfall in days, it may be faster to wait until you meet the requirements and apply again. Only you or a lawyer can represent you at the Federal Court. Manny can help you weigh both options before the 30 days run out.

The notice sets out the grounds, which must be false representation, fraud or knowingly concealing material circumstances, and the evidence IRCC relies on. You have 60 days after the notice is sent to make written representations, unless the Minister allows more time. The case goes to the Federal Court unless you ask the Minister to decide it, or the Minister decides after your representations not to proceed. Your representations can raise personal circumstances, including the best interests of an affected child and whether you would be left stateless. Get legal advice before you respond or choose a forum.

First, check IRCC’s processing times tool and your online account to see whether your file is within the normal range and whether IRCC has asked for anything you have not sent. If your file is well beyond the normal time and IRCC has not given a reason, a lawyer can apply to the Federal Court for mandamus, an order that requires IRCC to make a decision. It does not decide the application in your favour. The Court looks at factors such as how long the delay has been, whether you contributed to it, and whether IRCC has a satisfactory explanation.

It depends on where things stand. Under section 22 of the Citizenship Act, you cannot become a citizen while you are charged with certain offences, are on trial, are on probation or parole, or are serving a sentence. Certain convictions within the four years before you apply can also prohibit you. Some convictions can also affect your permanent resident status, which is a more serious problem. You must disclose charges and convictions; failing to do so can be treated as misrepresentation. Get advice before you apply.

At least 1,095 days of physical presence during the five years right before the date you sign your application, with at least 730 as a permanent resident. Time in Canada before you became a PR can count as half a day for each day, up to 365 days of credit. IRCC suggests applying with more than 1,095 days, in case a trip was miscounted.

A residence questionnaire is a request from IRCC for more detailed proof of where you were during your eligibility period. IRCC may send one if your travel dates do not match its records, your days are close to the minimum, or there are gaps in your history. It sets a deadline, and missing it can lead to the application being treated as abandoned. It usually adds time, but it is not a refusal.

If you are between 18 and 54 on the day you sign your application, yes. The test has 20 questions in English or French, and you need 15 correct answers to pass. It is based on the study guide Discover Canada. You get three chances. If you do not pass, IRCC may schedule an interview with a citizenship official.

Yes. Permanent resident children under 18 can apply with a parent who is applying at the same time or is already a citizen, and do not need to meet the physical presence, language or test requirements in that case. Children born outside Canada to a Canadian parent may already be citizens by descent after Bill C-3, and may need a citizenship certificate rather than a grant.

Physical presence is counted for the five years before you sign, so travel after you apply does not reduce that count. You must still keep your PR status and be available for the test, any interview and the ceremony. Missing a scheduled step without a good reason can cause IRCC to stop processing your application.

This page is general information, not legal advice about your situation.

Sources

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