# Who Cannot Become a Canadian Citizen?
Meeting the 1,095-day residency rule is necessary but not sufficient to become Canadian. The Citizenship Act sets out specific prohibitions — situations in which IRCC must refuse, pause, or refer the application even if every other requirement is met. This guide covers all five prohibitions in plain language.
The five prohibitions
1. Charged with or appealing an indictable offence
If you are charged with, on trial for, or appealing an indictable offence — whether in Canada or abroad — you cannot become a citizen. This includes:
- Active criminal charges before a court
- An ongoing trial (you are presumed innocent, but the application is paused)
- An active appeal of a conviction
- A foreign indictable-equivalent prosecution
The prohibition lasts until the matter is finally resolved (acquittal, dismissal, or full sentence completion).
2. Serving a sentence
If you are serving a sentence, you cannot become a citizen. This covers:
- Imprisonment in a federal or provincial institution
- Probation imposed as part of a sentence
- A conditional sentence (house arrest)
- Parole (whether full or day parole)
- A foreign sentence equivalent to any of the above
The prohibition lasts until the entire sentence ends — including the last day of probation or parole.
3. Subject to a removal order
If a Canadian official has issued a removal order (deportation, exclusion, or departure order), you cannot apply for citizenship. This applies even if:
- The order is under appeal
- The order has not yet been enforced
- You are otherwise legally in Canada
The prohibition ends only when the order is fully cancelled or quashed.
4. War crimes or crimes against humanity
If you are under investigation for, charged with, or convicted of a war crime, a crime against humanity, or genocide — anywhere in the world — you are permanently prohibited. This is the most serious bar in the Citizenship Act.
5. Citizenship revoked in the last 10 years
If your Canadian citizenship was previously revoked for misrepresentation, fraud, or treason within the last 10 years, you must wait until 10 years pass from the revocation date before reapplying.
Misrepresentation: a separate 5-year ban
If you submit false information or hide material facts on a citizenship application, IRCC can:
- Refuse the current application
- Bar you from reapplying for 5 years from the refusal decision
- Revoke any citizenship granted on the basis of misrepresentation
This applies even to honest mistakes if the omission is material. Always:
- Disclose all foreign trips, even brief ones
- Disclose all charges, arrests, and convictions
- Disclose any name changes, marriages, or divorces
- Match every entry to your CBSA travel history
Common scenarios that look like prohibitions but are not
Outstanding parking tickets
Parking, traffic, or non-criminal provincial offences do not block citizenship.
Old conviction with full pardon
A record suspension (formerly called a "pardon") removes the prohibition once granted. Disclose the conviction and the suspension on your application.
Investigation but no charge
Mere investigation — without a formal charge — typically does not trigger a prohibition. IRCC may pause processing while waiting for resolution.
Civil lawsuit
Civil disputes (contract, divorce, small claims) do not block citizenship. Only criminal prosecutions do.
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How IRCC checks
IRCC runs background checks through:
- RCMP criminal record check
- CSIS security screening
- CBSA admissibility review
- Interpol (for foreign matters)
- Civil court database (limited)
Lying or omitting on an application is almost always discovered and can lead to refusal, the 5-year ban, and possible removal proceedings.
What to do if a prohibition applies
- Charged or on probation → wait for the matter to fully resolve, then apply
- Removal order → consult an immigration lawyer; cancel the order before applying
- Old conviction → apply for a record suspension through the Parole Board of Canada, then disclose
- War crime concern → seek legal counsel immediately; this is the most serious bar
- Past revocation → calendar 10 years from the revocation date; reapply only after
About to apply? Run a self-check on the [IRCC eligibility tool](https://eservices.cic.gc.ca/rescalc/) before paying the CA$630 fee. The tool flags most prohibitions automatically.
Related reading
- [Canadian Citizenship Eligibility Requirements](/blog/canadian-citizenship-eligibility-requirements)
- [Criminal Record and Canadian Citizenship](/blog/criminal-record-canadian-citizenship)
- [Record Suspension Path to Citizenship](/blog/criminal-record-suspension-canadian-citizenship)
- [Refused Citizenship Application: Reasons & Appeal](/blog/citizenship-application-refused-appeal-canada)
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Frequently Asked Questions
1Does a minor offence block citizenship?
Only indictable offences (serious crimes prosecuted on indictment) block applications. Summary conviction offences — minor matters like simple traffic violations or low-level provincial offences — do not block citizenship by themselves. However, ongoing court appearances or probation for any offence can pause your application.
2What if I was convicted abroad before coming to Canada?
Foreign convictions can still trigger a prohibition if the offence would be considered indictable under Canadian law. IRCC reviews case-by-case. Convictions older than 4 years that no longer affect status typically do not block citizenship, but disclose them honestly — non-disclosure is itself a 5-year prohibition.
3How long does a probation prohibition last?
Until the day your probation officially ends. If you are on probation for 18 months, you cannot apply for citizenship during those 18 months. The day after your probation ends, you can apply (subject to other requirements).
4Can I apply while a removal order is being appealed?
No. An active or pending removal order — even one under appeal — blocks the application. You must wait until the order is cancelled or fully overturned before submitting.
5What if I was acquitted?
Acquittal removes the prohibition. The day the court enters a final acquittal, you can apply for citizenship (provided no appeal is filed by the Crown).