Elon Musk has citizenship of three nations: Canada, South Africa, and the United States. Let us discuss in detail how Elon Musk obtained Canadian citizenship.
Well, Elon Musk gained Canadian citizenship at birth, when he was born in Pretoria, South Africa. His mother, Maye Musk, was born a Canadian citizen in Regina, Saskatchewan. Thus, Elon Musk automatically inherited Canadian citizenship by descent.
Under Canada’s current laws, children born outside Canada can inherit Canadian citizenship from their parents, but only for one generation. This implies that if a parent is a Canadian citizen before their child is born, either by birth or through naturalization, the child obtains citizenship even if they are born outside Canada.
A recent e-petition urges that Canada revoke Musk’s citizenship, citing his involvement in activities deemed contrary to Canada’s national interests. It states that he has now become a member of a foreign government that is attempting to erase Canadian sovereignty.
The petition, initiated by British Columbia-based author Qualia Reed and sponsored by NDP Member of Parliament Charlie Angus, has just over 340,000 signatures at the time of this writing.
The businessman and the key provider to US President Donald Trump responded to this news regarding the petition, stating that Canada is not a real country.
Despite the petition’s widespread support, immigration lawyers generally say the document is unlikely to affect Elon Musk’s Canadian citizenship. Canada can revoke citizenship only if the individual obtained it through fraud or misinterpretation.
A person can acquire citizenship at birth, for instance, being born in Canada or being born to a Canadian parent.
A person who is not born a Canadian citizen can become one by first obtaining permanent residency and then going through the naturalization process.
Canadian Citizenship At Birth
As Elon Musk obtained Canadian citizenship, it is vital to note that one can also gain citizenship at birth if they are:
- Born on Canadian soil
- Born abroad, and at least one of your parents was a Canadian citizen at the time of your birth
Getting Canadian citizenship by having been born outside Canada to one or more Canadian citizens is called citizenship by descent.
Canada presently has a second-generation cut-off rule, which prevents Canadian citizens who gained citizenship by descent when born abroad from passing on their citizenship by descent to their own children born abroad. However, this law might be changing soon.
This rule does not affect Canadian citizens who are born in Canada or naturalized.
How Can You Become A Canadian Citizen Through Naturalization?
Individuals who did not gain Canadian citizenship at birth may gain it later in life through naturalization.
The Canadian Citizenship Act regulates how individuals can obtain Canadian citizenship through naturalization.
In order to qualify for Canadian citizenship, individuals should fulfill a set of specific criteria:
- Be a Canadian permanent resident
- Have filed their taxes
- Meet Canada’s physical presence requirements
- Pass a Canadian citizenship test
- Take the oath of citizenship
- Prove their language proficiency
Permanent Resident Status
Just like Elon Musk obtained Canadian citizenship, if you also wish to apply for Canadian citizenship, you should first be a permanent resident of Canada. You can apply for citizenship even if your PR card has expired at the time you submit your application.
Physical Presence In Canada
In order to apply for Canadian citizenship, you should have lived in the country for a minimum of 1,095 days within the last five years before applying.
Permanent residents who have also spent time in Canada as temporary residents or protected persons can count some of this time toward the physical presence requirement. You can count each day spent in Canada as a temporary resident/ protected person as a half-day toward the physical presence requirement calculation, up to a maximum of 365 days.
IRCC recommends applying with more than over 1,095 days in case there is a problem with your calculations.
Children under 18 years of age have to hold PR status but are exempt from the three-year physical presence requirement.
Crown servants or family members of Crown servants might also include time spent outside Canada in their calculations.
Tax Filing
You must have filed Canadian income taxes if legally required to do so within the five-year period.
Passing A Canadian Citizenship Test
If you are between the ages of 18 and 54, when you sign your application, you will have to pass a citizenship test — IRCC will invite you to complete one after submission.
You can take the test in either English or French, and it lasts 45 minutes. It will contain a total of 20 multiple choice and/ or true-or-false questions.
You should receive a mark of 15 out of 20 to pass.
It will include questions about:
- The rights and responsibilities of Canadian citizen
- Canada’s history, geography, economy, and laws, and national symbols
Most applicants will complete the test online unless they require accommodations, in which case they may take it via Microsoft Teams, in person, or in a different format.
You can find the free official study guide for the citizenship test online. It is titled Discover Canada: The Rights and Responsibilities of Citizenship.
Proving Your Language Skills
If you are between ages 18 and 54 on the day you sign your citizenship application, you have to demonstrate that you have adequate knowledge in one of Canada’s official languages: English or French.
Your speaking and listening skills should meet a Canadian Language Benchmark (CLB) level 4 or higher.
- Note that ‘adequate knowledge’ implies that you can engage in brief, everyday conversations on familiar topics
- Comprehend simple instructions, questions, and directions
- Demonstrate familiarity with common words and phrases to respond to questions and communicate ideas effectively
- Use fundamental grammar, including basic sentence structure and verb tenses
You will have to provide language proof in the form of certificates, diplomas, and tests. You can also use your attendance in a secondary or post-secondary program in English or French as proof of your language proficiency.
IRCC will measure your language skills by reviewing the proof you have sent, taking note of how well you speak to a citizenship official during your application process, and assessing your level of language during a citizenship test with an official if required.
Taking The Oath Of Citizenship
Once IRCC approves your application, they will invite you to a citizenship ceremony to take the oath of citizenship if you are at least 14 years old. This is the last step before becoming a Canadian citizen.
The invitation will specify:
- The date and time of your ceremony
- There ceremony format
- The link (if virtual) or location (if in person)
- The language in which the ceremony will be conducted
IRCC permits ceremony rescheduling if the reason you need to reschedule is valid.
Citizenship Ineligibility
There are certain legal and criminal issues that might prevent you from becoming a Canadian citizen.
You can be barred from citizenship for reasons like:
- Criminality
- Misinterpretation
- National security
- Being subject to a removal order
When Can The Government Revoke A Person’s Canadian Citizenship?
Under Canadian law, the federal government can only revoke someone’s Canadian citizenship if they obtained, retained, renounced, or resumed their citizenship through fraud or misinterpretation.
Knowingly concealing material circumstances can also lead to revocation of Canadian citizenship.
Minister Marc Miller will send a written notice to the individual, who must respond within 60 days.
How To Gain Canadian PR?
Just like Elon Musk obtained Canadian citizenship, foreign nationals seeking citizenship must first become permanent residents of Canada.
There are three types of ways a foreign national can get Canadian permanent residence:
- Economic Immigration
- Family Sponsorship
- Humanitarian and Compassionate Grounds
Economic Immigration
It is the most common pathway to Canadian permanent residency and attracts workers who can contribute to Canada’s economy. The largest economic pathways to permanent residence in Canada are:
Under these two umbrellas, there are around 100 different permanent residence streams.
The province of Quebec manages its own immigration system, so foreign nationals seeking to settle in Quebec as PRs should follow Quebec’s processes in order to be considered.
Family Sponsorship
It involves being sponsored by a Canadian citizen or permanent resident. There are requirements both for the sponsor and for the sponsored foreign national. The following individuals can be sponsored through various pathways:
- Dependent Children
- Parents/ Grandparents
- Spouses, Common-Law Partners, and Conjugal Partners
- Other Relatives
Humanitarian And Compassionate Grounds
The Humanitarian and Compassionate Grounds PR application allows individuals already in Canada to remain if they have compelling reasons to justify humanitarian and compassionate considerations. You should not be eligible to apply for PR through standard PR pathways, and only exceptional circumstances will be considered.
Forthcoming Changes To Citizenship By Descent
How Canada will handle citizenship by descent moving forward remains up in the air.
In 2009, the Canadian federal government amended the Citizenship Act. The new legislation included a ‘second-generation cut-off,’ whereby Canadian citizens who acquired citizenship by descent when born abroad would not pass on Canadian citizenship by descent to their own children born outside Canada.
In December of 2023, the Ontario Superior Court of Justice declared the second-generation cut-off unconstitutional and instructed the federal government to amend the Citizenship Act to restore constitutionally. The Court provided the federal government a six-month grace period to revise the legislation. Since then, the federal government has not introduced the corrective legislative changes, and it has granted three extensions to the original deadline. The latest extension, as of the time of writing, pushed the deadline to March 18, 2025.
In May of 2024, the government unveiled Bill C-71, which would allow citizenship by descent for Canadians born abroad provided that the present passed a ‘substantial connection to Canada’ test – defined as having lived in Canada for at least 1,095 prior to the birth or adoption of their child.
However, since Prime Minister Justin Trudeau resigned as Liberal Party leader in early January 2025, Parliament prorogued. This implies that the current session of government has ended, and all ongoing legislative business – including bills that have not yet passed – is terminated.
There is a potential for Bill C-71 to be reintroduced after Parliament resumes session, but as of right now, the future of Canadian citizenship by descent remains relatively uncertain.
If the federal government once again misses the deadline, the Ontario Superior Court of Justice might choose to extend the deadline once more.
If an extension is not granted, the Ontario Superior Court of Justice could read down or strike down the problematic sections of the legislation, effectively nullifying the second-generation citizenship by descent cut-off rule.
Striking down essentially means that the specific provisions brought forth will be declared invalid and enforceable. The second-generation cut-off would be rendered inoperative.
If the court read down the offending portions, that means it would interpret or modify the provisions to make them consistent with constitutional requirements, which would involve narrowing their scope of application.
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