Chapter CP 4 - Grants

Section 1 - Grant of citizenship—sub-section 5(1)

1.1 This section is about

• the grant of citizenship to an adult non-citizen.

1.2 Authorities

1.3 Requirements of the Act

The requirements to be met are found in sections 5(1)(a), (b), (c), (d), (e) and (f) of the Citizenship Act.

1.4 Prohibitions

The applicant must not be subject to the prohibitions contained in sections 20, 21 and 22 of the Act. See chapter on Prohibitions and clearances.

1.5 Waiver of the requirements

Section 5(3) of the Act says that certain requirements of the Act may be waived by the Minister. See chapter on Waivers.

1.6 Grant of citizenship - 5(4)

To alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada, the Governor in Council may direct the Minister to grant citizenship to any person. If an applicant does not meet the requirements for citizenship, the judge will consider making a recommendation to the Minister for a discretionary grant of citizenship.

1.7 Form

Each applicant must submit an Application for Canadian Citizenship. The grant form for a minor is different than that of an adult.

1.8 Fee

Each application must include the non-refundable processing fee and the Right to Citizenship fee. The Right to Citizenship fee is refunded if the applicant does not acquire citizenship. See Chapter 1, Section 3 Fees and refunds.

1.9 Documents

Each application for a grant of citizenship must include photocopies of the following: Immigration record of landing ( IMM 1000)

• two pieces of personal identification, such as a driver's license, bank card, medical card, etc.
• other documents may be required depending on the individual case

Other documentation that may be required, if applicable, are (list is not exhaustive):

• passport or travel document used to enter Canada, and any passport (s) issued after entry to Canada. If a passport is necessary, the applicant must submit photocopies of ALL the pages of the passport (s), even if the pages are blank.
• birth certificate
• marriage certificate (s)
• legal name change certificate, deed poll
• court report
• fingerprints
• immigration amendment form confirming amendment of name or date of birth on immigration record
• any other documents a citizenship officer or judge feels are necessary to confirm that the applicant meets the requirements of the Act.

1.10 Translation of documents

Any document that is not in English or French must be accompanied by the English or French translation and by an affidavit from the person who completed the translation. See section on Translation of foreign documents.

1.11 Photographs

The applicant must provide two identical citizenship-size photographs with his or her application. Each application includes photograph specifications and a photo envelope. Check to make sure that the applicant has signed his or her photographs and the signature matches the applicant's signature on the application. See Specifications for photographs.

1.12 Age Requirement-paragraph 5(1)(a)

The age of majority for citizenship is 18. However, a 17-year-old could apply under 5(1) and meet the age requirement by the time the file referred to a judge for decision. See Minor applying as adult under section 5(1).

1.13 Applicant sign and date form

The application must be signed and dated by the applicant.

1.14 Oath

An applicant who has been granted citizenship under section 5(1) must take the oath of citizenship, unless the requirement to take the oath has been waived. See chapter on waivers.

The oath must be administered in Canada by a person authorized to administer the oath of citizenship.

1.15 Abandonment

There is no provision for the non-approval of an application for failure to appear for a test or oral interview. However, the application may be considered to have been abandoned. See section on Abandonment.

1.16 Related Topics

See sections on name, change in name, date of birth, changing date of birth.