Chapter CP 4 - Grants

Section 2 - Minor's application for citizenship-5(2)(a)

2.1 This section is about

• an application filed on behalf of a minor (person under 18 years of age).

2.2 Authorities

2.3 Requirements

The minor must be:

• the child of a Canadian citizen
• a permanent resident of Canada.

2.4 Prohibitions

The minor must not be subject to the prohibitions contained in section 20, 21 and 22 of the Act.

2.5 Policy

The application for citizenship may be:

concurrent-filed at the same time as an application for a parent or parents is filed

or

non-concurrent-filed after at least one parent is a citizen.

2.6 Concurrent applications

When an application is submitted at the same time as an application for one or both parents:

• process the applications together
• schedule the family to attend the citizenship ceremony and take the Oath together.

2.7 Non-concurrent applications

Canadian citizen parents can make an application for the grant of citizenship on behalf of a minor.

If the minor is under 14 years old when the application processing is complete, CPC-Sydney grants citizenship and sends the certificate to the applicant's last-known address.

If the minor is 14 years old or older, the local citizenship office grants citizenship and schedules the minor for a citizenship ceremony.

2.8 Signature on application for a minor under 14

The application form for a minor under 14 years old must be signed and dated by:

either parent

or

a legal or de facto guardian

or

any other person having legal custody of the minor.

2.9 Signature on application for a minor over 14

A minor 14 years old or older must countersign the application. Either parent, a legal or de facto guardian, or any other person having legal custody of the minor, must also sign the application.

2.10 Documents with application

The application for a grant of citizenship for a minor must include:

• the minor's IMM 1000
• acceptable proof of the date and place of birth of the minor
• two pieces of personal identification for the minor, unless the minor is not of school age
• acceptable proof of parentage
• acceptable proof that one or both the minor's parents are Canadian citizens, if the application is not filed concurrently with one or both parents
• two citizenship-size photographs of the child - if the child is 14 years old or older, he or she must sign the photographs.

2.11 Documents proving parentage

Acceptable documents to prove parentage are:

• the minor's birth certificate showing name(s) of parent(s)
• an adoption order showing name(s) of adoptive parent(s)
• parent's passport, if the child is listed on the passport
• IMM 1000 or FOSS if the minor is a refugee and either or both parents are listed on the IMM 1000 or FOSS.

2.12 Documents showing parent's citizenship

Acceptable documents showing parent's citizenship are:

• a parent's birth certificate confirming the parent's birth in Canada
• Registration of Birth abroad certificate
• a parent's Canadian citizenship certificate
• a parent's current and valid Canadian passport if the passport was submitted with the application.

2.13 No language or knowledge requirements

Applicants under 18 years old are not required to demonstrate adequate knowledge of either French or English, knowledge of Canada, or the rights and responsibilities of citizenship.

2.14 Exception

A minor applying as an adult must demonstrate an adequate knowledge of either French or English, knowledge of Canada, and the rights and responsibilities of citizenship. Related Topic: See section on minor applying as adult under section 5(1).

2.15 Granting a concurrent application

If the application for a minor is filed concurrently with one or both parents, grant the minor's application only AFTER the parent's application is approved and the parent has taken the Oath of citizenship.

If the Judge does not approve the application from the parent claiming parentage, the minor's application cannot be granted. There is no refund of the minor application fee.

2.16 Application not filed concurrently

If the application for a minor:

is not filed concurrently with the one or both parents, but one or both parents is/are a citizen

AND

the minor is under 14 years old when processing of the application is completed

THEN

CPC-Sydney grants citizenship and mails the certificate to the applicant's last-known address.

2.17 Who may apply for child

Only a legal guardian may apply for citizenship on behalf of a child. A legal guardian is usually the parent unless another person has been given guardianship over the child.

2.18 When a legal guardian may apply

A legal guardian, other than the parent may apply for citizenship on behalf of the child ONLY when the parent is already a citizen of Canada. Example: Parent was a citizen but is deceased or resides in another country. Legal guardian may apply on behalf of child. If a child's parent is not a citizen or is not applying at same time to become a citizen, then the child cannot become a citizen.

2.19 Taking the Oath

Minors under 14 years old are not required to take the Oath of citizenship.

Minors 14 years old and older who are not prevented from taking the oath because of mental disability must take the Oath. See Waivers.

Make sure that the parent or parents and the minor are not prohibited from taking the Oath under Sections 20 and 22 of the Act.

A minor outside Canada can take the Oath before a foreign service officer.

Once the minor has taken the Oath, he or she must sign the Oath form.

2.20 Minor will be 18 before taking Oath

If a minor will turn 18 before citizenship is granted, CPC-Sydney will tag the file URGENT and try to process the applications of the parents and the minor before the minor turns 18.

2.21 Minor turns 18 before citizenship is granted

If the minor turns 18 before citizenship is granted, he or she must apply again as an adult. The file is processed as an URGENT file. The applicant must pay the difference in the fee between the application for a minor and the application for an adult. See Chapter 1 on Fees and Refunds.

2.22 Prohibitions

Permanent resident status is verified for all minor applicants. For minors under 16, criminal and security clearances are not requested. Clearances are required for minors 16 years old and older. If there is an indication of a prohibition for a minor, refer the applicant's file to Case Management Branch. See Prohibitions and clearances.