Chapter CP 4 - Grants

Section 3 - Minor applying as adult under section 5(1)

3.1 This section is about

the procedure for a minor applying for citizenship as an adult.

3.2 Authorities

3.3 Guideline

It is rare for a minor to apply for a grant of citizenship as an adult.

Judges must review an application by a minor applying as an adult for waiver consideration under section 5(3).

Refer a waiver consideration for a minor applying as an adult to Case Management Branch for a decision.

3.4 Basis for approval

Only approve applications for minors applying as adults when the Minister grants a waiver of the requirements.

See Waivers.

Application

3.5 Adult application form used

A minor applying as an adult for a grant of citizenship completes the adult application form.

3.6 Minor must sign

A minor 14 to 17 years old and who is applying as an adult must sign the application form.

3.7 Additional information needed

Along with the adult application form and required documents, the minor must provide the following additional information.

• Full names, dates and places of birth for his or her natural parents
• full name, date and place of birth for his or her legal guardian or guardians
• reason for applying as an adult.

3.8 CPC-Sydney requests documents

If CPC-Sydney receives an application from a minor applying as an adult without the required information, CPC-Sydney asks the applicant for the additional information.

3.9 Documents needed

The applicant must provide:

• a photocopy of a Certificate of Identity, a Travel Document, or a passport
• the minor's IMM 1000
• two separate pieces of identification
• information and documents about the guardianship, or lack of guardianship.

3.10 Fee

The application must include the $200 fee. If citizenship is not granted, $100 is refunded. See Citizenship fees, Chapter 1.

3.11 Procedure and process same as adult

The mail-in procedure and process for a minor applying as an adult is the same as for an adult.

The only difference is the need for additional information and the need for a judge to make a recommendation for waiver if judge wishes to approve application.

3.12 Same clearance procedure

The clearance procedure for a minor applying as an adult is the same as the clearance procedure for an adult applicant.

Related Topic: See chapter on Prohibitions and clearances.

Waivers for minors

3.13 Minor won't meet requirements

A minor applying for citizenship as an adult will not meet all the requirements for citizenship.

Citizenship judges must consider a waiver of the requirements the minor does not meet.

3.14 Compelling reasons to waive requirements

Usually, requests for a waiver are accepted if the minor requires citizenship for:

• social benefits
• employment
• educational purposes
• education aid
• urgent travel on a Canadian passport.

3.15 Residence requirement rarely waived

The residence requirement for citizenship is rarely waived. The Minister may waive the residence requirement in special circumstances for minors.

3.16 Age, knowledge, and language requirements may be waived

The Minister may waive the age, language, or knowledge requirements for a minor applying as an adult.

3.17 Oath waived for minors under 14

The Minister automatically waives the requirement to take the Oath for minors under the age of 14 applying as adults. For minors 14 or over there must be a compelling reason to waive the Oath requirement.

3.18 Waiver of oath because of mental disability

You must have no doubt that the applicant clearly understands what is involved in becoming a Canadian citizen. This includes the possible effect of becoming a Canadian citizen, such as the loss of other nationality or succession rights.

Only the Minister can waive the Oath requirement.

3.19 Minister’s delegate

Officers in Case Management Branch act for the Minister in cases of waivers for minors. Refer all applications to Case Management Branch where judge recommends a waiver for minors.

Scenarios

3.20 Orphan with legal guardian

An orphaned minor applicant with a legal guardian must:

• provide evidence that his or her natural parents are dead
• sign the application, if 14 or over have the legal guardian sign the application
• include a copy of the document confirming legal guardianship
• explain and support any request for a waiver.

3.21 Orphan without legal guardian

An orphaned minor applicant who does not have a legal guardian must:

• provide evidence that his or her parents are dead
• sign the application, if 14 or over
• have the de facto guardian countersign the application
• include one of the following documents
  • an affidavit of de fact guardianship that describes the minor applicant's circumstances
  • documents from Revenue Canada supporting the de facto guardianship, including child tax benefit
  • school records supporting the de facto guardianship
  • explain and support any request for a waiver.

3.22 Parents living, applicant has legal guardian

If the applicant's natural parents are living, and the applicant has a legal guardian, the applicant must:

• sign the application, if 14 or over have the legal guardian
• countersign the application
• include a copy of the document confirming legal guardianship
• explain and support any request for a waiver.

3.23 Parents living, no legal guardian

If the applicant's parents are living and there is no legal guardian, the applicant must:

• sign the application, if 14 or over
• have the application countersigned by the de facto guardian
• include an affidavit from one or both parents saying that the parents want the minor to become a Canadian citizen
• include one of the following documents:
  • an affidavit of de fact guardianship that describes the minor applicant's circumstances
  • documents from Revenue Canada supporting the de facto guardianship, including child tax benefit
  • school records supporting the de facto guardianship
  • explain and support any request for a waiver.