If you have a question that isn't addressed here, please contact us. We will add to the FAQs as we get new information.
Q. We have applied for Direct Citizenship for our child. Should we send the Part 2 Application or present it in person at the Overseas Visa Office?
A. Citizenship and Immigration Canada (CIC) does not advise parents to submit the Part 2 Application in person at the Visa Office as this will not speed up processing. To avoid unnecessary expense and disappointment, parents should not plan to return to Canada with their adopted child until they know with certainty that all citizenship requirements have been met.
Q.Will the Citizenship Certificate for my child have the child's birth name or the name we give to the child on it? If it is the birth name, what happens?
A. The name to appear on the adopted child's Citizenship Certificate will be the child's legal name at the time Citizenship is granted. If the adopted child's name is legally changed during the adoption process, the Citizenship Certificate can be issued with the new name. If the adopted child's name is legally changed after the adoption process is complete and after Canadian Citizenship is granted, the adoptive parents will need to apply for a replacement of the Citizenship Certificate in order to have the Certificate issued in the child's new name.
In general, if the child's name is changed before being granted Citizenship, CIC will accept the following supporting documents in order to issue the Citizenship Certificate in the new name:
1. The Adoption Order showing the new name;
2. A Provincial legal change of name document; or
3. A legal name change document issued by the appropriate authority of the country of residence.
If the adopted child's name is changed after being granted Citizenship, CIC will accept a provincial legal change of name document when processing an application for the replacementof the child's citizenship certificate.
Q.What if the Citizenship Certificate has the wrong birth date for the child?
A. This is not so easy and the answer may vary from province to province. In most provinces however, the Supreme Court Rules will allow applicants to ask the court for a Declaratory Judgment on an issue.
The date of birth,which appears on the adopted child's Citizenship Certificate, is based on the child's identity documents, such as the adoption order, available at the time Citizenship is granted. CIC cannot issue the Citizenship Certificate witha different date of birth.
If the parent is issued a provincial or territorial court order that legally changes the child's date of birth, the parent can apply for a replacement of the child's Citizenship Certificate and use this provincial or territorial document as a supporting document for the change of birth date.
Q.How many times has the new Citizenship process been used so far?
A. As of July 1, 2008 the Province of British Columbia had issued 10 LONO's for Citizenship for BC residents adopting. They have gone to various countries, with Ethiopia being the most common at 3.
Q. I've read on a chat line that if our child's application for citizenship is turned down, that we can apply again under the Permanent Resident Visa Process (that way we can get a right of appeal). Is that correct?
A. Yes, although it doesn't say that anywhere on the CIC website. The CIC Call Centre confirms that this is possible, but points out that the same issues will be considered in the Permanent Resident application. You will however, have a right to appeal a refusal of a Permanent Resident Visa (and then have the same issues considered at an appeal level).
Q. Are the fees the same whether I use the permanent residence (immigration) or citizenship process for an adopted child?
A. Click Here for CIC website.
Q. I have applied to sponsor my adopted child for permanent residence (immigration) and I want to apply for citizenship instead. Can I switch my application?
A. Click Here for CIC website and Here for part 2 of the answer.
Q. How long does the Permanent Residence process take?
A. We recently canvassed our adopting parents to see how long the process is taking. After obtaining the permanent resident visa, and then applying for citizenship, the timeframe ranges between two months and six months, with more responses at the longer end than the shorter end.
Q. Can I do both processes at the same time and get a refund on one of them?
A. The question is answered in detail on the Immigration Canada website at Question 13 and 14 (see links in preceding question above). In short, you cannot switch your application from one to the other, but you can file (and pay for) two separate applications. CIC will decide the citizenship application before the Permanent Resident Visa application. If successful, you might get a refund on the Permanent Resident application.
Q. If I apply for direct Canadian citizenship and my application is refused, can I appeal the decision?
A. No. There is no appeal process from a refusal for direct citizenship. The Canada Immigration website, however, points out that you can apply instead for a judicial review of the decision in the Federal Court of Canada. If you do that however, you will be fighting the Government of Canada lawyers in Court with their unlimited resources (an intimidating prospect). Depending on what happens, your legal fees may cost over $20,000 (since the Permanent Resident Visa process, on the other hand, has a built-in appeal process, it makes you wonder why anyone would choose the direct citizenship process).
Q. Is the criteria for a grant of citizenship for an adopted child different from the criteria for a permanent residence?
A. Immigration Canada has set out an extensive answer to this question on its FAQ's site. It is important to understand the distinctions between the two. It also answers the question of what happens if the child has already become 18 years old when the adoption happens.
Q. We are both permanent residents of Canada and are going to adopt overseas. Can our child obtain Canadian citizenship under either process?
A. Not immediately. You should use the Permanent Resident process and then when you (the adults) apply for Canadian citizenship, your child can apply at the same time.
Q. What date is the new citizenship process coming in force?
A. Bill C-14 was given Royal Assent by parliament on June 22, 2007. On December 23, 2007, the Minister of Citizenship and Immigration announced that the new law is in force.
Q. Will the law provide "Automatic Citizenship" for children adopted abroad?
A. No, it will not. Adopting Parents will have to apply for citizenship and submit evidence to meet the tests required by the immigration officer.
Q. Will all children be able to get citizenship before returning home?
A. No, it only applies if there is an order for an adoption before coming home. For details see the article Citizenship for Adopted Children.
Q. How do I decide whether to use the new overseas citizenship procedure or the old immigration procedure?
A. You should do 3 things:
- Read the helpful Citizenship and Immigration Canada webpages:
Choosing the citizenship process or the immigration process
and
What are the differences between the processes? - Read the article on the Sunrise website Citizenship for Adopted Children. This article will be updated as information on the new system becomes available.
- If you are working with an adoption agency you should ask their advice. They will likely have prior experience with adoptions from specific countries.
Q. Can I opt out of the new citizenship process?
A. Yes the new system is optional. You can opt out and obtain a Permanent Resident Visa first and then citizenship later.
Q. Do we do this through Sunrise or on our own?
A. Adoptive parents complete the process, dealing directly with the Ministry of Citizenship and Immigration Canada.
A. Essentially they're all the same process. A permanent resident visa is the new name for what used to be called landed immigrant visa. On the current Canada Immigration website, the term used is Immigration Process. For consistency,we are using the term Permanent Resident Visa. To keep it simple, there are basically two processes now. The direct citizenship process and the permanent resident visa process. If the applicant is successful, both of these processes ultimately lead to Canadian citizenship.
Q. Citizenship Process. I decided to apply for direct Canadian citizenship. What do I do?
A. It's a two-part process. First, you have to apply to the Canada Immigration Office in Sydney, Nova Scotia and prove that you are eligible for this option. Download the form and mail it in with the fee ($100). You have to prove that one of the propective parent applicants is a Canadian citizen. You do this by submitting evidence of that. You will then receive in the mail the forms that you must take to the Canadian Embassy overseas. At the Embassy you will also have to produce the final adoption order and the child's identity documents. You will also have to supply the provincial Letter of No Objection (or Notification of Approval in Hague countries), as well as any other proof that the citizenship officer requires in order to be sure that the adoption complies with international adoption agreements. (For more information about these, read our article Citizenship for AdoptedChildren.
Q. ConflictingAdvice. I have been calling the immigration officers and receiving conflicting advice. Other people I know are receiving different advice than what I received.
A. International adoption laws and procedures are complex, and there are many versions of how the new Canadian citizenship law for adopted children will apply to a particular situation. It will take some time for everyone to fully understand how it applies, or how it will be used, in each country in the world. As a result, there will be some confusion until the interplay between international adoption law and the new citizenship law for adopted children is worked out
To add to the confusion, one agency is reporting that all the overseas visa officers they have spoken with do not recommend applying under the direct citizenship legislation while the child is living abroad (see Canadian Citizenship Process For Adopted Children by Deborah Northcott).
Immigration officials on the hotline here in Canada are recommending widely that parents go the direct citizenship route, while visa officers overseas are apparently saying don't do it. No wonder there's confusion.
Q. The new regulations require "a Competent Authority of the province in which the adopting parent resides to state in writing that it does not object to the adoption". How will this happen?
A. The procedures will be the same as they are now with the permanent resident visa process. Canada Immigration will use the Letter of No Objection from the province (or Notification of Agreement in Hague countries) as part of their criteria indeciding whether to grant a child Canadian citizenship.
Q. Canadian Passports. If my child is granted Canadian citizenship overseas, will I get a Canadian passport at our Embassy?
A. You will be issued one of the following three documents:
- A temporary passport valid for a short period of time;
- A Canadian passport that has limited validity, good for 3 years; or
- A facilitation visa (which will be stamped into the child's foreign country passport). This facilitation visa will cost $75.
Q. China. We are adopting from China and have obtained an immigration ID number for the Permanent Visa process. The immigration official has urged us to abandon this process and apply directly for citizenship. Should we do this?
A. The Canadian Embassy in Beijing is likely the most efficient Embassy in the world for issuing permanent resident visas for children. It is almost machine-like in its process. Parents go for the immigration medical on Monday, and fly home on Friday. Parents are invariably part of a group, and the group receives their visas and travel home together. If the Canadian citizenship can be issued within the same 3-dayperiod in Beijing, then it will likely be a useful process for adopting parents.
Q. China - name change. The adoption order in China is in our daughter's Chinese name. What name will the Permanent Resident and visa or citizenship be in? Will we have to apply for a legal name change in Canada?
A. If you apply for Permanent Residency then the Permanent Residency Visa is in the child's Chinese name. British Columbia parents can obtain a Medical Health Card in the child's Canadian name and submit that as proof when applying for citizenship (without having to apply for a legal name change). Other provinces may have different rules.
On the other hand, if you apply for direct citizenship in Beijing, you are given a form to fill out stating what Canadian name you intend to give your child. A facilitation visa is then put in the child's Chinese passport and you will need to provide a legal name change after you get home in order to obtain the citizenship in that name.
Q. Haiti. The Canada Immigration Official has advised me that I should go straight to direct citizenship for the child I am adopting from Haiti. Apparently, I can do that with the final adoption order and a birth certificate. He says I do not need the child's Haitian passport. It takes about 2 ½ weeks to obtain the Haitian passport, so theoretically I could save this amount of time. I have already applied to sponsor the child and have my immigration ID number. Should I abandon the sponsorship process and go direct to citizenship?
A. It is currently taking about two years to complete an adoption from Haiti, so the answer depends on how close you are to the final step. If you have some time until you go to Haiti, I would take the cautious approach and wait and see what happens in the Canadian Embassy in Haiti over the next little while. If it turns out that the Embassy issues the citizenship and Canadian passport within a few days, then you can consider changing to the direct citizenship process.
Many countries however, will not let their children leave the country without a passport of that country. It helps to control child-trafficking. So, even if the child does not need a country of origin passport to enter Canada, a Haitian passport may be needed to leave Haiti. You should check this our before making a decision. Please let us know the answer.
Q. Ukraine. I have an immigration ID number. My immigration lawyer told me not to complete the permanent resident visa process and to change to the citizenship process. I am adopting from Ukraine.
A. You are early in the adoption process, and at this point can take a "wait and see" approach. If you wish to go directly to citizenship application, you will need to apply for approval to the CIC office in Sydney, Nova Scotia based on the fact that at least one adoptive applicant is a Canadian citizen (that process will take sometime so don't wait until the last minute to do it). I wonder if your lawyer realizes that there is no appeal process in the direct citizenship route. If the citizenship officer denies Canadian citizenship to your child, then it's over. On the other hand, if you remain in the permanent resident visa pathway, there is an appeal process available to you if the request for a visa is denied. Lawyers usually prefer routes that have an appeal process in the event of an arbitrary or unfair decision.
Q. India. I would like to adopt an identified 2-year old child from India. The immigration officer has said I can use the new citizenship process and go right to citizenship by applying at the Embassy when I am in NewDelhi. Can I do this?
A. The new direct citizenship process is not available unless there is a final order for adoption in the foreign country. Many adoption orders in India (actually most orders) are guardianship orders, and not final adoption orders. As a result, the new process would not be available to you in India (unless you can obtain a final adoption order there).
Q. USA. I am adopting a child from the USA. The immigration officer is advising me to abandon the immigration process and go straight to citizenship ("Why go through all that extra paper?"). Should I dothis?
A. The answer is complex. In the USA, some states permit or require the finalization of the adoption to be done in their state. If your final order of adoption is going to be a "foreign adoption order" from a US state, then you can use the new law. (This represents a small minority of adoptions from the USA.) On the other hand, if your adoption will be completed in Canada, then you cannot use the new procedures. You must continue with theimmigration process. (This represents the majority of adoptions from the USA.)
Q. USA. The immigration official advised me to abandon my immigration process and go to direct citizenship process. Are there risks if we do this?
A. Several adopting parents have told us they have received this advice. Whether the direct citizenship process is available depends on whether the final adoption order takes place the USA. If you proceed with the direct citizenshipapproach, you will save the cost of the immigration medical for the child. The most important thing for most parents adopting from the USA is taking the route which protects and maintains the child's Canadian provincial health insurance until the child obtains Canadian citizenship.
Q. USA Changing Citizenship Process. I have come back from Florida with my child and the adoption will happen there in 2 months. Can I convert my application to the new citizenship process?
A. Yes, if your child is here on a permanent resident visa, you can convert to the direct citizenship route (because you will have a foreign adoption order). This answer also applies to adoptions from any other state or country where the adoption order is granted in the foreign country after the child is living in Canada.
Q. USA Okay, I have read all the materials and I'm still confused. Is the USA a Hague country, and should I use the permanent resident visa process or the direct citizenship process?
A. Until April 1, 2008 the US is not a Hague country. After that date it is a Hague country, although some people will be able to grandfather their files under the old rules (and have a non-Hague adoption). Most people adopting from the United States will use the permanent resident visa process, although for some adoptions they will be able to use the direct citizenship process. If you are just starting out and don't know where in the US you are going to adopt from, then use the permanent resident visa process.
Q. Mexico. We have applied under the old system to adopt a child from Mexico. Does that mean that we will not require a medical for the child?
A. In Mexico, the adoption order is a final order and you can use the new citizenship process. If you do not have to obtain an immigration medical for the child, it will likely reduce your time in Mexico (if the Canadian Embassy in Mexico City is efficient in issuing both the citizenship and the Canadian passport to your child). You will, however, have to obtain a Mexican passport for the child.
Q. Philippines. I am a Canadian resident living in the Philippines for many years. While here, I adopted a child. I want to come home to visit my family in Canada and bring my daughter with me. I applied for direct Canadian citizenship for my daughter at the Canadian Embassyin Manila. I was refused and told that I had to come home to Canada, complete a homestudy and obtain a Letter of Approval pursuant to the Hague Adoption Convention from the British Columbia government prior to applying for citizenship under the new law. I am prepared to do this and spend four months in Canada, but I will have to leave my daughter behind.
A. If this is the interpretation that the citizenship officers are putting on the new law, then it represents a giant step backwards for expatriate adopting parents. Since the McKenna Charter of Rights case, Canadians living abroad have been able to obtain citizenship for their adopted children at Canadian Embassies abroad, on presentation of an Adoption Certificate. To now require adopting parents under the new law to leave their childin a foreign country and come to Canada for a homestudy and Hague authority approval seems an absurd step to take. In the process, many applicants will possibly lose their jobs in the foreign country. Unfortunately under the new law, there is no appeal from a decision to deny an application forcitizenship.
Q. Dual Citizenship. When my child is granted Canadian citizenship, can he keep the citizenship of the country he was born in?
A. The answer is yes for most countries. Canada Immigration permits dual citizenshipand has posted an information webpage at Dual Citizenship. Some countries (China, for example) require that children forfeit their original citizenship if they take out Canadian citizenship. Parents should be aware,however, of whether their child's country of birth has a military draft or compulsory call-up or required military training times. Children with dual citizenship living in Canada may be subject to foreign military drafts, even though they have not lived in that country since birth.
Q. Canadians Living inUSA. We are Canadians living in the USA. Can we use the new citizenshipprocess to help us adopt there?
A. Yes, if you adopt a child born in the USA. It's much more complex, however, if you intend to adopt a child born elsewhere. US Immigration does not normally allow a couple living in the US to adopt a child overseas and bring that child to the United States, unless one of the parents is a US citizen. If, as Canadians,you adopt a child in a third country and obtain Canadian citizenship, the question is whether the US will permit you to bring that child (now a Canadiancitizen) into the USA. Before embarking on this course, you should obtain some expert US immigration legal advice froma US attorney specializing in this area of law.
Q. AIDS . Can a child who is HIV positive or a child who has AIDS be granted citizenship?
A. Children with HIV/AIDS are not considered to present a threat to public health or safety in British Columbia. If all other requirements are met a child with HIV/AIDS will be issued a Permanent Resident visa or citizenship. (Note: Provinces other than British Columbia may have a different opinion)
Q. Down's Syndrome. Will Canada Immigration allow us to adopt achild with Down's Syndrome internationally?
A. Yes. The question is whether the province you live in will issue a Letter of No Objection to Canada Immigration. The answer is identical to the HIV (AIDS) question immediately above. Since you live in British Columbia, theanswer is yes.