There is an application for people applying for a direct grant of citizenship under the adoption provisions of the Citizenship Act who were or will be adopted by a Canadian citizen. For adoptions that took place prior to January 1, 1947, the person had to have at least one adoptive parent who became a Canadian citizen on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador for adoptions that took place prior to April 1, 1949).
The adopted person:
- must not be a Canadian citizen, and
- must have at least one (1) adoptive parent who, at the time of their adoption, was or is a Canadian citizen, or for adoptions that took place prior to January 1, 1947, the person had to have at least one adoptive parent who became a Canadian citizen on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador for adoptions that took place prior to April 1, 1949),
- not be subject to the first generation limit to citizenship by descent (unless eligible to benefit from one of the exceptions to the first generation limit), and
- meet the requirements of the Citizenship Act.
The first generation limit to Canadian citizenship by descent applies to foreign-born individuals adopted by a person who was a Canadian citizen at the time of the adoption, as well as to those whose adoption took place prior to January 1, 1947, by a person who became a Canadian citizen on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador for adoptions that took place prior to April 1, 1949). This means that children born outside Canada and adopted by a Canadian citizen are not eligible for a grant of Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act, if:
- their adoptive Canadian citizen parent was born outside Canada to a Canadian citizen; or
- their adoptive Canadian citizen parent was granted Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act
unless their adoptive Canadian citizen parent or grandparent was employed as described in one of the following exceptions to the first generation limit:
- at the time of the person’s adoption, either of the person’s adoptive parents was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person (a Crown servant);
- at the time of either of the adoptive parents’ birth or adoption, one of their parents (the adopted person’s grandparents) was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person (a Crown Servant).
The category of adopted persons includes:
- adopted persons who are minors (under 18 years of age) at the time of application
- persons who were adopted as minors but are adults (18 years of age or older) at the time of application, and
- persons who were or will be adopted as adults.
** Strictly taken from www.cic.gc.ca
A Canadian Certified Immigration Consultant, Certified Senior Advisor and a Notary Public in the City of Burnaby, Editha Corrales Nelson’s preferred areas of practice are Powers of Attorney, Wills Preparation, International Legal Documents, Name Changes, Affidavits, Letters of Invitation, Statutory Declarations, Drafting of Business Contracts and other notarial services. For an appointment, please call: 604-777-2757.
The following should not be construed as providing legal advice and information in this column is intended only as a general guide and should not be applied to specific circumstances without further consultation. For more information on the subject, contact Editha Corrales Nelson at 604-777-2757 or email: corrales@shaw.ca.
