Exceptions to change of name requirements

Clients residing in Canada may change their given name(s) to a name of their choice on IRCC-issued documents if their situation falls under the specified circumstances outlined in the exception to the naming policy.

These procedures enable clients who meet or have met the IRCC requirements for a change of sex or gender identifier to change their given name(s) even if they do not meet IRCC’s standard requirements to change their name.

On this page

• Document requirements
• Verification of status as an identity-linking document
• Processing examples

Document requirements

Only permanent residents and protected persons are eligible to obtain a change of name under the policy. To grant a change of name, IRCC will rely on a statutory declaration from the client in addition to the completed application for a new or replacement document. The statutory declaration must be administered and signed by 1 of the following:

• a notary public
• a commissioner of oaths
• a commissioner of taking affidavits

Permanent residents

Permanent residents must submit the following documents for IRCC to grant a change of name under the policy:

• A statutory declaration confirming that the individual is unable to meet IRCC’s standard requirements to change their name because they are unable to obtain a change of name under provincial or territorial legislation where they reside and because either
  • the individual is unable to obtain the required amended documents from their country of nationality for reasons beyond their control (for example, war or natural disaster) or owing to undue hardship (for example, foreign residency or financial requirements to obtain a name change are too onerous to be met by them); or
  • the individual is unable to meet IRCC’s standard requirements to change their name because they are stateless.
• A completed application to get, renew or replace a permanent resident card (IMM 5445), and pay the associated fees.

If the client currently has an application in process, they must update IRCC using the IRCC contact web form and attach the statutory declaration.

Protected persons

Protected persons, including successful refugee claimants, must submit the following documents for IRCC to grant a change of name under the policy:

• A statutory declaration confirming that the individual is unable to meet IRCC’s standard requirements to change their name because they are unable to obtain a change of name under provincial or territorial legislation where they reside.
• If the protected person is applying for permanent residence, they must also submit a completed application to get, renew or replace a permanent resident card (IMM 5445) and pay the associated fees.
• If the protected person holds a valid work permit or study permit, they must submit an application for a new document, and pay the associated fees.

If the client currently has an application in process, they must update IRCC using the IRCC contact web form and attach the statutory declaration.

Verification of status as an identity-linking document

Clients who have already received a change of name or gender identifier, or who are applying for a change of name under this exception, are eligible to obtain a verification of status. For a $30 fee, the verification of status will include a standard remark to link their previous name or gender identifier to their new name or gender identifier.

Clients and officers should refer to Verification of status as an identity-linking document for more information.

Processing examples

The following are examples that meet the requirements for a client to have their given name changed under this exception.

Example 1: Permanent resident

A client was born under the identity of John Doe with the sex or gender identifier “male” on their foreign passport or travel document. The client became a permanent resident of Canada and has been living as a woman with the assumed given name Jane, to the extent possible, in day-to-day life.

Although she is able to meet the IRCC requirements to change the sex or gender identifier on her permanent resident card (PR card), she is unable to meet the IRCC standard requirements to obtain a change of name for the reasons outlined in the specified circumstances of the exception to the naming policy.

Along with a completed application to get, renew or replace a permanent resident card (IMM 5445), the client has provided a statutory declaration stating all of the following:

• Although her official foreign travel document lists her identity as a male with the name John Doe, she is a transgender person who is unable to obtain a legal change of name in the province where she resides because eligibility for such changes is limited to Canadian citizens.
• She wishes to have her documents reflect her gender identity with her preferred female given name(s).
• In order to change her name in her country of nationality and on her foreign national travel document, she must reside there for a period of one year, which would disrupt her employment (causing undue hardship) and put her at risk of personal injury.

The client has also provided documentary evidence of the residency requirement in her country of nationality.

Example 2: A protected person without permanent residence status who holds a valid work permit

A client was born under the identity of Jane Doe with the sex or gender identifier “female” on their foreign passport or travel document. The client came to Canada, made a successful refugee claim and is currently a protected person with a valid work permit. The client has been living as a man in Canada and using the assumed given name John, to the extent possible, in day-to-day life.

Although John is able to meet the IRCC requirements to change the sex or gender identifier on his verification of status document for protected persons from “female” to “male,” he is unable to meet the IRCC standard requirements to obtain a change of name on his work permit for the following reason:

• He is unable to change his name in his province or territory of residence, in this case because the provincial law only allows name changes for Canadian citizens.

Along with a completed application form for a new temporary resident document, the client has provided a statutory declaration stating the following:

• He is unable to obtain a legal change of name in the province where he resides because eligibility for such changes is limited to Canadian citizens.