Guide CIT 0009 - Application for Canadian Citizenship for a Person Adopted by a Canadian Citizen - Part 1 - Confirmation of Canadian Citizenship of the Adoptive Parent(s)

Table of Contents

• Overview
• Before you apply
• Step 1. Gather the documents
• Step 2. Complete the application
• Step 3. Pay the fees
• Step 4. Mail the application
• What happens next?
• Need Help?

This is not a legal document. For legal information, refer to the Immigration and Refugee Protection Act and Regulations or the Citizenship Act and Regulations, as applicable.

This application is made available free by Immigration, Refugees and Citizenship Canada (IRCC) and is not to be sold to applicants.

This publication is available in alternative formats upon request.

Before you apply

Two-part application process

This application package is the first part of a two-part process.

Part 1 – Confirmation of Canadian Citizenship of the Adoptive Parent(s) is to confirm that at least one adoptive parent is or was a Canadian citizen at the time of the adoption or, for adoptions that took place prior to January 1, 1947, at least one adoptive parent 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) and is able to pass on Canadian citizenship to the adopted person.

Part 2 – Adoptee’s Application is to assess the adopted person’s eligibility for a grant of Canadian citizenship pursuant to section 5.1 of the Citizenship Act.

Once Part 1 of the application has been assessed, and if approved, we will communicate with you by mail to tell you when and where to submit Part 2 of the application. Do not send Part 2 of the application until you have received a decision letter from us indicating that Part 1 has been approved.

The adopted person

The adopted person is someone who:

• was or will be adopted;
• is not a Canadian citizen; and
• has at least one 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, has 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) and is not subject to the first generation limit or is eligible to benefit from one of the exceptions to the first generation limit.

The category of adopted persons includes:

• 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.

Amendments to the Citizenship Act limit Canadian citizenship by descent

On April 17, 2009, the rules for Canadian citizenship changed for persons born outside Canada and who were not already Canadian citizens when the rules changed.

These rules did not take Canadian citizenship away from any person who was a Canadian citizen immediately before the rules came into effect.

Since April 17, 2009, Canadian citizenship by birth outside Canada to a Canadian citizen parent (citizenship by descent) is limited to the first generation born outside Canada.

This means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009 and who were born outside Canada to a Canadian parent are not Canadian if their Canadian parent was also born outside Canada to a Canadian parent or was granted Canadian citizenship under the adoption provisions of the Citizenship Act.

This first generation limit to Canadian citizenship by descent also 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.

With regard to adoption, there are two exceptions to the first generation limit:

1. 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);
2. 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).

If you think that the first generation limit may apply to you or the adopted person, please contact us for further information (see: “How to contact us” at the end of this guide).

Persons who are not eligible for Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act, may be eligible to obtain permanent resident status in Canada and subsequently submit an application for Canadian citizenship either under subsection 5(2) in the case of a minor child (under 18 years of age) or under section 5(1) in the case of an adult.

If you think that this may apply to you and you would like more information, please contact us (see: “How to contact us” at the end of this guide).

Differences between a grant of Canadian citizenship under section 5.1 of the Citizenship Act and grants of Canadian citizenship under subsections 5(1) and 5(2) of the Citizenship Act

Persons who are eligible for Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act also have the option to become Canadian citizens through the regular Canadian citizenship grant process. The table below outlines the requirements which must be met for both types of Canadian citizenship applications.

The following table compares the differences between the two Canadian citizenship processes regarding the passing on of Canadian citizenship to future generations.

For more information on grants of Canadian citizenship under subsections 5(1) and 5(2) of the Citizenship Act, see: Determine your eligibility - Citizenship

In Canada, IRCC is responsible for matters relating to immigration, refugees and citizenship; however, the provinces and territories are responsible for adoptions.

As such, if you are considering adopting a person born outside of Canada it is strongly recommended that you contact your provincial or territorial adoption authority to get adoption information. If you reside outside of Canada, it is also strongly recommended that you contact the adoption authority of the country where you reside.

Who may submit Part 1 of the application?

The following persons may submit Part 1 of the application:

• a Canadian citizen who wants to apply for Canadian citizenship on behalf of:
  • a person they have adopted who is under 18 years of age; or
  • a person they will adopt in the near future who is under 18 years of age; or
• a person who is 18 years of age or older, was adopted or will be adopted by a Canadian citizen and wants to apply for Canadian citizenship; or
• a legal guardian or a non-Canadian citizen parent of an adopted person who is under 18 years of age who wants to apply for Canadian citizenship on their behalf, if the adopted person had at least one Canadian citizen parent at the time of adoption.

Quebec adoptions

Under the Civil Code of Quebec, adoptions from countries not party to the Hague Convention must be recognized by a court in Quebec. This step takes place only after the adopted person arrives in Quebec. However, Canadian citizenship can be granted to adopted persons destined to Quebec before they arrive in Canada, as long as a full adoption has been completed in the person’s country of residence. The central adoption authority of the Quebec government must first confirm to IRCC that the adoption meets the requirements of Quebec law governing adoptions before Canadian citizenship can be granted to the adopted person.

Possible loss of foreign citizenship

Step 1. Gather the documents

What documents are required?

This section identifies the documents that you will need to send with Part 1 of the application. Use and attach the Document Checklist: Part 1 – Confirmation of Canadian Citizenship of the Adoptive Parent(s) (PDF, 308.12KB) to ensure that your application contains all of the required documents.

Optional:

• Request form for a Change of Sex or Gender Identifier [IRM 0002] (PDF, 1.79 MB)

Crown Servants

The questions in this table will help you determine if proof of employment is required to demonstrate that one of the adopted person’s Canadian citizen adoptive parents or 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, at the time of their adoption or at the time of their adoptive parent’s birth or adoption.

Proof of parent or grandparent’s employment as a Crown servant

The employment document must be issued by the responsible authority (the employer) and contain the following information:

• Names of the Canadian citizen adoptive parent or of the parent of the Canadian citizen adoptive parent (the adopted person’s grandparent), as applicable; and
• Start date, employment duration and title of the position they held in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory; and
• Transfer date, employment duration and title of the position they held outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory.

Step 2. Complete the application

Filling out Part 1 of the application

Follow the step-by-step instructions below to complete the Part 1 application form.

The following is the form that must be filled out and submitted:

• Part 1 – Confirmation of Canadian Citizenship of the Adoptive Parent(s) [CIT 0010] (PDF, 1.57MB)

Optional:

• Request form for a Change of Sex or Gender Identifier [IRM 0002] (PDF, 1.79 MB)

Complete all sections of the application form. If a section does not apply to you, write “N/A” (“Not Applicable”). If your application form is incomplete, it may be returned to you and processing may be delayed.

You must submit a separate application for each adopted person.

Section 1

Question 1

Would you like to receive service (correspondence or interview) in English or in French? Check the applicable box to identify the official language in which you would like to receive service.

Section 2

Question 2A

Check the applicable box to identify who is applying on behalf of the adopted person:

• the adoptive parent, including a non-Canadian parent (for minors);
• the adopted person (if 18 years of age or older); or
• the legal guardian (for minors).

Note: A legal guardian or a non-Canadian parent may apply on behalf of an adopted person who is under 18 years of age if the adopted person had at least one Canadian citizen parent at the time of the adoption. If the adopted person is 18 years of age or older, they must complete and sign their own application.

Question 2B

Write the last name (surname/family name) and given name(s) of the person applying for the adopted person’s Canadian citizenship.

Question 2C

Write the complete residential address of the applicant, including the postal code and country.

Question 2D

Write the complete mailing address, including the postal code and country, if different from the residential address in question 2C. If the mailing address is that of a representative, you must write their mailing address in this section and complete the Use of a Representative form (IMM 5476).

Question 2E

Write the same address you entered in question 2D for your mailing address (or your residential address entered in question 2C if you have no mailing address) in the language of the country where you reside, if not in English or French (for example: Arabic, Cyrillic, Chinese, Korean, Japanese characters or Chinese commercial/telegraphic code).

Question 2F

Write all of the applicable contact details for where you can be reached, including:

• a home telephone number,
• a business telephone number,
• a cellular telephone number,
• a facsimile (fax) number, and
• an e-mail address.

Note: By indicating your e-mail address, you are hereby authorizing us to transmit all correspondence, including your file and personal information to this specific e-mail address.

If the contact details are those of a representative, you must write them in this section and complete the Use of a Representative form (IMM 5476).

Section 3

Question 3A

Write the following details of the adoptive parent(s):

• the last name (surname/family name);
• the given name(s);
• any other name(s) used (if applicable), including birth name, name(s) from previous marriage(s), aliases, nicknames, etc.; and
• the country and date of birth (year/month/day).

Note: If there are two adoptive parents, complete section 3 for both adoptive parents.

Question 3B

Check the applicable box to indicate whether or not the adoptive parent(s) is a/are Canadian citizen(s). If they are, indicate how they obtained Canadian citizenship, such as:

• by birth in Canada;
• by a grant of Canadian citizenship (other than a grant of Canadian citizenship under the adoption provisions of the Citizenship Act);
• by birth outside Canada to a Canadian citizen parent;
• by a grant of Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act; or
• by naturalization in Canada as a British subject, etc.

Also check the applicable boxes to indicate whether or not one (or both) of the adoptive parents was employed as a Crown servant at the time of the adopted person’s adoption. If yes, provide details of their employment.

Question 3C

Check the applicable box to indicate whether or not the adoptive parent(s) was/were ever issued (a) Canadian citizenship certificate(s).

If yes, write the certificate number(s), the last name(s) (surname/family name) and given name(s) as they appear on the certificate(s).

Question 3D

Check the applicable box to indicate whether or not the adoptive parent(s) resided outside Canada for more than one year before 1977.

If yes, write the dates (year/month) and destination(s) outside Canada where the adoptive parent(s) resided.

Question 3E

Check the applicable box to indicate whether or not the adoptive parent(s) is/are or was/were (a) citizen(s) of another country. If yes, write:

• the name of the country or countries;
• the date(s) the adoptive parent(s) became (a) citizen(s) of that country or those countries (year/month/day); and
• the means by which they obtained that citizenship or those citizenships (by birth in the country, through parentage, by naturalization, by marriage or other).

Attach a separate page if needed.

Question 3F

Note: Do not answer this question if the adoptive parent(s) was/were born in Canada. Proceed directly to question 3G.

If the adoptive parent was born outside Canada, check the applicable box to indicate whether or not one of his/her parents was a Canadian citizen at the time of his/her birth.

If the adoptive parent was born outside Canada, check the applicable box to indicate whether or not one of his/her parents was employed outside Canada as a Crown servant (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) at the time of his/her birth or adoption.

If you answered yes to either question, provide the following information for the adoptive parent's parents:

• last name (surname/last name);
• other names used (name at birth, if applicable);
• given name(s);
• country of birth;
• date of birth;
• details on how the adoptive parent's parents obtained Canadian citizenship; and
• details on the Crown service.

Also check the applicable boxes and provide the same information for the other adoptive parent's parents.

Question 3G

Check the applicable box to indicate whether or not one of the parents of the adoptive parent(s) was employed in Canada by a foreign government or international agency. If yes, write the name(s) of the employer(s) and the employment start date(s) (year/month/day).

Attach a separate page if needed.

Section 4

Section 5

Question 5A

Check the applicable box to indicate whether or not the personal details of the adopted person are known.

Note: The rest of section 5 below is to be completed only if the personal details of the adopted person are known. If they are not known, proceed directly to section 6.

Question 5B

Write the last name (surname/family name) and given name(s) at birth of the adopted person.

Question 5C

Enter the following information about the adopted person:

• their date of birth (year/month/day);
• their place of birth (city/town);
• their country of birth; and
• their country or countries of current citizenship.

Question 5D

Check the appropriate box to indicate the gender of the adopted person.

Question 5E

Check the applicable box to indicate whether or not you know where the adopted person currently resides.

If yes, write the complete address, including the postal code and country, along with the name of a contact person or organization where the adopted person currently resides.

Note: If the adopted person is completing this application form, check the box “I am the adopted person (skip this section)” in question 5E and proceed directly to question 5F.

Question 5F

Check the applicable box to indicate whether or not you have previously submitted a sponsorship or a permanent residence application for the adopted person, or if you are the adopted person, whether or not one has been submitted on your behalf.

If yes, write the approximate date (year/month) the application was submitted.

Section 6

Question 6

If you appoint an individual, firm or organization as your representative, you must complete the Use of a Representative form (IMM 5476). Note that once you appoint a representative, all correspondence from us regarding your application will be directed to them and not to you.

For instructions on completing the Use of a Representative form (IMM 5476), see: Guide 5561 – Instructions – Use of a Representative.

Note: The individual or authorized officer of the firm or organization that assisted in the completion of the application must complete, sign and date this section.

Section 7

Read and sign the declaration.

Step 3. Pay the fees

Your fees

Use the table below to calculate the total amount of fees to be paid. Full fees must be included with the application.

Explanation of fees and refunds

This section describes the fees that are required to be paid and whether or not they are refundable. Payment must be made in Canadian funds.

Processing Fee

$100 for each minor (under 18 at the time of application) and $530 for each adult (18 and over at the time of application).

Non-refundable once processing has begun, regardless of the final decision.

Right of Citizenship Fee for the adult (18 and over at the time of application)

The $100 Right of Citizenship Fee is in addition to the Processing Fee of $530 for a total of $630.

Refundable if:

• your application is refused; or
• we receive your request to withdraw your application before the date the adopted person becomes a Canadian citizen.

On-line fee payment

Availability

For clients located inside and outside of Canada.

Outside Canada only

The following mode of payment may be used ONLY if you do not have access to the Internet. If you do not have access to the Internet, you may pay by International bank draft or money order in Canadian funds.

Instructions

Follow these step-by-step instructions to pay with an International bank draft or money order.

1. Calculate the total fee amount to be paid using the Calculating your fees at the beginning of this section.

2. Obtain an international bank draft or money order payable to the Receiver General for Canada. Fees must be in Canadian funds for the required amount only.

3. Ensure that the bank draft or money order:

   • can be cashed through a Canadian financial institution; and
   • clearly indicates on its face the name and complete address (must not be a post office box number) and the transit and account numbers of the financial institution in Canada where it may be cashed.

   Incomplete or improper identification of the financial institution may result in processing delays and even in the return of your application.

4. Include the bank draft or money order in Canadian funds with your completed application.

Proof of payment

Bank draft or money order in Canadian funds.

Step 4. Mail the application

Where to mail the application

Mail your completed application form and required documents in a stamped envelope to the address shown below:

Sign and date the application form

The Part 1 application form must be signed and dated before it is mailed.

If the adopted person is:

• 18 years of age or older, they must sign and date the application form
• under 18 years of age, the application form must be signed and dated by one of their parents or legal guardians.

Send the document checklist with Part 1 of the application

Make sure you use the document checklist and include it with Part 1 of the application.

What happens next?

Processing of Part 1 of the application

The section below explains the phases of processing for Part 1 of the application.

Phase: Initial review

We review Part 1 of the application to make sure that:

• all required documents have been submitted, and
• the full fee payment has been made.

When Part 1 of the application has been received by the Case Processing Centre (CPC) in Sydney, Nova Scotia, you will receive:

• a letter of acknowledgment confirming the reception of Part 1 of the application.

Phase: Verification of Canadian Citizenship of the adoptive parent(s) and eligibility to pass on Canadian citizenship

We verify that at least one of the adoptive parents is a Canadian citizen and is eligible to pass on Canadian citizenship to the adopted person.

Phase: Decision letter

After the assessment of Part 1 of the application, we will send you a decision letter.

If Part 1 of the application is approved, you will receive:

• a decision letter confirming that a least one of the adoptive parents is a Canadian citizen who is eligible to pass on Canadian citizenship to the adopted person
• instructions on when and where to submit Part 2 of the application, Part 2 — Adoptee’s application (CIT 0012), and
• instructions on where to submit the Canadian Citizenship Certificate Preparation Form (CIT 0480).

If Part 1 of the application is refused, you will receive:

• a refusal letter.

Part 2 of the application

Part 2 of the application will be processed only if Part 1 – Confirmation of Canadian Citizenship of the Adoptive Parent(s) has been approved. Do not send Part 2 of the application until you have received a decision letter indicating that Part 1 has been approved.

During the Citizenship process, you must advise us of any change of address or telephone number.

If you reside in Canada

• select Change my address

If you reside outside Canada

• contact the Canadian visa office responsible for the country where you reside.

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