tugrularas/irccfaq huggingface dataset:
Question: I’m Canadian, but my child was born outside Canada. Are they Canadian?
Answer: Status of changes to the first-generation limit on citizenship Updated 
The Citizenship Act includes a first-generation limit to citizenship by descent. This limit generally means someone isn't automatically a Canadian citizen if

they were born outside Canada to a Canadian parent, and
their Canadian parent was also born outside Canada to a Canadian parent

In December 2023, the Ontario Superior Court of Justice declared that the first-generation limit for many individuals is unconstitutional.
However, the Court has suspended the declaration until December 19, 2024. This means that the current rules still apply until further notice.
Find out

how the first-generation limit affects you
what you can apply for (including urgent application, if applicable)

Check your next steps


Your child is likely a Canadian citizen if at least 1 parent (legal parent at birth [opens in a new tab] or biological parent)

was born in Canada, or
became a naturalized Canadian citizen before the child was born

To find out for sure, apply for a citizenship certificate for your child.


Naturalization (grant of citizenship)


The formal process by which a person who isn’t a Canadian citizen can become a Canadian citizen.
The person must usually

become a permanent resident first
get their citizenship at a citizenship ceremony
Question: What happens at the hearing with a citizenship officer?
Answer: At the hearing, the citizenship officer will orally ask you questions

about your knowledge of Canada (similar to citizenship test questions)
about your residence in Canada
to assess if you have adequate knowledge of English or French

The hearing will last 30 to 90 minutes. It helps us verify if you’re eligible for Canadian citizenship.
After your hearing, we’ll send you a letter with the results. If you

pass the hearing, wait for your invitation to the citizenship ceremony
don’t pass the hearing, we may refuse your application
Question: Does the study guide have sample questions to help me prepare for the citizenship test?
Answer: Yes, you can find study questions for the citizenship test in Discover Canada.
Question: What if I cannot attend my citizenship appointment with IRCC? Can I reschedule it?
Answer: Yes. If you are not available on the date and time of your appointment, write us a letter of explanation. Send this letter to the IRCC office that scheduled your original appointment. You can send this letter by mail, or online, using this Web form. We will reschedule your appointment on a different date.
If you do not attend your appointment, you must contact us within a certain amount of time. The notice we sent you inviting you to the appointment will tell you when you must contact us. Use this Web form and tell us why you missed your appointment. If you do not contact us in time, we will close your application. You will have to apply again and pay the required fees.
Question: Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship?
Answer: You can count time spent outside Canada toward the physical presence requirement for citizenship if you

were a permanent resident employed in or with the
    
Canadian Armed Forces 
federal public administration
public service of a province or territory


lived outside Canada with your Canadian spouse or common-law partner or permanent resident spouse, common-law partner, or parent who was employed in or with the
    
Canadian Armed Forces 
federal public administration 
public service of a province or territory



This doesn’t include employment as a locally engaged person.
The physical presence requirement only uses time after

becoming a permanent resident
your common-law relationship began (for calculating residence with a common-law partner)





Find out how to calculate your physical presence
Question: What documents should I send with my application for a citizenship certificate (proof of citizenship)?
Answer: The Document checklist [CIT 0014] (PDF, 0.99 MB) explains

which documents you need to send, based on your situation
the required document formats (original or colour copy)

Colour or scanned colour copies of your documents must be clear and easy to read.



Do not send birth or marriage certificates issued in Quebec before January 1, 1994. For more information, contact the Directeur de l’état civil du Québec.

If your documents aren’t in English or French, send us a

translation of the documents
sworn statement (affidavit) from the person who did the translation, if they’re not a Canadian certified translator

We don’t accept translations from the applicant or their family members.
Question: What photos do I need to include with my citizenship application?
Answer: You need to provide photos if you’re applying to:

become a Canadian citizen:
if you’re applying on paper: 2 identical printed photos
if you’re applying online: 1 digital photo

get proof of citizenship (citizenship certificate):

if you’re applying on paper: 2 identical printed photos
if you’re applying online: 1 digital photo

renounce (give up) citizenship: 1 printed photo

Your photos must meet our requirements such as size, colour and information must be written on the back of the photo. We’ll return your application if your photos don’t meet the specifications.
Check the citizenship photo specifications for more information.
Question: Who has to take the citizenship test?
Answer: If you’re between 18 and 54 years old on the day you sign your application, you have to take the citizenship test. 
Learn more about who must take the test
Question: Can I apply under the Canadian Experience Class if I am currently living in Quebec and I plan to live elsewhere in Canada?
Answer: Yes. You can apply and count your work experience in Quebec. 
If you plan to live in  Quebec, you must apply to the Ministère de l’Immigration, de la Diversité et de  l’Inclusion du Québec. Quebec selects its own immigrants.

Note: Completing an Express Entry profile is the first step to  immigrate to Canada permanently as a skilled worker. Completing an Express  Entry profile does not guarantee that you will receive an Invitation to Apply  for permanent residence. An Invitation to Apply for permanent residence will be  based on your score and rank in the Express Entry pool using the Comprehensive Ranking System.
Question: Can I count experience I got in Canada while waiting for a decision on my refugee application?
Answer: No. Under the Canadian Experience Class, you must have had temporary resident status and the proper work or study authorization when you gained the Canadian work experience or educational credential you are claiming. 
Refugee claimants who have authorization to work or study while waiting for a decision on their claim do not have temporary resident status and cannot apply under this category.

Note: Completing an Express Entry profile is the first step to  immigrate to Canada permanently as a skilled worker. Completing an Express  Entry profile does not guarantee that you will receive an Invitation to Apply  for permanent residence. An Invitation to Apply for permanent residence will be  based on your score and rank in the Express Entry pool using the Comprehensive Ranking System.
Question: Can I still be eligible for Canadian Experience Class if I have returned to my country?
Answer: Yes, you can be eligible for the Canadian Experience Class so long as you meet the requirements under the class. This includes having gained at least 12 months of full-time (or an equal amount of part-time) work experience in Canada

in the 3 years before you’re invited to apply
in a job listed as Training, Education, Experience and Responsibilities category 0, 1, 2 or 3 of the National Occupational Classification


Note: Completing an Express Entry profile is the first step to  immigrate to Canada permanently as a skilled worker. Completing an Express  Entry profile does not guarantee that you will receive an Invitation to Apply  for permanent residence. An Invitation to Apply for permanent residence will be  based on your score and rank in the Express Entry pool using the Comprehensive Ranking System.
Question: Can I count student work experience toward the Express Entry work requirement?
Answer: It depends on where you were working and studying.
To be eligible for Express Entry, you must meet the minimum requirements for 1 or more Express Entry programs. This includes the work experience requirement.
Using student work experience for minimum requirements
Federal Skilled Worker Program
Student work experience gained while you were studying in Canada or abroad counts towards the minimum requirements for the Federal Skilled Worker Program if the work:

was paid by wages or commissions
was continuous (no gaps in employment), and
meets all the other requirements of the Program

This includes co-op terms and apprenticeships.
Canadian Experience Class and Federal Skilled Trades Program
Student work experience doesn’t count towards the minimum requirements for the Canadian Experience Class or Federal Skilled Trades Program.
How student work experience affects your profile ranking
Canadian work experience gained while you were a full-time student doesn’t count towards the score used to rank your profile.
The work experience gained as a full-time student outside Canada counts towards the score used to rank your profile.
Question: How do I adopt a child from another country?
Answer: Intercountry adoptions are a two step process.  First, there is the adoption process, which involves your province or territory of residence and the country from which you want to adopt. Please consult the intercountry adoption authority in your home province/territory for more information on how to adopt.
The second step is the immigration or citizenship process. This is where Immigration, Refugees and Citizenship Canada comes in. Once the adoption has been authorized by the adoption authorities of your province/territory and  the country where the child lives, you can proceed with the immigration or citizenship process to bring your adopted child to Canada. You should consult the website to decide which process to use.
We play  no role in the first step of the intercountry adoption process. The immigration or citizenship process cannot proceed until the adoption has been approved by your province or territory and the adoption authority of the country where the child is being adoption from.
Question: I’m a temporary resident, can I apply to adopt a child from another country?
Answer: No. In order to be eligible to adopt a child from another country you must either be a Canadian citizens or a permanent residents. Temporary residents are not eligible to apply for sponsorship to adopt a child.
Question: My adoption is complete. What do I need now to bring my adopted child to Canada?
Answer: Once the province or territory issues a letter of no objection, you can begin the immigration or citizenship process to bring your adopted child to Canada. You should consult the website to decide which process to use.
Once you’ve decided on the process, you can get an application online. For more information see: how to apply through the immigration process; and through the citizenship process.
Question: Does an adopted child need a travel document, like a visa, to come to Canada?
Answer: Yes. Before bringing your child to Canada, you must apply for the necessary travel document in order for your child to legally enter Canada. The document is either a permanent resident visa, or a Canadian passport through a grant of citizenship. To avoid unnecessary delays and costs, adoptive parents should not plan to return to Canada with the adopted child until they know with certainty that all immigration or citizenship requirements have been met.
Question: How long will the adoption process take?
Answer: Adopting a child in another country takes time. Depending on the child’s country of origin, the process may take two years or longer.
Adoption cases are processed on a priority basis. That is true whether parents are applying for permanent residence or citizenship for their adopted child. There are no significant differences in processing times between the two processes. Find out more about processing times.
Long waits can seem unreasonable when you are anxious to welcome a new family member. However, to protect the child’s rights, international adoption must be a rigorous process. Both your provincial or territorial government in Canada, and the government of the country where the child lives, must approve the adoption.
To ensure the child’s rights are protected, visa officers must be satisfied that:

adoptions are made in the best interests of child;
adopted children have not been sold, trafficked or abducted from their parents; and
documentation for the child is valid.

While not common, in countries where there is evidence of fraud or trafficking, investigations may be required. These investigations may take time.
See also Checking Processing Times questions.
Question: I’ve done the necessary paperwork, I’m a citizen or permanent resident of good standing, and I went through a reputable adoption agency. Why is my adoption taking so long?
Answer: Intercountry adoption is a complex process. Canadian families planning to adopt a child in another country should understand that, even under ideal conditions, the process will take time. Depending on the child’s country of origin, it is not unusual for the entire process to take two years or even longer.
Intercountry adoption procedures established by IRCC are intended to protect the child. These include evidence that the biological parents have given their free and informed consent to the adoption before it takes place, and confirmation that the adoption is in accordance with the laws of both countries.

  In some parts of the world, child trafficking is a serious concern, and documentation is non-existent or unreliable, or there is evidence of wrongdoing in the adoption system or limited infrastructure to support the protection of children.  In these cases, we must do additional verifications to ensure the child was not taken from, or sold by, their biological parents.
Question: Do the criteria for permanent residence and for a grant of citizenship differ for adopted children?
Answer: Yes. For an adopted person to be eligible for a direct grant of citizenship for adopted persons at least one of the adoptive parents must be 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 must have become 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 be able to pass on Canadian citizenship to the adopted person. Other types of custody arrangements and adoption-like situations (guardianships) do not meet the requirements for a direct grant of citizenship for adopted persons. The adoptive parent must be eligible to pass on citizenship by descent.
If you choose to apply for citizenship through the direct grant of citizenship, your child will be affected by the first-generation limit to citizenship by descent. That means they will not be able to:

pass on their citizenship to any children they may have outside Canada; or
apply for a direct grant for any children they later adopt outside Canada, unless the co-sponsor for the adoption is a Canadian citizen by birth in Canada or through naturalization.

Both Canadian citizens and permanent residents can use the immigration process for their adopted children if the adopted person is going to live in Canada right after the adoption.
Another difference between the two processes is the adopted child does not have to undergo a medical exam or background checks when applying for a direct grant of citizenship. These are  requirements when applying for permanent residence.
Where the requirements are the same for both types of applications, the adoption must:

be in the best interests of the child;
create a genuine parent-child relationship that permanently severs the legal ties to the child’s biological parents;
accord with the laws of the country where the adoption took place and the laws where the adoptive parents live; and
not have been entered into primarily to get a citizenship or immigration status or privilege.

If the adoption took place after the person turned 18:

all the requirements listed above must be met (except for the “best interests of the child”);
a genuine parent-child relationship must have existed when the adoption took place; and
that relationship must have existed before the adopted person turned 18.

In addition to these requirements, the Strengthening Canadian Citizenship Act introduced a new requirement for direct grants of citizenship for adopted persons that the adoption must not have occurred in a manner that circumvented the legal requirements for international adoptions.
Question: Are the fees the same for an adopted child for the permanent residence and citizenship processes?
Answer: No. The fees for permanent residence and citizenship applications differ. The Immigration and Refugee Protection Act and the Citizenship Act also use different age ranges for their fees.
Permanent residence
A sponsorship fee and processing fee are required. If, when applying, the adopted person 19 years of age or over, the processing fee is higher. See the fees list for sponsorship and processing fees for permanent residence.
Citizenship
A separate processing fee is required. If, when applying, the adopted person is an adult (18 or older), the processing fee is higher and the right of citizenship fee is required. See the fees list for the processing and right of citizenship fees.
Question: Are there countries from which I cannot adopt?
Answer: The list of countries with restrictions or suspensions can change at any time.
Question: I have applied for permanent residence for my adopted child. Is it too late to apply for citizenship instead?
Answer: No. You can apply for a grant of citizenship for your adopted child, if:

at least one parent is a Canadian citizen by birth in Canada or through naturalization at the time of the adoption; and
you submit a citizenship grant application with the right documents and fees.

You do not need to withdraw your existing permanent residence application. However, if you do, you may be eligible for a refund, depending on when you withdraw.

If you withdraw your application before the visa office has assessed the sponsorship portion, you will get a full refund.
If the visa office has assessed the sponsorship portion but hasn’t started processing the permanent residence portion, you will get a partial refund (C$75 for children under 19 and C$475 for adults 19 or older).
Once the visa office has started processing the permanent residence portion, you will not get a refund.
Question: My adopted child has permanent residence. How can I apply for their citizenship?
Answer: If your adopted child is already a permanent resident, you can apply for a grant of citizenship. The same application form and fees apply to permanent or non-permanent residents. Adoptive parents can apply for either:

a regular grant for a minor child of a Canadian; or
a grant of citizenship under the adoption provision. 

If you are an adoptive parent with permanent resident status, you can apply for citizenship for the child at the same time you apply for yourself.
Applying under the adoption provision
If you choose the grant of citizenship under the adoption provision, your child will be affected by the first-generation limit. That means your child will not be able to:

pass on their citizenship to any children they may have outside Canada; or
apply for a direct grant for any children they later adopt outside Canada unless the other adoptive parent is a Canadian citizen by birth in Canada or through naturalization.

Passing on citizenship to an adoptive child
Adoptive parents can pass on their Canadian Citizenship to an adopted child if the:

Adoptive parents were Canadian citizens by birth in Canada or by naturalization at the time of adoption.
Adoptions happened before January 1, 1947, and at least one parent was a Canadian citizen on January 1, 1947.
Adoptions happened in Newfoundland and Labrador before April 1, 1949.
Question: How does adoption affect my child’s relationship with their biological parents?
Answer: For both the immigration and citizenship process, an adoption is valid only if it ends the child’s legal relationship with the biological parents, and a new legal relationship is established between the adopting parents and the adopted child.
This means the child cannot later sponsor any of their biological relatives to come to Canada.
Question: If my adopted child’s application is refused, what can I do?
Answer: The process to appeal the decision is different for the immigration and citizenship process.
Immigration
If your adopted child’s application for permanent residence is refused, you may appeal the decision to the Immigration Appeal Division at the Immigration and Refugee Board.
Citizenship
If your adopted child’s application for a grant of citizenship is refused, you may apply for a judicial review of the decision to the Federal Court of Canada.
Question: Will my child automatically have the right to a Canadian passport once they get citizenship?
Answer: Yes. As a Canadian citizen, your child can apply for a Canadian passport right after getting citizenship. To do so, they’ll need a citizenship certificate. However, if you cannot wait for the citizenship certificate to be issued to your adopted child, you may apply for a passport without one. With your consent, we’ll send confirmation of your child’s grant of citizenship to the Canadian government office outside Canada that will issue the passport.
Question: I live in Quebec. Must a Quebec court recognize the adoption before my child can get citizenship?
Answer: No, your child can obtain Canadian citizenship before that recognition if:

the adoption meets the requirements of subsection 5.1(3) of the Citizenship Act; and
the Québec government confirms that the formal recognition is the only part of the adoption process still to be completed.

Please note that a Québec court must formally recognize the adoption for it to have effect in Québec only if the sending country has not ratified the Hague Convention. This is not required in cases where the sending country has ratified the Hague Convention.
The Secrétariat à l’adoption internationale (SAI) is the authority responsible for intercountry adoptions in Québec.
Question: Should I apply for permanent residence for my adopted child, rather than Canadian citizenship?
Answer: Permanent residence might be better suited to some people than citizenship. For example, some parents might want to let their adopted child choose to become a Canadian citizen as an adult, rather than decide on behalf of their child. That might be especially true if their adopted child is from a country that does not recognize multiple citizenships.
Also, adoptees who become permanent residents before applying for citizenship will be able to:

pass on their citizenship to children they may later have abroad; or
apply for a direct grant of citizenship for children they may later adopt abroad.

Adoptees acquiring citizenship directly will not be able to do either of those things due to the first-generation limit, unless the other parent is a Canadian citizen through birth or naturalization in Canada.
Also, in order to apply for the direct route of citizenship on the behalf of your adoptive child, you must be a Canadian citizen born or naturalized in Canada.
Parents applying on behalf of a child whose adoption will be finalized in Canada will still need to apply for permanent residence.