(January 16, 2008). CANADIAN CITIZENSHIP PROCESS FOR ADOPTED CHILDREN (by Deborah Northcott, Adoption Services Coordinator, CAFAC – member of the Adoption Council of Canada).

 

While the intent of the Bill C-14 was to help adopted children become citizens faster/easier- what in fact has resulted is no such thing. I respectfully submit some of my findings and research, including information gathered from visas officers operating abroad.

 

I would strongly suggest that an additional request to adoptive families to review this information before applying for citizenship for their child during the adoption process be added to the information on this new application process.

 

It would appear – that while some paperwork may be reduced – if the present time frames for citizenship abroad applies to adoption cases, it may in fact leave children longer on foreign soil, and create a situation where they will lose their nationality of origin. Both areas of concern.

 

I have done some intensive questioning, research, and networking with foreign visa officers, so that this process could be better understood for our adoptive families and their children.

 

Firstly, the initial impressions that the adoptive community had or that political announcements gave on this new legislation give the false impression it is an easy process to undertake.  It is undoubtedly a “feel good” piece of legislation. While the hope was that this would implement a less complicated and automatic stream for adopted children to become CDN citizens - the reality is that the legislation has only brought into place a new application process with it’s own time line, fees, and complications. There is nothing automatic about the new application process in terms of citizenship availability to an adopted child.

 

I will list a brief comparison between the old familiar pathway of Permanent Residency for adopted children, and the new citizenship pathway, and then explain the impact each has on the process for the child.

 

Permanent Residency:

 

  1. The adoptive parent can either be a CDN Citizen themselves or a Permanent Resident of Canada.  (application review 2-3 weeks)
  2. Fees for the application are $150 CDN for each child sponsored.
  3. The adopted child does not lose their original citizenship or nationality.
  4. A medical examination is required as part of the application process.
  5. The child’s status when entering Canada is that of a permanent resident.
  6. There is an appeal process if permanent residency is refused abroad by foreign Visa officers reviewing the file.
  7. The child is issued a permanent resident card shortly after they land in Canada.
  8. The child travels with a permanent residency visa stuck to a page of their national passport as well as a legal document of permanent resident status when traveling to Canada.
  9. As soon as the child’s permanent resident card arrives to the family they can apply for CDN citizenship. There is no residency requirement before application can be made. Citizenship may be applied for under old or new legislative process.
  10. Citizenship fee is $100.
  11. Citizenship application is reviewed in Canada by Domestic IMM citizenship officers.
  12. Citizenship is automatically issued – usually 4-12 months after application- probably faster now with new legislation- while child is with family in Canada.

 

Citizenship Application:

 

  1. At least one parent must be a CDN citizen- parents who are permanent residents cannot apply.
  2. Application is first made with proof of parent’s citizenship. Once reviewed and approved in Canada- (2 months) application can then be made for the child.
  3. Fees for this process are $100 CDN for each child’s application
  4. Issuance of CDN citizenship while child lives abroad may mean/can result in the child losing their citizenship of origin or nationality.
  5. No medical exam is required for citizenship application process.
  6. There is no appeal process if child denied citizenship and file is closed.  (processing time of child’s citizen application  currently expected to be 12-15 months)
  7. The child’s status when entering Canada is that of citizen.
  8. The child will receive citizenship certificate once approved.
  9. Depending on the country- the child will either receive a CDN passport to travel home or they will receive a facilitation visa (fee is additional $75 CDN) in their national passport and apply for passport after arrival to Canada.

 

On paper it looks like the citizenship process has potential to eventually bring an adopted child home with fewer paperwork steps.

 

However, as the ramifications of this new legislation have been coming back to CDN IMM officers, this new process has in fact created a few monsters of its own.  One predictable and confirmed response by the countries children are adopted from is that they will not allow their children to depart on CDN passports.

 

Offices such as Moscow and Beijing – where permanent resident visas are issued within 24-72 hours are warning that citizenship applications for children may mean months of review- and minimum 3 weeks to issue facilitation visas once a child’s file is approved.  (Russia, Kazakhstan, China, Ethiopia, and all Eastern Blok countries also will not allow children to depart on CDN passports).

 

CDN IMM has confirmed to me that if a family decides to switch to the CDN citizenship process from their permanent resident application process, then they start over, and the permanent resident application is closed for the child.   A child can only have an application open for them in one or the other process, not both.   If a family does this they would essentially be starting over, including fees.

 

At present - information provided by a MLA in Manitoba is stating that 12- 15 months would be the expected time for review overseas of any citizenship application. Some very busy foreign offices – such as those in Africa or Russia - may be longer.  The child is on foreign soil while the decision on citizenship granting is being made.  This is presently many times longer then the permanent resident process and, if refused, the child’s file is closed and there is no appeal process.

 

Since citizenship is “automatic” when applied for from Canada, with the child’s status being a permanent resident - all visa officers I have spoken to do NOT recommend applying through this new legislation while the child is living abroad.  Especially at this time that it is new, very few have guidelines on how to enact the process, and the unseen “bugs” of the application process are still to be revealed. Since 4 foreign based Visa officers have recommended the same thing - we are seeing a pattern that has influenced our recommendations.

 

It would appear that despite the wait and requirement for a medical exam - Permanent Residency is still the fastest way to get the child home to the family - and will make the child eligible for “automatic” citizenship once in Canada.

 

You can find the new forms and Citizenship application process as well as all the publicity announcements and subsequent information on their web site.  Look at the following addresses:

 

http://www.cic.gc.ca/english/department/media/releases/2007/2007-12-20.asp

 

http://www.cic.gc.ca/english/immigrate/adoption/choose.asp

 

http://www.cic.gc.ca/english/information/times/canada/cit-processing.asp

 

http://www.cic.gc.ca/english/immigrate/adoption/differences.asp

 

http://www.cic.gc.ca/english/information/applications/cit-adoption.asp

 

Deborah Northcott

Adoption Services Coordinator

Canadian Advocates For  

The Adoption of Children

deborah@cafac.ca

PH (403) 527-9769

FX (403) 526-9763

 

CAFAC is an agency member of the Adoption Council of Canada (ACC)