Direct citizenship for an adopted child

[Jetrocker]

Hi, I'm asking this on behalf of a friend.

If one of the parents is a naturalized Canadian citizen and the child is adopted outside Canada, can the child get grant of citizenship directly or does the child gets permanent residency first.

What if the same parent adopts a child in Canada but the child is born outside Canada?

 

[hawk39]

I believe in both instances, the parent has to sponsor the child for PR first, and then the parent can apply for citizenship with the residency obligation being waived for children.

 

[armoured]

I believe in both instances, the parent has to sponsor the child for PR first, and then the parent can apply for citizenship with the physical presence requirement being waived for children.

For clarity I believe physical presence in Canada is required but not the 1095 days in five years part.

 

[Jetrocker]

Ok, thanks for your reply. So how long is the physical presence requirement of the child for?

 

[hawk39]

The child just has to be in Canada. The '3 out of 5 year' residency obligation normally required for citizenship applicants is waived for children of Canadian citizens.

 

[armoured]

The child just has to be in Canada. The '3 out of 5 year' residency obligation normally required for citizenship applicants is waived for children of Canadian citizens.

Thank you, yes exactly right

 

[Jetrocker]

Ok, thanks very much.

 

[nazafarin]

this is what i found on the IRCC website:
I have applied for permanent residence for my adopted child. Is it too late to apply for citizenship instead?
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.

https://www.cic.gc.ca/english/helpcentre/questions-answers-by-topic.asp?top=2


So i guess you can apply for a child directly for citizenship

 

[hawk39]

this is what i found on the IRCC website:
I have applied for permanent residence for my adopted child. Is it too late to apply for citizenship instead?
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.

https://www.cic.gc.ca/english/helpcentre/questions-answers-by-topic.asp?top=2


So i guess you can apply for a child directly for citizenship

Good catch, but it seems that there is a caveat to direct citizenship. If the parent applies for citizenship directly, the child will be a citizen by descent and subject to the first generation limit, meaning that if the adopted citizen were to also adopt a child or have their own child born outside of Canada, that child will not be able to be given citizenship directly and the only option will be the PR route.

 

[canuck78]

Hi, I'm asking this on behalf of a friend.

If one of the parents is a naturalized Canadian citizen and the child is adopted outside Canada, can the child get grant of citizenship directly or does the child gets permanent residency first.

What if the same parent adopts a child in Canada but the child is born outside Canada?

Also depends on whether Canada recognizes the international adoption. What country and is the child related to them in any way? Did they go through a registered adoption agency in Canada?