Is guardianship of foreign minors designated by a will considered adoption under A5.1(1)?

[lagj]

Hi all,

My spouse and I are U.S. citizens but if we were to die we'd like to designate in our will my Canadian sister as the guardian of our two minor children (with her approval of course).

In https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/cp/cp14-eng.pdf it states that "An application under subsection A5.1(1) may be made by: an adoptive parent or legal guardian on behalf of a minor (under 18 years of age)", but then in paragraph 5.2 right below it only uses the word "adoption". Is "adoption" pretty much synonymous with guardianship in this context and does it apply to this type of guardianship? If not, does anyone know of the applicable Family Class?

Thanks!

 

[canuck_in_uk]

Hi all,

My spouse and I are U.S. citizens but if we were to die we'd like to designate in our will my Canadian sister as the guardian of our two minor children (with her approval of course).

In https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/cp/cp14-eng.pdf it states that "An application under subsection A5.1(1) may be made by: an adoptive parent or legal guardian on behalf of a minor (under 18 years of age)", but then in paragraph 5.2 right below it only uses the word "adoption". Is "adoption" pretty much synonymous with guardianship in this context and does it apply to this type of guardianship? If not, does anyone know of the applicable Family Class?

Thanks!

No, being appointed the guardian is not the same thing as adoption. 5.1(1) requires adoption. Here is the actual law:

https://laws-lois.justice.gc.ca/eng/acts/c-29/page-3.html

Adoptees — minors

5.1 (1) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while a minor child, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if the adoption

• (a) was in the best interests of the child;
• (b) created a genuine relationship of parent and child;
• (c) was in accordance with the laws of the place where the adoption took place and the laws of the country of residence of the adopting citizen;
• (c.1) did not occur in a manner that circumvented the legal requirements for international adoptions; and
• (d) was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.

Your sister would need to formally adopt the children, which in those circumstances, shouldn't be an issue. Once adopted, she could apply directly for their citizenship.