Minor 5(2) application submitted while outside Canada

[Flomich]

I am a Canadian citizen by descent (first gen). I sponsored my minor child for PR but after a month from first landing we had to return to our home country due to family issues. Then I applied for grant of citizenship under Minor 5(2). I got AOR on June 2025 and it is still in progress until now. I requested for ATIP and learned that my minor child's application was sent to Program Support Unit (SPU) due to no Canadian address, applicant appears to reside abroad. I indicated our home country address in the application since my minor child is currently residing outside Canada. Under Subsection 5(2), a minor does not need to fulfill physical presence and can apply as long as they have a Canadian parent and landed PR. It doesn't say that minor needs to be in Canada when applying for grant of citizenship. Anyone on the same boat?

 

[armoured]

I am a Canadian citizen by descent (first gen). I sponsored my minor child for PR but after a month from first landing we had to return to our home country due to family issues. Then I applied for grant of citizenship under Minor 5(2). I got AOR on June 2025 and it is still in progress until now. I requested for ATIP and learned that my minor child's application was sent to Program Support Unit (SPU) due to no Canadian address, applicant appears to reside abroad. I indicated our home country address in the application since my minor child is currently residing outside Canada. Under Subsection 5(2), a minor does not need to fulfill physical presence and can apply as long as they have a Canadian parent and landed PR. It doesn't say that minor needs to be in Canada when applying for grant of citizenship. Anyone on the same boat?

Have you considered that the recent legal changes quite probably make your child already a citizen (by descent from you)? That would be my understanding. The requirement for 1095 days of resdiency in Canada will apply going forward, but since your child was (clearly) born before the law was amended, should be included in the grandfathering provisions.

In which case: it may make more sense to withdraw the application for grant of citizenship, and instead file for the proof of citizenship. Cheaper, clearly no requirement for the presence in Canada, etc.

(Please do check this before you withdraw, I am not as familiar with the procedure for those applying for citizenship by descent under the recent amendments to the law.)

 

[Flomich]

Have you considered that the recent legal changes quite probably make your child already a citizen (by descent from you)? That would be my understanding. The requirement for 1095 days of resdiency in Canada will apply going forward, but since your child was (clearly) born before the law was amended, should be included in the grandfathering provisions.

In which case: it may make more sense to withdraw the application for grant of citizenship, and instead file for the proof of citizenship. Cheaper, clearly no requirement for the presence in Canada, etc.

(Please do check this before you withdraw, I am not as familiar with the procedure for those applying for citizenship by descent under the recent amendments to the law.)

I have thought about the newly passed Bill C-3, but when I checked IRCC website, it says that when a minor is a PR, I have to apply for grant of citizenship to get a certificate of citizenship. This means if I want to apply for proof of citizenship thru citizenship by descent, I have to renounce my child's PR status to be eligible.

https://www.canada.ca/en/immigratio...itizenship/proof-citizenship/eligibility.html

 

[armoured]

I have thought about the newly passed Bill C-3, but when I checked IRCC website, it says that when a minor is a PR, I have to apply for grant of citizenship to get a certificate of citizenship. This means if I want to apply for proof of citizenship thru citizenship by descent, I have to renounce my child's PR status to be eligible.

https://www.canada.ca/en/immigratio...itizenship/proof-citizenship/eligibility.html

Could you specify where you saw this? I looked at the site here but did not see anything I interpreted that way.

I think this is the primary (only?) text that covers the situation for your child: "If you were born outside of Canada before December 15, 2025, you’re likely a Canadian citizen if your parent was also a Canadian citizen when you were born."

I say 'only' because the way I read it, your child IS a citizen - and technically I do not believe they can grant your child citizenship if already a citizen. (Although of course unintentional errors can occur)

 

[Flomich]

Could you specify where you saw this? I looked at the site here but did not see anything I interpreted that way.

I think this is the primary (only?) text that covers the situation for your child: "If you were born outside of Canada before December 15, 2025, you’re likely a Canadian citizen if your parent was also a Canadian citizen when you were born."

I say 'only' because the way I read it, your child IS a citizen - and technically I do not believe they can grant your child citizenship if already a citizen. (Although of course unintentional errors can occur.

I tried going through on how to apply for proof of citizenship. (https://www.canada.ca/en/immigratio...itizenship/proof-citizenship/eligibility.html) There's a question if minor is a PR and when you select yes, it tells you this:

You need to apply for the child’s Canadian citizenship​

To get a citizenship certificate, you must apply for the child to become a Canadian citizen.
If we approve the application, they’ll get the certificate after the citizenship ceremony.
Do not apply directly for a citizenship certificate (online or on paper). If you do, we’ll return your application.

So from my understanding, I cannot apply for proof of citizenship if my child is a PR.