ARCHIVED – Operational Bulletins 043 – December 20, 2007

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

End of Interim Measure on Adoption

This Operational Bulletin has expired.

Background

The Interim Measure on Adoption was implemented in July 2001 as a means for foreign-born children adopted by Canadian parents living outside Canada to acquire citizenship (see CP 01-05).

Under the current Citizenship Act, a foreign-born child adopted by a Canadian can be granted Canadian citizenship only after first becoming a permanent resident, as defined under the Immigration and Refugee Protection Act (IRPA). The adopted children of Canadians living abroad could not satisfy the permanent residence requirement, and as a result, they were not eligible for a grant of citizenship under paragraph 5(2)(a) or subsection 5(1) of the Citizenship Act. The Interim Measure allowed such adopted children a possible grant of citizenship using the discretionary power of the Governor in Council under subsection 5(4) of the Citizenship Act. It was intended to be a temporary solution, in use until new legislation could be implemented.

In order to be granted Canadian citizenship under the Interim Measure, an applicant had to satisfy the following criteria:

  • The person must have been adopted by a Canadian on or after January 1, 1947.
  • The person must have been under 18 years of age at the time of the adoption.
  • The adoption must have been in the best interests of the adopted person.
  • The adoption must have created a genuine parent-child relationship between the adopted child and the adopting parent.
  • The adoption must have been in accordance with the law of the place of adoption and of the place of residence of the adopting parent.
  • The adoption must not have been entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.

Applicants also had to be free of criminal and security prohibitions, and were required to take the oath of citizenship if they were aged 14 or older.

With the coming into force of Bill C-14, An Act to Amend the Citizenship Act (adoption), the Interim Measure will come to an end.

Bill C-14 amends the Citizenship Act so that children adopted abroad by Canadian citizens after February 14, 1977, do not first have to become permanent residents in order to be granted Canadian citizenship. C-14 applies to children adopted by Canadian citizens after February 14, 1977, regardless of whether they reside in Canada or abroad. This will minimize the difference in treatment between children born abroad to Canadians and children adopted abroad by Canadians.

Policy

C-14 will come into force on December 23, 2007. As a result, applications will no longer be accepted for assessment under the Interim Measure after December 22, 2007.

Applications submitted before the expiry of the Interim Measure

1. Adoptions that took place between January 1, 1947 and February 14, 1977

Persons adopted between January 1, 1947 and February 14, 1977, are not eligible for a grant of citizenship under the provisions of C-14. In order to be considered for a discretionary grant of citizenship under the Interim Measure, persons adopted by a Canadian citizen between these dates must submit an application on or before December 22, 2007. Persons who submit an application form and fees before the expiry of the Interim Measure will have their cases assessed under this policy. Current processing time for applications under the Interim Measure is approximately 12 months.

2. Adoptions that took place after February 14, 1977

Persons who submit an application form and fees before the expiry of the Interim Measure on December 22, 2007, and whose applications are still pending under the Interim Measure when C-14 comes into force, will first be assessed under C-14. If they meet the criteria, they will be granted citizenship under C-14 (the new section 5.1 of the Citizenship Act). If an adopted person who applied under the Interim Measure is not eligible for a grant of citizenship under C-14, the application will be re-assessed under the requirements of subsection 5(4) of the Citizenship Act.

Applications submitted after the expiry of the Interim Measure

All applications under the Interim Measure received after December 22, 2007, will be forwarded to the Case Processing Centre in Sydney (CPC-S) by the overseas mission. CPC-S will evaluate and redirect the applications as applicable, either to:

  • the applicants with a letter advising them that the policy is no longer in effect and providing the relevant steps they should take to apply for citizenship—these steps are dependent on the date of adoption, or
  • the Case Management Branch (CMB) for consideration of a discretionary grant under subsection 5(4).

1. Adoptions that took place between January 1, 1947 and February 14, 1977

CPCS will evaluate the application using the factors described in OB 031 Handling Special Cases of Certain People Living in Canada Without Status.

If it appears that the applicant meets the criteria as set out in OB 031, or if the applicant specifically requests consideration for a discretionary grant, or explains why obtaining Canadian citizenship will alleviate special and unusual hardship or reward services of an exceptional value to Canada, CPC will forward the application to CMB.

CMB will consider these applications on a case-by-case basis. It will either advise the applicant that they are being considered under subsection 5(4), and if necessary, request additional information and supporting documents, or CMB will return the application to the applicant with an explanatory letter.

Persons who were adopted by Canadian citizens between January 1, 1947 and February 14, 1977, who are not referred to CMB by CPC-S, will have their applications returned to them by CPC-S and will receive a refund of the fees paid. They will be advised in the accompanying letter (Annex 1), of the requirements for a regular adult grant of citizenship and for obtaining permanent resident status. The letter will also advise them that they may request consideration, in writing, for a discretionary grant under subsection 5(4) of the Citizenship Act if they feel they meet the requirements.

2. Adoptions that took place after February 14, 1977

Persons who were adopted by Canadian citizens after February 14, 1977 , will have their applications returned to them by CPC-S. They will be advised in the accompanying letter to submit a C-14 application and that the fee submitted for the original application will be reapplied to their C-14 application.

More information on applying under the new process will be available on the CIC Web site.

Application procedures under the Interim Measure

Applicants aged 18 years and older should submit the Application for Canadian Citizenship Under Subsection 5(1). Parents or guardians applying on behalf of an adopted child under 18 years of age should submit the Application for Canadian Citizenship – Minors (under 18 years of age).

Applications can be mailed directly to CMB at CIC headquarters. Applications from persons living outside Canada can also be submitted to the closest Canadian high commission, embassy or consulate, which will forward the application to CIC headquarters. All applications should be forwarded to:

Citizenship and Immigration Canada
Case Management Branch, Case Review (Citizenship)
300 Slater St., Jean Edmonds Tower North, 9th Floor
Ottawa, Ontario
K1A 1L1

The application fee is $200 for adults and $100 for minors.

Applicants aged 14 years and older are required to co-sign the application and take the oath.

Applicants must not be the subject of a declaration by the Governor in Council made pursuant to section 20 (security) or prohibited from being granted citizenship or from taking the oath of citizenship under section 22 of the Citizenship Act.

Persons adopted between January 1, 1947 and February 14, 1977

Persons adopted between January 1, 1947 and February 14, 1977, who wish to have their application processed under the Interim Measure, must submit an application to the Canadian high commission, embassy or consulate responsible for their country of residence, together with the required fees and documentation, on or before December 22, 2007. The accepting office should then forward the application to CMB. Applications mailed by the applicant to CMB or to a Canadian mission abroad must be postmarked on or before December 22, 2007. Alternatively, applications may be submitted in person at a Canadian high commission, embassy or consulate on or before December 22, 2007. An application form will be accepted if the applicant has, at a minimum, completed and signed the form and paid the correct fees. CMB will process these applications and contact the applicant to request any further documents.

Annex 1

Date:

Client ID (if applicable):

Dear (Client):

We have received the application you submitted on (date of application) under the Interim Measure on Adoption.

The Interim Measure on Adoption policy expired on December 22, 2007, with the coming into force of Bill C-14, An Act to Amend the Citizenship Act (adoptions) on December 23, 2007. This legislation applies only to persons adopted after February 14, 1977. Since your application for citizenship under the Interim Measure on Adoption cannot be assessed under either of these policies, we are returning your application to you. You will receive a refund of the fee paid for this application.

As you do not currently meet the requirements for Canadian citizenship under the Citizenship Act, there are two options available for you to acquire Canadian citizenship status:

  1. apply for permanent residence and then apply for an adult grant of Canadian citizenship, or
  2. apply for a discretionary grant of Canadian citizenship.

Application for permanent residence and for an adult grant of Canadian citizenship

Persons who were adopted by Canadian citizens between January 1, 1947 and February 14, 1977, must first become permanent residents of Canada and then meet all the requirements for an adult grant of Canadian citizenship before they can become Canadian citizens. For information on how to apply for permanent residence and for an adult grant of Canadian citizenship, please visit the CIC Web site at www.cic.gc.ca.

Application for a discretionary grant of Canadian citizenship

To apply for a discretionary grant of Canadian citizenship under subsection 5(4) of the Citizenship Act, you must submit an Application for Canadian citizenship – Adults. Subsection 5(4) gives the Governor in Council (GIC) the discretionary authority to direct the Minister of Citizenship and Immigration Canada to grant citizenship to any person in cases of special and unusual hardship, or to reward services of an exceptional value to Canada. Since you are not a permanent resident, you may leave questions 7(a) and 7(g) of the application blank as they do not apply to you. To request consideration under subsection 5(4), applicants must provide information and supporting documents that demonstrate unusual hardship or service of an exceptional value to Canada. The information provided in the letter must explain the reasons why you would like your application for a discretionary grant to be considered by the Minister and the GIC. In addition to any other factors which you might wish to mention in the letter, you should specifically indicate in your application whether you are currently living in Canada and for how long.

These applications will be considered on a case-by-case basis. Citizenship may be granted under this provision only where the circumstances of the case warrant such a discretionary grant. Applicants must not be subject to any security or criminal prohibitions in Canada (as outlined in the application kit).

To obtain a decision regarding either of the options described above, you must make an application and submit the appropriate documents and fees.

All application kits and forms are available on the CIC Web site at www.cic.gc.ca.

Sincerely,

Citizenship Official

Annex 2

Date:

Client ID (if applicable):

Dear (Client):

We have received the application you submitted on (date of application) under the Interim Measure on Adoption.

The Interim Measure on Adoption policy expired on December 22, 2007, with the coming into force of Bill C-14, An Act to amend the Citizenship Act (adoptions) on December 23, 2007. Under the current Citizenship Act, children adopted abroad by Canadian citizens after February 14, 1977, are no longer required to first become permanent residents of Canada in order to be granted Canadian citizenship, regardless of whether they reside in Canada or abroad.

Since your application for Canadian citizenship under the Interim Measure on Adoption was received after December 22, 2007, and cannot be assessed under the Interim Measure on Adoption policy, we are returning your application to you.

To apply for Canadian citizenship, you must submit an Application for Canadian citizenship for a person adopted by a Canadian citizen (after February 14, 1977) together with the required documentation. The fee that you submitted with your application under the Interim Measure on Adoption can be applied to your new application.

Information on making an application for Canadian citizenship is available on the CIC Web site at www.cic.gc.ca.

Sincerely,

Citizenship Official

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