Citizenship: Waivers on compassionate grounds under 5(3)

On this page

• Accommodations, waivers and compassionate grounds
• Requirements that may be waived on compassionate grounds
• Waivers for minors applying under subsection 5(1)
• Waiver forms

Accommodations, waivers and compassionate grounds

IRCC has a duty to accommodate applicants when accommodations are required. This could result in 2 different courses of action for citizenship applicants: waivers and accommodations.

Accommodations

Accommodations are used to enable applicants to meet the requirements for citizenship through a lens of equity.

They could include

• ensuring any in-person event venues have accessibility for wheelchairs and service animals, and that interpretation services are arranged
• providing alternate versions of the study guide, oral or Braille versions of the citizenship knowledge test, or extra time on tests

Essentially, accommodations are provided when they are needed by applicants who can meet all citizenship grant requirements.

For more information on accommodations during the citizenship application process, please see Citizenship: Accommodations.

Waivers

Waivers under subsection 5(3) of the Citizenship Act (the Act) exist when accommodations can’t fulfill an applicant’s needs, as they will be unable to meet certain criteria.

Adults (aged 18 and over) can only obtain a waiver of the oath of citizenship if they are unable to understand the significance of taking the oath of citizenship due to mental disability.

Minors (aged 14 and 17) who are required to take the oath of citizenship can obtain a waiver under the broader category of compassionate grounds.

For waivers of language or knowledge requirements, there is more flexibility under the category of compassionate grounds.

Compassionate grounds

Compassionate grounds include medical and non-medical factors. Examples of the factors that may be considered include, but are not limited to, evidence of

• severe and prolonged medical condition including serious illness, physical or developmental disability or mental impairment that has lasted, or is expected to last, for one year or more
• trauma due to war, torture or living in a refugee camp or other similar traumatic circumstances
• low levels of education or literacy in their first language (mother tongue)
• any other circumstances that might merit a waiver on compassionate grounds

This definition applies for adult applicants who need a waiver of the language or knowledge requirements as well as minor applicants aged 14 to 17 who need a waiver of the oath of citizenship. There are different requirements for adult applicants who need a waiver of the oath of citizenship.

Requirements that may be waived on compassionate grounds

For any applicant aged 18 years and older but under 55 years of age on the date of application

• knowledge of one of the official languages of Canada
• knowledge of Canada and of the responsibilities and privileges of citizenship

For adults aged 18 years and over on the date of application

• taking the oath of citizenship for applicants who are unable to understand its significance due to mental disability

For all minors aged 14 to 17

• taking the oath of citizenship

For minors applying under subsection 5(1)

• length of physical presence in Canada
• signature on application form of parent/person empowered to act on behalf of the minor

Applicants 55 years of age or older

Applicants 55 years of age or older on the date they sign their application don’t have to demonstrate adequate language or knowledge abilities. Therefore, they aren’t required to take the citizenship test or provide proof of their language ability. Applicants who turn 55 during processing are required to meet the language and knowledge requirements.

Waivers for minors applying under subsection 5(1)

As of June 19, 2017, minors (applicants under 18 years of age) can apply for Canadian citizenship under subsection 5(1) of the Citizenship Act.

In the case of a minor whose file is being processed under subsection 5(1) of the Act, the Minister may waive the requirement respecting

• the length of physical presence in Canada
• the signature on the application form of the parent or person who has custody of or is empowered to act on behalf of the minor
• the taking of the oath of citizenship (for applicants aged 14 years and over)

When a waiver request for language, knowledge or oath can occur

An applicant can request or be referred for a waiver at any time during processing until a final decision has been rendered. All waiver requests are referred to the CMB.

At the time of application

An applicant can request waivers at the time of application. This may be done through the inclusion of the Waiver Request Form (CIT 0116 (PDF)), the Medical Opinion Form for Citizenship Waivers (CIT 0547 (PDF)), the Waiver Request Form for Minor Applicants (CIT 0554) or any other letter or documentation suggesting the applicant is requesting a waiver.

Applicants who identify the need for a knowledge waiver will not be invited to the citizenship knowledge test; instead, the waiver request(s) will be assessed first. Applicants who request a waiver of the knowledge requirement will only be invited to a testing event if the waiver is not approved.

During processing

If a waiver request is received during processing, the waiver request will be assessed before the applicant is invited to any further citizenship events.

If an agent or officer is processing a file, and during a citizenship event, such as a knowledge test or interview, it becomes apparent that the applicant may be eligible for a waiver, the officer can refer the applicant for a waiver and send the file for waiver assessment. Applicants may also request a waiver after their file has entered processing; the same procedure applies.

Waiver not required

If the applicant self-identified on the application form as having a disability and indicated the need for accommodation through any supporting documentation, a waiver is not required. IRCC has a duty to accommodate, and applicants can be given accommodations or supports throughout their process without the need for a waiver. They may require additional planning for citizenship events, such as providing an interpreter or ensuring any in-person venues are accessible for mobility aids.

If the decision-maker at the CMB determines that the application doesn’t meet the criteria for a waiver under the scope of compassionate grounds, the application won’t be refused. Instead, the application will return to the stage of processing it was at before the CMB assessed the waiver request. This gives the applicant the same opportunities to meet the requirements of language, knowledge, and/or oath as applicants who have not requested a waiver. If applicable, the applicant should be offered accommodations to meet the requirements of language, knowledge, and/or oath.

Waiver forms

All waiver requests concerning language, knowledge, oath or a combination of any of the three are processed by citizenship officers at the CMB.

There are 3 forms associated with waiver requests of language, knowledge and oath. In cases where applicants don’t submit these forms with their application, the CMB will request that the applicant complete these forms, when applicable.

When an applicant requests a waiver of language or knowledge requirements or has demonstrated to the citizenship officer that they won’t be able to meet the requirement for language or knowledge due to compassionate grounds, the applicant should provide a completed Waiver Request Form (CIT 0116 (PDF)) and, if relevant, may also include a Medical Opinion Form for Citizenship Waivers (CIT 0547 (PDF)). Where applicable, the applicant should also submit an affidavit on power of attorney. Adult applicants who require a waiver of the oath should provide a Medical Opinion form completed by a medical professional licensed to practice in Canada. Minor applicants who require a waiver of the oath of citizenship should submit either the Waiver Request Form for Minor Applicants (CIT 0554) or the Medical Opinion Form for Citizenship Waivers (CIT 0547 (PDF), depending on the reason for the waiver.

Waiver Request Form

The Waiver Request Form (CIT 0116 (PDF)) details the medical and non-medical factors and circumstances under which an adult applicant may not be able to meet the language and/or knowledge requirements for citizenship from the perspective of the applicant and/or caretaker or legal guardian. It reflects the experience of the applicant and not the opinion of a medical professional.

Waiver Request Form for Minor Applicants

The Waiver Request Form for Minor Applicants (CIT 0554) is used when minor applicants are requesting a waiver of the oath due to compassionate grounds that are not medical in nature. It reflects the experience of the minor applicant and not the opinion of a medical professional.

Medical Opinion Form for Citizenship Waivers

The Medical Opinion Form for Citizenship Waivers (CIT 0547 (PDF) provides information from a medical practitioner licensed to practice in Canada regarding any medical conditions that could prevent the applicant from meeting the citizenship requirements of knowledge, language, and/or oath. This can include serious illness, physical or developmental disability, or mental impairment that has lasted or is expected to last for 1 year or more.

If the medical practitioner is of the opinion that an adult applicant is unable to understand the significance of taking the oath of citizenship due to mental disability, the requirement of taking the oath of citizenship may be waived. This form is also filled out by a medical practitioner for a minor applicant who needs an oath waiver due to compassionate grounds. The medical practitioner may be a physician, psychologist or nurse practitioner.

The medical opinion is just one of the pieces of evidence taken into consideration. If the request for a waiver of language and/or knowledge is due to personal circumstances and not medical reasons, the applicant will not need to submit a Medical Opinion form.

While the Medical Opinion Form for Citizenship Waivers is no longer necessary for waivers of knowledge and/or language requirements, it is suggested that applicants provide the Medical Opinion Form or supporting documentation when they feel it will strengthen their case to be provided a waiver. Adult applicants should include it to request a waiver of the oath of citizenship. Minor applicants should include it to request a waiver of the oath of citizenship if the reason is based on medical grounds.