Citizenship grants: Timing of applications for minors

This section deals with the handling of applications from minors applying under subsection 5(2), including

• requirements for the various ways to process the applications;
• when to process them together;
• when an oath is required; and
• the effective date of citizenship.

For additional information see Minors applying under subsection 5(1)

There are two ways to process a grant application under subsection 5(2) of the Citizenship Act:

• the minor must apply at the same time as a parent who is applying for a citizenship grant (concurrent applications); or
• the minor must have a living natural or adoptive Canadian parent (non-concurrent applications).

On this page

• Concurrent applications
• Non-concurrent applications
• Procedural fairness letter
• Refusal letter
• Judicial review
• Closing a concurrent minor application when the parent has been refused

Concurrent applications

When a minor application is submitted at the same time as an application for one or both parents, the officer should

• process the applications together, schedule the family to attend the citizenship ceremony and take the Oath of Citizenship together;
• For applications received before June 11, 2015: complete Part 1 (Citizenship Application Information) and Part II (Grant of Citizenship) of the minor’s Citizenship Application Review form (CARF) [CIT 0066] only after the parent’s application is approved and after the parent has taken the Oath of Citizenship (usually right after the ceremony);
• For applications received on or after June 11, 2015: complete Part I (Citizenship Application Information and Part II (Decision of the Minister’s Delegate) of the minor’s Citizenship Application Record of Decision – Subsection 5(2) form (CARD) [CIT 0066CIF2] only after the parent’s application is approved and after the parent has taken the Oath of Citizenship [usually right after the ceremony]);
• if the parent is refused, not grant citizenship to the child (see procedures on non-approval below);
• check the status and parentage of both parents before checking the box “NOT GRANTED” on Part II of the minor’s CARF or CARD, as applicable, and give the reasons.

For concurrent applications, the effective date of citizenship for minors under 14 years of age is the date the citizenship officer grants citizenship to the minor (after the parent has taken the Oath of Citizenship).

The effective date of citizenship for minors over 14 years of age is the date the minor takes and signs the oath or if the oath has been waived, the date the citizenship officer grants citizenship to the minor (after the parent has taken the Oath of Citizenship). The minor’s permanent resident card (PRC), if one was issued, must be returned at the ceremony.

Should an application for a minor be submitted separately and while one or both parents are going through the process, the minor’s application should be forwarded to the local office to be included with the parent(s). The application will then be treated as a concurrent application.

Non-concurrent applications

There is no requirement for the parent(s) to be Canadian in order for the application to be filed; however, one or both parents must be a Canadian citizen in order for a minor to be granted citizenship.

If the minor is under 14 years of age when the application processing is complete, the CPC-S may grant citizenship and send the certificate to the applicant's last-known address. However, the CPC-S must request the PRC, the Confirmation of Permanent Residence form [IMM 5292] and/or the IMM 1000 form from the applicant before the citizenship certificate can be mailed to the applicant.

The effective date of citizenship for these cases is the day that citizenship is granted.

If the minor is 14 years of age or older when the application processing is complete, the minor must take the Oath. The file is forwarded to the local office. A citizenship officer will grant citizenship once all requirements have been met and schedule the minor to take the Oath at a citizenship ceremony.

The effective date of citizenship for these cases is the day the Oath of Citizenship is taken by the minor.

If the minor does not meet all of the requirements, citizenship is not granted and the application is refused.

Procedural fairness letter

A procedural fairness letter should be sent to the principal applicant where there is no evidence available to determine if the other parent is a Canadian citizen or has a citizenship application in progress. The procedural fairness letter for minors is located in the T:drive.

Refusal letter

The adult refusal templates (located in the T:drive) include text that advises of the impact on a concurrent minor applicant due to the refusal of the parent.

Scenario 1: Where there is evidence on file that the other parent is not a Canadian citizen and does not have a Canadian citizenship application in progress, for example, when both parents are on file and both parents are refused, the following text must be included in the principal applicant’s refusal letter:

Scenario 2: Where there is no evidence on file and all administrative efforts (i.e. query in GCMS on the other parent) that the other parent is a Canadian citizen or has a citizenship application in progress, the following text must be included in the principal applicant’s refusal letter:

In this situation, the procedural fairness letter for minors must be included with the parent’s refusal letter. If no evidence is provided that the other parent is a Canadian citizen or has a citizenship application in progress within 30 days from the date of the procedural fairness letter, citizenship officers will wait an additional 30 days and then send a refusal letter to the affected minors regardless of their age and the file will be closed.

Judicial review

In the event the parent files for leave from the court, for application for judicial review of the decision (within the 30-day timeframe as set out in paragraph 22.1(2)(b) of the Citizenship Act), the minor’s application will remain on hold pending a final decision of a court on the judicial review process.

A note in the Global Case Management System (GCMS) must be entered explaining why the application is on hold.

In the event the parent meets all the requirements to be granted citizenship and files for judicial review of only the decision on any applications submitted on behalf of a minor, the citizenship officer may complete the positive grant decision for the adult and will hold scheduling of a ceremony for the parent and any other family members included in the file pending a final decision of a court on the judicial process.

Closing a concurrent minor application when the parent has been refused

If the concurrent application includes both parents, the minor could obtain Canadian citizenship through either parent, provided that either parent has been granted Canadian citizenship and that parentage has been established.

If the application included only one parent, all efforts should be made to find out if the minor’s other parent is a Canadian citizen. If so, proof of citizenship for the other parent should be requested and parentage established.

If there is no Canadian parent, all efforts should be made to find out if either of the minor’s parents have a citizenship application in process. If so, parentage should be established by obtaining proof of parentage and the minor transferred to the file.

The minor’s application cannot be closed before the period to file an application for judicial review of the refusal decision in the parent’s application has expired or before the final outcome of any litigation resulting from the refusal of the parent’s application. In other words, the minor’s application can only be closed once the decision on the parent’s application is final.

The negative decision on the parent’s application and the minor’s, if applicable, is final when

• the time limit to file an application for leave and judicial review has expired;
• the parent has filed an application for leave and judicial review and leave was denied;
• in the case where leave is granted, the Federal Court has rendered its decision in the judicial review process and no serious question of general importance was certified by the judge;
• in the case where a serious question of general importance was certified and an appeal was made to the Federal Court of Appeal, the Federal Court of Appeal has rendered its decision and the time limit to apply for an appeal by the Supreme Court of Canada has expired; or
• in the case where an application to the Supreme Court of Canada for leave to appeal was filed, the Supreme Court of Canada has either not granted leave or if leave was granted, an appeal was filed and the Supreme Court has rendered its decision on the appeal.

Once a negative decision has been rendered on the parent’s and/or minor’s application and once the judicial review period is exhausted, the minor’s application must be refused and closed.

• The decision on each application, as applicable, has to be entered in GCMS by the citizenship officer in the Activities field.
• The file status has to be changed
  • Case status: “Closed”
  • Reasons: “Other”
  • Other description: i.e., “Leave denied”, “Federal Court dismissed application for judicial review and no certified question”, “Federal Court of Appeal has rendered decision”, “Supreme Court of Canada has rendered decision”
  • Decision: “Not Granted”
• A note has to be added: “Case closed as minor applicant does not have a Canadian parent” and “the minor application has been refused.”

If the negative decision is only on a minor’s application

Once a negative decision has been rendered on a minor’s application, the case is closed in GCMS.

If the parents decided to wait until a decision was made on the judicial review process before participating in their ceremony, they and any family members who have met the requirements and have been granted citizenship will be scheduled for a ceremony.

Closing the physical file

• The refusal has to be indicated on the CARF or CARD. The citizenship officer is to indicate the following in the appropriate field (Part II):
  • “Citizenship is not granted”
• The officer adds the following in the Reasons/Comments area:
  • “Case closed as minor applicant does not have a Canadian parent”and/or “the minor application has been refused.”
• The CARF or CARD is signed and dated by the delegated citizenship officer.

For additional information see Procedures for refused applicants