Canadian Citizenship for Minors Applying Without Their Parents
Canadian Citizenship for Minors Applying Without Their Parents
Frequently Asked Questions (FAQs)
1. Can a minor apply for Canadian
citizenship without their parents?
Yes, but only in particular circumstances. A Minor
5(1) applicant who does not have anyone with custody or legal authority to
apply on their behalf can request permission from IRCC to apply independently.
2. What is the difference between Minor
5(1) and Minor 5(2)?
Minor 5(2) generally applies where the child has a
Canadian parent or a parent applying for citizenship at the same time.
Minor 5(1) generally applies where neither of those
circumstances exists. The major practical difference is that Minor 5(1)
applicants must generally meet the 1,095-day physical presence requirement,
while Minor 5(2) applicants do not.
3. Does the parent of a Minor 5(1)
applicant have to be a Canadian citizen?
No. In fact, Minor 5(1) is specifically intended for
minors who do not have a Canadian parent and do not have a parent applying for
citizenship at the same time.
4. Can a legal guardian apply for
citizenship on behalf of a minor?
Yes. A legal guardian or another person who has
custody of the child or is legally empowered to act on the child’s behalf may
apply in the circumstances permitted by IRCC.
5. Can a grandparent or step-parent
apply for the child?
Not automatically. IRCC states that a grandparent or
step-parent is not considered a parent for citizenship application purposes
unless they have legally adopted the child or have legal custody or other legal
authority to act for the child.
6. Does a Minor 5(1) applicant need
1,095 days in Canada?
Yes, generally. A Minor 5(1) applicant must normally
have been physically present in Canada for at least 1,095 days during the
five-year eligibility period.
7. Does a minor have to take the
citizenship test or prove English or French ability?
No. Neither Minor 5(1) nor Minor 5(2) applicants are
required to take the citizenship test or meet the adult language requirement.
8. Who signs a minor’s citizenship
application?
A parent, legal guardian or other authorized person
generally signs the application. A minor who is 14 to 17 years old must also
sign. A Minor 5(1) applicant applying independently follows the special
waiver process for the adult-signature requirement.
9. What happens if IRCC does not
approve a minor’s request to apply alone?
IRCC states that if the request is refused, processing stops until an eligible person is available to apply on the minor’s behalf.
A child does not always need to apply for Canadian
citizenship together with a parent. Canada has two different citizenship
processes for permanent resident minors, and the correct application depends
largely on the citizenship status of the child’s parents.
A Minor 5(2) application is used when the
child has a Canadian parent or has a parent who is applying for Canadian
citizenship at the same time. The child must be a permanent resident, but does
not need to meet the 1,095-day physical presence requirement, file income taxes
for citizenship purposes, demonstrate language ability, or take the citizenship
test.
A Minor 5(1) application generally applies
when the child does not have a Canadian parent and does not have a parent
applying for citizenship at the same time. In this situation, the child must be
a permanent resident and generally must have accumulated at least 1,095 days
of physical presence in Canada during the five-year eligibility period. Tax
filing requirements can also apply where the child was required to file. Minor
applicants do not need to meet the adult language requirement or take the
citizenship test.
Normally, a parent, legal guardian, person with
custody, or another person legally empowered to act for the child submits the
application. However, a Minor 5(1) applicant who has no one legally able to
apply on their behalf may request permission from IRCC to apply independently.
Minors aged 14 to 17 must also sign their
application and, if citizenship is granted, generally take the Oath of
Citizenship.
Choosing between Minor 5(1) and Minor 5(2) is important because the physical presence, tax and application requirements are significantly different.
