Canadians who adopt children abroad will find it easier to have their newest
family members become Canadian citizens. The new law allows children adopted
abroad by Canadian citizens to obtain Canadian citizenship without first having
to become permanent residents. After Dec. 23, 2007, citizenship can be granted
to them after the adoption is complete, after submitting an application for
citizenship.
Bill C-14, an amendment to Canada's Citizenship Act which became law
on June 22, 2007, will go into effect Dec. 23. As a result, the difference in
treatment between children adopted abroad and children born abroad to a Canadian
parent is minimized.
Under the current system, a Canadian adopting children abroad must first
apply to sponsor the child to come to Canada, then seek a permanent resident
visa, then apply for citizenship. Now, parents will apply for their adopted
child's citizenship abroad rather than submit sponsorship and permanent resident
applications. They will save time and have less paperwork, as the steps are
merged into one. Once the child has citizenship, the parent will be able to
apply for a Canadian passport through the appropriate Canadian government office
outside Canada.
Some adopted children will still have to go through the immigration process,
if the adoption is to be completed (finalized) in Canada or is a guardianship
arrangement rather than a full adoption.
The new law also permits granting citizenship to children adopted overseas
after Feb. 14, 1977. In Quebec, it allows citizenship to be granted before
finalizing an adoption for children adopted into Quebec; it's the only province
which doesn't complete adoptions until the children are in Canada and living
with their adoptive parents.
Under the existing law, when an application for citizenship is refused, the
parent may apply for judicial review at the Federal Court and is limited to the
grounds set out in the Federal Courts Act. This situation is not changed
by Bill C-14. In contrast, when an application for permanent residence is
refused, the parent may have recourse to the Immigration Appeal Division and the
case may be reviewed on both facts and law.
