Frequently asked questions: Intercountry adoption

What is a permanent resident visa?

A permanent resident visa is a document that allows an adoptive child to enter Canada to live permanently. When the child enters Canada, he or she must present the visa to an immigration officer at the point of entry. The permanent resident visa is issued when all immigration requirements are met. It is needed to grant the child permanent resident status upon arrival in Canada. This visa will expire one year after the medical examination of the child and must be used to bring the child into Canada before that date.

Can I bring my adopted child to Canada before the permanent resident visa is issued?

No. Before bringing your child to Canada, you must wait for notification that your child’s permanent resident visa has been issued. This will avoid unnecessary delays and costs.

Some provinces have laws that impose penalties on parents who bring adopted children into Canada before all provincial and immigration requirements have been met. If there is disagreement about the legality of the adoption, the child could be in Canada without a legal parent or guardian.

How does adoption affect my child’s relationship with her or his biological parents?

For Canadian immigration purposes, an adoption is only valid if it ends the child’s legal relationship with the biological parents. This means the child cannot later sponsor these relatives for entry into Canada.

How long will the adoption process take?

Canadian families planning to adopt a child in another country should understand that, even under ideal conditions, the adoption and immigration processes will take at least six to eight months from start to finish. Depending on the child’s country of origin, it is not unusual for the process to last two years or longer.

Long periods of waiting can seem unreasonable to a family anxious to welcome a new member but, to ensure that the rights of the child are protected, international adoption is by necessity a rigorous process. Adoptions must be approved by your provincial or territorial government in Canada, and the government of the country where the child lives.

The department gives priority treatment to visa applications for adopted children, but you should remember that a visa is not granted automatically once the adoption is finalized. The child must meet a number of immigration requirements before the visa can be issued, including a medical exam.

CIC officers must be satisfied that adoptions are made in the best interests of the child , respecting the safeguards put into place to prevent the abduction, sale or trafficking of children. While not common, in countries where there is evidence of fraud or trafficking , investigations may be required. These investigations may cause lengthy delays.

Will my child automatically be entitled to a Canadian passport once citizenship is granted?

As a Canadian citizen, your child will be eligible to apply for a Canadian passport immediately after citizenship is granted. A citizenship certificate is needed to apply for a passport. However, if you cannot wait for the citizenship certificate to be issued to your adopted child, you may apply immediately for a passport and Citizenship and Immigration Canada will send, with your consent, confirmation of your child’s grant of citizenship to the Canadian Government office outside Canada who issues the passport.

How long will it take to get a Canadian passport for my child once citizenship has been granted?

Please check the Passport Canada website for information on processing times for a Canadian passport.

If the adoption can be finalized only after my child has arrived in Canada, can citizenship still be directly granted?

This depends on whether the adoption is completed overseas or will only be completed once the adopted child arrives in Canada.

For example, for adoptions completed outside Canada, applications are processed at visa offices overseas. For adoptions completed inside Canada and for adopted people already living in Canada as permanent residents, applications are processed at the Case Processing Centre in Sydney, Nova Scotia.

I live in Quebec, so I have to bring my child to Canada after the adoption is completed abroad to have it formally recognized by the Quebec courts. Will I need to wait for the Quebec court decision before citizenship can be granted to my child?

No, if your adoption was completed outside Canada and meets the other requirements of the Citizenship Act, citizenship can be granted even if the adoption is not fully completed by the Quebec court, as long as the Quebec government has confirmed to CIC that the adoption process is mostly completed, except for the formality of recognition by a court in Quebec. The Secrétariat à l’adoption internationale is the authority responsible for international adoptions in Quebec.

Will my adopted child arrive in Canada sooner if I use the direct grant of citizenship process?

There will be no significant difference in processing times between the two processes. Adoption cases, whether applying through the citizenship or immigration process, are considered priority cases by CIC. Because adoption is governed by local and international law, officers need to be fully satisfied that adoptions meet all requirements before granting citizenship or issuing permanent resident visas.

Canadian adoptive parents can still apply for permanent residence (immigration) for their child rather than Canadian citizenship. What are the advantages to this approach?

The immigration process might be better suited for some people rather than the citizenship process. For example, some parents might want to let their adopted child choose to become a Canadian citizen as an adult rather than make that decision on behalf of their child, especially if their adopted child is from a country that does not recognize multiple citizenships.

Also, adoptees who come through the immigration process and then apply for a regular grant of citizenship will be able to pass on their citizenship to children they may have abroad, or apply for a direct grant of citizenship to any children they may adopt abroad, while adoptees acquiring citizenship through the direct route will not be able to do so.

Parents applying on behalf of a child where the adoption will be finalized in Canada will still require an application for permanent residence (immigration).

If I apply for permanent residence (immigration) or Canadian citizenship and my application is refused, what options do I have?

If your application for permanent residence is refused, you may appeal the decision to the Immigration Appeal Division. If your application for a grant of citizenship is refused, you may apply for judicial review of the decision to the Federal Court of Canada.

Is the criteria for a grant of citizenship for an adopted child different from the criteria for permanent residence?

The criteria for granting citizenship to a foreign-born adopted child of a Canadian citizen under the Citizenship Act are similar to those for granting permanent resident status to adopted children under the Immigration and Refugee Protection Regulations (IRPR). However, there are some differences. For example, adopted people applying for a grant of citizenship will not have to undergo a medical exam or background checks.

For the purpose of the Citizenship Act, only full adoptions will be eligible for a grant of citizenship. Other types of custody arrangements and adoption-like situations (for example, guardianship and simple adoptions) do not satisfy the requirements for a grant of citizenship.

For both types of applications, certain requirements must be met in order for the adopted person to be eligible to be sponsored to become a permanent resident or to be granted citizenship. The adoption must:

• be in the best interests of the child
• create a genuine parent-child relationship that permanently severs the legal ties to the child’s biological parents
• be in accordance with the laws of the country where the adoption took place and the laws where the adoptive parents reside and
• not have been entered into primarily for the purpose of acquiring a citizenship or immigration status or privilege.

If the adoption took place after the person turned 18, all the criteria listed above must be met (except for the “best interests of the child”), and there must have been a genuine parent-child relationship when the adoption took place and before the adopted person turned 18.

Finally, for an adopted person to be eligible for a grant of citizenship under the Citizenship Act, at least one of the adoptive parents must be a Canadian citizen by birth in Canada or through naturalization at the time of the adoption. The immigration process applies to adopted children of Canadian citizens or permanent residents.

Are the fees the same whether I use the permanent residence (immigration) or citizenship process for an adopted child?

There is a difference in fees between the citizenship and permanent residence applications. Note that the Citizenship Act and Immigration and Refugee Protection Act also use different age requirements in charging fees.

Citizenship
If, when applying, the adopted person is a minor (under 18):

• processing fee of $100

an adult (18 and over):

• processing fee of $100
• Right of Citizenship fee of $100.

Immigration
If, when applying, the adopted person is under 22:

• sponsorship fee of $75 and
• processing fee of $75

over 22

• sponsorship fee of $75 and
• processing fee of $475

I wanted to adopt a child from Guatemala but was told that there was a moratorium on adoptions from Guatemala due to child trafficking. Does the moratorium apply for citizenship applications as well and are there other countries from which I cannot adopt?

No, the involvement of the provinces/territorial authorities in the adoption process remains the same.

I have applied to sponsor my adopted child for permanent residence (immigration) and I want to apply for citizenship instead. Can you switch my application?

No, if you want to apply for a grant of citizenship for your adopted child, you will have to submit a citizenship grant application with the appropriate documents and fees. (Note: At least one parent must be a Canadian citizen through birth in Canada or through naturalization at the time of the adoption to be eligible to apply.) You may also withdraw your existing permanent residence application, and you may be eligible for a fee refund depending at which stage the application is withdrawn.

If your application is withdrawn before the sponsorship portion is assessed, you will be given a full refund of your fees. If the sponsorship portion has been assessed, but the permanent residence assessment at the visa office has not been completed, you would be eligible for a partial refund ($75 for children under 22 and $475 for adults over 22). Once processing has begun on the permanent residence portion, there will be no refund.

Can I submit an application for a citizenship grant even though I have a permanent residence (immigration) application active?

No, if you want to apply for a grant of citizenship for your adopted child, you will have to submit a citizenship grant application with the appropriate documents and fees. (Note: At least one parent must be a Canadian citizen at the time of the adoption to be eligible to apply.) You may also withdraw your existing permanent residence application, and you may be eligible for a fee refund depending at which stage the application is withdrawn. If your application is withdrawn before the sponsorship portion is assessed, you will be given a full refund of your fees. If the sponsorship portion has been assessed, but the permanent residence assessment at the visa office has not been completed, you would be eligible for a partial refund ($75 for children under 22 and $475 for adults over 22). Once processing has begun on the permanent residence portion, there will be no refund.

How do I get an application?

The applications are available on the CIC website and through the Call Centre.

I have already received permanent residence for my child and want to apply for citizenship. What should I do?

If your adopted child is already a permanent resident you may apply for a grant of citizenship . The same application and fees apply as for adopted children who are not permanent residents. In cases where the adoptive parent was a Canadian citizen at the time of adoption and was a citizen by birth in Canada or by naturalization, there are two possibilities. They can apply for a regular grant for a minor child of a Canadian or they can apply for a grant of citizenship under the adoption provision. However, you should be aware that by choosing the adoption grant route to citizenship, your child will be affected by the first generation limit and will not be able to pass on citizenship to any children they have outside of Canada or apply for a direct grant for any children they adopt.

If the adoptive parent was a citizen at the time of the adoption other than through birth in Canada or naturalization, they may apply for a regular grant for a minor child of a Canadian citizen.

If the parent(s) and the adopted child are currently permanent residents, the parent(s) may apply for citizenship (regular grant for a minor child) for the adopted child at the same time as they apply for citizenship for themselves.

How long will the citizenship adoption process take?

Adoption cases, whether applying through the citizenship or immigration process, are considered priority cases by CIC. There will be no significant difference in processing times between the two processes.

Canadian families planning to adopt a child in another country should understand that, even under ideal conditions, the adoption and citizenship processes will take at least six to eight months from start to finish. Depending on the child’s country of origin, it is not unusual for the process to last for two years or even longer. The department gives priority treatment to Canadian citizenship applications for these children.

Long periods of waiting can seem unreasonable to a family anxious to welcome a new member but, to ensure that the rights of the child are protected, international adoption is by necessity a rigorous process. Adoptions must be approved by the provincial or territorial government in Canada, and the government of the country where the child lives.

In addition, Citizenship and Immigration Canada must be satisfied that the child has not been sold, trafficked or abducted from their parents and that documentation for the child is valid. While not common, in countries where there is evidence of fraud or trafficking additional investigations may need to be undertaken. These investigations can take time.