Guide CIT 0497 - Application for Grant of Citizenship for Stateless Persons Born to a Canadian Parent (Subsection 5(5))

Table of Contents

• Overview
• Before you apply
• Step 1. Gather documents
• Step 2. Complete the application
• Step 3. Pay the fees
• Step 4. Mail the application
• What happens next?

This is not a legal document. For legal information, refer to the Immigration and Refugee Protection Act and Regulations or the Citizenship Act and Regulations, as applicable.

This publication is available in alternative formats upon request.

Overview

Application package

This application package consists of:

• an instruction guide and
• the required forms

The instruction guide is a tool that provides:

• the information you must know about this application before sending it to Citizenship and Immigration Canada (CIC) and
• assistance with how to fill out the forms and the required supporting documents

Read the instruction guide thoroughly and then fill out each of the applicable forms.

The forms are specifically designed with questions that will assist the processing of your application.

Symbols used in this guide

This guide uses the following symbols to indicate information of particular importance.

What you must do to have your application processed.

Important information that you need to be aware of in order to avoid delays or other problems.

Where to get more information.

Note:

Tips that will assist you with this application.

The application process

The instructions provided in this guide follow the basic steps you will need to know to complete your application.

1. Gather documents
2. Complete the application
3. Pay the fees
4. Mail the application

Before you apply

Who may use this application

This application is for a person who is and has always been stateless and was born outside Canada on or after April 17, 2009, to a Canadian parent, and who wishes to acquire Canadian citizenship.

• If you are an adult (18 years of age and over)
  • then you are the applicant
• If you are filing this application for a minor (under 18 years of age)
  • then the child is the applicant

Limits to citizenship by descent under the Citizenship Act

Since April 17, 2009, Canadian citizenship by birth outside Canada to a Canadian parent (citizenship by descent) is limited to the first generation born outside Canada.

This means that, in general, children born outside Canada to a parent who was a Canadian citizen at the time of birth will only be Canadian at birth if:

• the parent was born in Canada, or
• the parent became a Canadian citizen by immigrating to Canada and being granted citizenship.

This limitation to citizenship by descent also applies to foreign-born individuals adopted by a Canadian parent. This means that children born outside Canada and adopted by a Canadian parent will only be eligible for a grant of Canadian citizenship under the adoption provisions of the Citizenship Act if:

• the adoptive parent was born in Canada, or
• the adoptive parent became a Canadian citizen by immigrating to Canada and being granted citizenship.

There are exceptions to these rules. The limitation does not apply to a child born or adopted outside Canada in the second or subsequent generation if, at the time of the child’s birth or adoption, the child’s Canadian parent was working outside Canada for the Canadian government or a Canadian province or territory, or serving outside Canada with the Canadian Forces.

The new rules will not take citizenship away from a person who was a citizen immediately before the rules came into effect on April 17, 2009.

For children who are not eligible for citizenship by descent under the Citizenship Act, there are two options for obtaining citizenship:

• They may be eligible to be sponsored as permanent residents under the Immigration and Refugee Protection Act. An application for a minor grant of citizenship under subsection 5(2) of the Citizenship Act may be submitted as soon as the child becomes a permanent resident.
• They can apply for a grant of citizenship for stateless persons under subsection 5(5) of the Citizenship Act.

If you think the above limitation may apply to you or your child, please contact us for further information. See the “How to Contact CIC” section at the end of this instructions guide.

What is Statelessness?

A person is considered stateless if that individual is not recognized as a citizen or national by any country or state under its domestic law. This means that persons born to a Canadian parent may be stateless at birth because they:

• were born outside of Canada on or after April 17, 2009 (after the coming into force of the first generation limit to citizenship by descent),
• did not acquire citizenship by descent due to the laws of the countries of which their parents are also citizens, and
• did not acquire citizenship of the country of their birth because of the laws of that country.

Assessing your eligibility

To be eligible for citizenship using this application you must:

• be born outside Canada on or after April 17, 2009 (i.e. after the coming into force of subsection 5(5) of the Citizenship Act),
• have a birth parent who was a Canadian citizen at the time of your birth,
• be less than 23 years of age at the time of application,
• have resided in Canada for at least three years during the four years immediately before the date of your application,
• have always been stateless,
• not be the subject of a declaration by the Governor in Council made pursuant to section 20 of the Citizenship Act, and
• not have been convicted under sections 2, 47, 51 or 52 of the Criminal Code, subsection 5(1) and sections 6 and 16 to 22 of the Security of Information Act, or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in the above provisions.

Note: Although a guardian may file an application on behalf of a minor child, one of the child’s birth parents must have been a Canadian citizen at the time of the child’s birth.

How do I calculate my residence?

The Citizenship Act requires a stateless person to reside in Canada 3 years (1095 days) in the 4 years immediately before the date of the application.

Are you applying too early?

Note. If you apply before you meet the residence requirement you will not qualify for citizenship.

The application process

If yes, an acknowledgement letter will be sent to you.
CPC Sydney sends your application to a CIC office for further processing.

If no, your application will be returned to you.End of process.

If yes, a citizenship certificate will be mailed to you.

If no, a letter of explanation will be sent to you.

Legend

Step 1. Gather documents

What documents are required?

The table below outlines the documents that you need to include with your application. You may also use the Document Checklist (CIT 0499) included in this package to assist you in gathering the necessary documentation.

If any of the required documents is missing, or photocopies are not clear, your application may be returned to you.

Important information. Note: Additional documents may be required during the processing of your application.

Failure to submit the required documents will result in delays in the processing of your application.

Legal name change

If you have legally changed your name, you must provide documentation showing the use of both old and new names.

The name on your citizenship certificate will be the same as the one shown on your birth certificate or immigration document if you have one unless:

• you have legally changed it after arriving in Canada, or
• you are requesting a different name for your citizenship certificate and you can provide supporting documents.

• If you have legally changed your name
  then you must provide a copy of:
  • an approved amendment to your immigration document, or
  • a provincial legal change of name document, or
  • a provincial adoption order indicating your new name.
• If you are requesting a name change that is not significant (for example a slight change in spelling)
  then you must provide a copy of one of the following that reads exactly the same as the name you are requesting:
  • a provincial health card, or
  • a provincial driver’s licence, or
  • an official school record issued by the provincial department responsible for education.
• If you are requesting a name change that is significant (more than a slight change in spelling)
  then you must provide a copy of:
  • the provincial documents noted above and
  • linking documents showing the use of both old and new names, and the basis for the change.

  Examples of linking documents include:

  • marriage certificate
  • foreign change of name document
  • divorce judgment
  • adoption order, or
  • foreign passport showing both names.

Date of birth correction

The date of birth on your citizenship certificate will be the same as the one shown on your birth certificate or immigration document if you had one unless:

• you have legally changed it, or
• you are requesting a different date of birth for your citizenship certificate and you can provide supporting documents.

• If you are a former permanent resident of Canada, and your date of birth has been corrected on your immigration document
  then you must provide a copy of:
  • an approved Request to Amend Immigration Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292 or IMM 5688) and
  • your new corrected Permanent Resident Card (if you have one).
• If you have legally changed the date of birth by a provincial/territorial court order
  then you must provide a copy of:
  • provincial/territorial court order changing the date of birth, and
  • completed questionnaire Request to Correct a Date of Birth for Citizenship (CIT 0464)
• If you did not change your date of birth by a provincial/territorial court order and your date of birth has not been changed on your immigration document
  then you must provide a copy of:
  • a refused Request to Amend the Immigration Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292 or IMM 5688) and
  • a completed questionnaire Request to Correct a Date of Birth for Citizenship (CIT 0464), and
  • documents to support your new date of birth.

Quebec government documents

The following documents issued by the government of Quebec before January 1, 1994 are not accepted

• baptismal certificates
• birth certificates, and
• marriage certificates.

For more information. If you are currently in possession of one of these certificates you must obtain a new document by contacting the office of the Directeur de l’état civil du Québec by visiting their website.

Certified true copies

To have a copy certified, an authorized person must compare the original document to the photocopy and must print the following on the photocopy:

• “I certify that this is a true copy of the original document,”
• the name of the original document,
• the date of the certification,
• his or her name,
• his or her official position or title,
• his or her signature.

Who can certify copies?

Persons authorized to certify copies include the following:

In Canada:

• a commissioner of oaths
• a notary public
• a justice of the peace

Outside Canada:

• a foreign service officer
• a judge
• a magistrate
• an officer of a court of justice
• a person authorized to administer oaths in the country in which the person is living

Translated documents

Any document that is not in English or French must be accompanied by:

• the English or French translation, and
• an affidavit from the person who completed the translation.

Note: An affidavit is a document on which the translator has sworn, in the presence of a person authorized to administer oaths in the country in which the translator is living, that the contents of their translation are a true translation and representation of the contents of the original document. Translators who are certified members in good standing of one of the provincial or territorial organizations of translators and interpreters of Canada do not need to supply an affidavit.

Photographs

You must:

• provide two (2) identical citizenship photographs;
• print the Citizenship Photographs Specifications page and take it to the photographer to make sure you get the correct size photos (passport size photo);
• follow the steps explained on the form;
• do not staple, glue or otherwise attach the photos directly to the application.

Step 2. Complete the application

Filling out the application

Follow the step-by-step instructions below to complete the application form.

The following is the form that must be filled out and submitted:

Application for grant of citizenship for stateless persons born to a Canadian parent – Subsection 5(5) (CIT 0497) (PDF, 250 KB)

Note. It is a serious offence to give false or misleading information on these forms. The information you provide on your application may be subject to verification.

Important information

Be complete and accurate

Complete all sections. If any section is not apply to you, write «NA» (“Not Applicable”). If your application is incomplete it may be returned to you and processing may be delayed.

If you need more space for any section, use an extra sheet of paper and indicate the number and/or letter of the section you are completing and submit it along with your application.

Section 1

Question 1

Would you like to receive service (correspondence, interview) in English or French?

Section 2

Question 2

Check the box to indicate if you have any special needs. If yes, explain.

 

Special needs are described as:

• wheelchair access
• sign language interpretation
• personal assistance (for example, you will be accompanied by a care attendant, an interpreter, a seeing eye dog, a sighted guide, etc.)

Section 3

Question 3A

Write your last name (surname/family name) and given name(s) exactly as they appear on your immigration document or birth certificate. Your immigration documents include your:

• Record of landing (IMM 1000)
• Confirmation of Permanent Residence (IMM 5292 or IMM 5688)
• Permanent Resident Card (PRC)
• Temporary Resident Permit

Question 3B

Did you have a legal change of name or are you requesting a different name on your citizenship certificate?

If yes:

• see legal name change section in this guide in Gather Documents and
• write the last name (surname/family name) and given name(s) you request to appear on your citizenship certificate.

Note: A request for a different name is subject to approval by CIC.

Question 3C

Write if you:

• have used another name in the past (such as your birth name, maiden name, married name), or
• are known by a name other than the one you listed above (such as a nickname or community name).

Section 4

Question 4A

Write your date and place of birth, including the city or town and country.

Question 4B

Did you acquire citizenship from the country where you were born? If you check no, explain.

Section 5

Question 5

Check the box to indicate whether you are a male or female. Include your height, eye colour, and your legal marital status.

Important information. Your family and given name, date of birth and sex will appear on your citizenship certificate.

Section 6

Question 6A

Write your current home address, complete with:

• street address
• city or town
• province
• postal code

Question 6B

If your mailing address is different from your home address, write your complete mailing address.

Question 6C

List the telephone number(s) where you can be reached.

Question 6D

Indicate your e-mail address using this format (if applicable): name@provider.net CIC may contact via e-mail if necessary.

Section 7

Question 7A

• Indicate the relationship of your parent(s) to you by checking “Natural” or “Adoptive”.
• Write your parent(s)' surname/last name, given name(s), date of birth and country of birth.
• Indicate where your parents were married (if applicable), and the date of the marriage.
• Check the box to indicate how your parent(s) obtained Canadian citizenship.
  Was it through their parents or by naturalization? (certificate # if available)
• Check the box to indicate if your parents are or were a citizen of a country other than Canada. If yes, provide the details showing the country, date and how citizenship was obtained.
• Check the box to indicate if your parents were employed outside Canada at the time of your birth by the Canadian Forces or the federal or provincial public administration otherwise than as a locally engaged person.
• If your parents were born in Canada, check the box to indicate if one of his or her parents were employed by a foreign government or international agency. If yes, provide details.

Question 7B

Check the box to indicate if either your mother or your father was born outside Canada to a Canadian parent. If yes, provide applicant’s grandparents details by adding surname/last name, given name(s), country and date of birth.

Section 8

Question 8A

Write the date you first came to Canada to live.

Question 8B

Write all your addresses in Canada for the last four (4) years. If you were residing, employed or attending school outside Canada, you must also list all foreign addresses.

Question 8C

Write your work and education history (inside and outside Canada) in the last four years, including the city and country, starting with your most recent. If you were unemployed, retired, homemaker, etc. please indicate under “Work/Education” and indicate the time period.

Section 9

Question 9

Enter absences from Canada and calculate your residence by completing question A to E in the section “Calculation of time towards residence.”

Section 10

Question 10

Answer all of the questions by checking YES or NO to the prohibitions. For any yes responses provide details.

Note: CIC checks with the Royal Canadian Mounted Police (RCMP) and the Canadian Security and Intelligence Service (CSIS) to find out if there are any criminal or security reasons which could prevent you from acquiring Canadian citizenship. You may be required to provide fingerprints or court documents to ensure that you are not prohibited under the Citizenship Act.

Section 11

Question 11A

Check either the Yes box or the No box to indicate whether or not you authorize Citizenship and Immigration Canada (CIC) to give your name, address, sex and date of birth to Elections Canada to be added to the National Register of Electors (the Register).

When you become a Canadian citizen and are 18 years of age or older, you have the right to vote in federal elections and referendums. Elections Canada maintains the Register and uses it during a federal election or referendum to produce voters lists and to communicate with eligible voters.

If you check the Yes box, CIC will give your name, address, sex and date of birth to Elections Canada to be added to the Register, but only after your Canadian citizenship has been granted. If you check the No box, CIC will not give your information to Elections Canada.

You will still have the right to vote in federal elections and referendums, but you will have to take the necessary steps to be added to the list.

 

More information about the Register and its uses is available at www.elections.ca. You can also call Elections Canada at 1-800-463-6868.

Question 11B

Check whether you reside (live) in Quebec.

 

If yes, indicate whether you authorize CIC to provide your name, address, sex and date of birth to the Chief Electoral Officer of Québec so that your name can be added to the Permanent List of Electors (voters).

If you do not provide the authorization, you will have to go to the revision office and present two supporting documents to register your name on the list of electors to be able to vote in a provincial, municipal or school election.

Section 12

Question 12

The parent or legal guardian(s) or applicants 18 years of age or older must sign the application, using the same signature they currently use on other official documents. Enter the place (city, town or village) and date beside the signature. Sign and date the application on the same day.

Note: Children who are 14 years of age or older must also co-sign the application form with the parent or legal guardian who is applying on behalf of the child.

Note. Your application will be returned to you if the application form is:

• not signed and dated,
• stale-dated (dated more than 90 days before CIC receives it), or
• post-dated (dated into the future).

Section 13

Question 13

Indicate whether you had assistance in completing this form, either from:

• an individual (including a family member, a friend, a volunteer, a consultant, a lawyer, etc.),
• a firm (company), or
• an organization.

If yes, the person who completed the form for you must:

• print their name and address,
• sign their name, and
• write the date the form was signed.

Step 3. Pay the fees

Calculating your fees

If more than one member of your family is applying for Canadian citizenship pay the fees all together.

Use the table below to calculate the total amount of fees to be paid. Fees must be included with this application.

Explanation of fees and refunds

The following text describes the fees that are required and if they are refundable. All payment must be made in Canadian funds.

Type of Fee: Right of Citizenship Fee (18-23 years of age or older)

Amount: $100 for each adult stateless person

Refundable if:

• your application is refused, or
• we receive your request to withdraw your application before the date the person becomes a Canadian citizen.

Note: We will issue the refund to the person indicated on the Payer Information section of the receipt. If there is no name indicated on the receipt, we will send the refund to the applicant.

Important information

Incorrect fee payment

Incorrect fee payments may delay processing your application.

Payment issue – No fee included

CIC will return your application.

Note: Processing of your application will only start after you return your application with requested fees.

Payment issue – Insufficient fees included

CIC will inform you of how much to pay and how to pay.

Note: Processing of your application will only continue after you provide the missing fees.

Payment issue – Overpayment

CIC will:

• start processing your application, and
• send you a refund as soon as possible.

Note: You do not have to request a refund, it will be done automatically.

Important information

Payment method options

Preferred method of payment

Payment of fees online is the preferred method of payment.

On line fee payment

Resources required

You can pay your fees on line if you have:

• a credit card (Visa, Mastercard or American Express)
• access to a computer with an Internet connection
• a valid e-mail address
• access to a printer (you will need to print the receipt)

Instructions

Follow these step-by-step instructions to pay using the Internet.

1. Go to the CIC website.
   • Select Pay your fees.
   • Select Pay my fees online.
2. Follow the on-line instructions.

   At the end, click on the button to print the CIC official receipt with barcode.

   Note. Do not exit without printing the receipt (page)!

3. Fill in the Payer Information Section by hand.

4. Attach the bottom portion (copy 2) of this receipt to your completed application.

Proof of payment

The receipt printed off of the Internet in step 2 of the instructions above will serve as your proof of payment.

Obtaining an original receipt form–Inside Canada

You may obtain an original receipt form (IMM 5401) by ordering through our website.

Fee payment at financial institutions

If you do not wish to pay using the Internet, payment must be made at a financial institution in Canada. The financial institution will let you know what method of payment it accepts. There is no banking charge to pay at a financial institution.

Note

The only acceptable forms of payment are on-line or through a financial institution in Canada. If you send any other form of payment your application will be returned.

Availability

For clients located inside Canada only.

Resources required

A payment receipt form (IMM 5401) can be ordered through our website.

Instructions

Follow these step-by-step instructions to pay at a financial institution in Canada.

1. Calculate the total fee amount to be paid using the chart Calculating your fees at the beginning of this section.

2. Fill out one (1) payment receipt form (IMM 5401).

   Important information. An original payment receipt form (pink and white) must be used. A photocopy is not acceptable.

   For more information. See: “Obtaining an original receipt form – Inside Canada” in this section.

3. Insert the total amount paid on line 09 Citizenship or Immigration Services Fees.

   Important information. Do not complete the top two portions of the receipt. These will be completed by the financial institution.

4. Fill in the Payer Information section on the back of the payment receipt form.

   Do you already have an open file and know the client identification number (client ID) that we have assigned to you?

   • If yes, enter the number in the box provided for that purpose.
   • If no, leave that box empty.

5. Bring the receipt form and your payment to the teller (cashier) at the financial institution. Do not present your application, only your receipt form.

   The teller (cashier) will:

   • stamp and enter the amount paid in the upper two portions of the receipt form, and
   • give you the top two portions of the form.

   Important information. Do not make payment using the automated teller machines or on a financial institution website.

6. The following list indicates what you should be doing with the different parts of the IMM 5401 receipt.

   • Copy 1 (top): Keep for your records.
   • Copy 2 (middle): Attach to your completed application.
   • Copy 3 (bottom): The financial institution will keep the bottom part.

Proof of payment

Completed payment receipt form (Original form IMM 5401)

Obtaining an original receipt form–Inside Canada

You may obtain an original receipt form (IMM 5401) by ordering through our website.

Step 3. Mail the application

Where to mail the application

Mail your completed application in a stamped envelope to the address shown below:

Affix sufficient postage (top right of the envelope)

Sender (top left of the envelope)
(Your name)
(Your Address)
(Your Postal Code)

Recipient (centre of the envelope)
Case Processing Centre – Sydney
Grant Statelessness
P.O. Box 12000
SYDNEY, NS  B1P 7C2
CANADA

If you are sending more than one application

If you are sending more than one application (for example, applications for family members), you may send one receipt to cover all applications. Mail the receipt (if applicable) and all applications together in one envelope so that they will be processed together.

Note

Reminders…

• Your application will also be returned to you if it is stale-dated (dated more than 90 days before CIC receives it) or it is post-dated (dated into the future).
• You must be eligible for citizenship the day before you sign the application.
• Make sure you have included proof of payment.
• The application must be signed and dated before it is mailed. If your application is not signed and dated, it will be returned to you.
• Make sure to use the document checklist and include it with your application.

What happens next?

Once your application is received in CPC Sydney

he Case Processing Centre (CPC Sydney) reviews your application to make sure:

• the necessary documents are all included in order to process your application, and
• the appropriate fee payment has been made.

Local CIC office

The Case Processing Centre refers the application to local CIC office for the judge’s decision. You may be called for an interview with a citizenship judge.

When your application is approved by the citizenship judge, you will receive:

• a Canadian citizenship certificate by mail.

Important information

Updating your contact information

During the application process, you must advise us of any change of address or telephone number by:

• going to www.cic.gc.ca, select Change address; or 
• see “How to Contact CIC” at the end of this Guide.

Checking application status on-line

You can check the status of your application on-line by doing the following:

1. Go to the CIC website.
2. Select Check application status.
3. Follow the instructions provided.

Note: Your application status will only appear on-line once the initial review by CPC Sydney is completed.

To obtain details on how to remove your application status information from the Internet, visit the “Frequently Asked Questions” (FAQ) section .

Protecting your information

Your personal information is:

• only available to Citizenship and Immigration Canada (CIC) and Canada Border Service Agency (CBSA) employees who need to see it in order to provide the services to you, and
• not disclosed to anyone else except as permitted under the provisions of the Privacy Act.

For more information. You can obtain additional information on the protection of your data by visiting the Help Centre on our website.

Quality Assurance Program

Our quality assurance program randomly selects applications for a special review. If selected you will be asked to attend an interview with a Citizenship and Immigration official so that we can:

• verify the documentation you submitted is accurate,
• verify that your application has been completed properly.

Note: You will be notified in writing should your application be selected.

How to contact CIC

Within Canada

CIC Call Centre:
1-888-242-2100 (toll-free)

Hours of operation:
Monday to Friday 8 a.m. to 4 p.m., your local time

If you are deaf, deafened or hard of hearing, or you have a speech impediment and use a text telephone, you can access the TTY service from 8 a.m. to 4 p.m. your local time by calling: 1-888-576-8502 (in Canada only).