Citizenship Regulations, No. 2

Marginal note:Application under subsection 5.1(1) of Act — minor child

5 An application made under subsection 5.1(1) of the Act on behalf of a child who is a minor on the day on which the application is made must be

• (a) made in the prescribed form by a parent or legal guardian;

• (b) countersigned by the child if the child has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the significance of the application because of a mental disability; and

• (c) filed in the manner determined by the Minister, together with the following information and materials:

  • (i) a birth certificate of the child or, if unobtainable, other evidence that establishes the child’s date and place of birth,

  • (ii) evidence that establishes that a parent of the child was a citizen at the time of the adoption,

  • (ii.1) if, at the time of the adoption, only one of the parents of the child was a citizen — and that parent of the child was a citizen under any of paragraphs 3(1)(b), (c.1), (e), (g) to (j) and (o) to (r) of the Act and was born outside Canada — evidence that establishes that that parent of the child was physically present in Canada for at least 1,095 days before the adoption,

  • (ii.2) if, at the time of the adoption, only one of the parents of the child was a citizen — and that parent of the child was a citizen under paragraph 3(1)(f) of the Act and was born outside Canada to a parent who was a citizen at the time of the birth of that parent of the child — evidence that establishes that that parent of the child was physically present in Canada for at least 1,095 days before the adoption,

  • (ii.3) if, at the time of the adoption, both of the parents of the child were citizens under any of paragraphs 3(1)(b), (c.1), (e) to (j) and (o) to (r) of the Act and were born outside Canada — and, in the case of a parent of the child who was a citizen under paragraph 3(1)(f) of the Act, that parent of the child was born to a parent who was a citizen at the time of the birth of that parent of the child — evidence that establishes that at least one of those parents of the child who was a citizen under any of those provisions was physically present in Canada for at least 1,095 days before the adoption,

  • (ii.4) if, at any time, only one of the parents of the child was a citizen and that parent of the child was a citizen under any of the provisions referred to in clauses 3(3)(b)(i)(A) to (H) of the Act or both of the parents of the child were citizens under any of those provisions, evidence that establishes that at least one of those parents of the child who was a citizen under any of those provisions was physically present in Canada for at least 1,095 days before the adoption,

  • (iii) in the case of an application made by a non-citizen parent or a legal guardian, evidence that establishes that the applicant is a parent or legal guardian of the child,

  • (iv) if the child has attained the age of 14 years on or before the day on which the application is made and has not countersigned it, evidence that establishes that the child is prevented from understanding the significance of the application because of a mental disability,

  • (v) evidence that establishes that the adoption took place on or after January 1, 1947 and while the child was a minor,

  • (vi) two photographs of the child in the format specified on the prescribed form, and

  • (vii) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.