Citizenship Alert

April 17, 2009

The Government of Canada has passed legislation that took effect on April 17, 2009.  For a full analysis of the amendments and their potential impact, please read "How the 2009 Citizenship Law Applies to Adopted Children"

 

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Parents adopting overseas have to choose between the direct overseas citizenship route and the permanent resident visa route.  This decision is becoming more complicated as a result of the following problems:

1. Clients who have chosen the citizenship route are telling us that the wait for Part I approval from Sydney, Nova Scotia is getting longer.  Originally they were told it would take 4 weeks, then 8 weeks, then 12 weeks, and now at least 16 weeks for Part I approval.

Progress (March 6, 2009) The Government has devoted more resources to speeding up this step. Clients have recently reported that it is now taking between 6 and 9 weeks to receive Part 1 approval.  If you have recently received your Part 1 approval, please let us know how long it took to get it.

2. Canadian Embassies in foreign countries are inconsistent about the time it takes to issue citizenship approval for the child.  Some Canadian Embassies are granting citizenship in the same time it takes to get a permanent resident visa.  Other Embassies are saying it will take two or more months longer to grant citizenship than the permanent resident visa.

Adopting parents are not going to want to stay in a foreign country for an extra two months to obtain citizenship.

Progress (March 6, 2009) The Minister's office in Ottawa has advised us that AVERAGE processing times for Ethiopian adoptions in the Nairobi High Commission are significantly lower for Direct Citizenship (50 days) than for PR Visas (114 days). Of course, Canadian families are not usually "in-country" during this time for Ethiopian adoptions. A huge problem arises for families who are adopting from countries which require their presence for the adoption.  Delays of this length would be devastating.

We will post updates to this alert as new information comes available.  In the meantime, parents thinking of using the citizenship route should file their Part I application in a timely manner, allowing lots of time for Part I to be granted.

Prior to making a decision to apply for citizenship or go the permanent resident visa route, parents should try to determine whether the Canadian Embassy abroad will issue the child's Canadian citizenship in a timely manner or whether it will be a significantly longer time period than issuing the permanent resident visa.

If you have had experience with either the Part I application or with the Canadian Embassy overseas in obtaining Canadian citizenship for your child, please contact us and we will add your information to this alert.