From July 2020, Canada allows legal parents at birth and biological parents have the right to pass down Canadian citizenship to their children who were born abroad, one parent is a first-generation Canadian at the time the child is born. Once Canadian citizenship is transferred, it cannot be transferred again. This means that if you were born abroad to Canadian parents, your children will not automatically acquire Canadian citizenship if they were also born abroad.

1. Children born outside Canada

Under the Canadian Citizenship Act, parents who have the right to pass down Canadian citizenship to their children include the Legal parents at birth or the biological parents who are listed on the original birth certificate or birth record of a child. Parents who adopted the child after they were born and legal guardians do not have the right to pass down Canadian citizenship to the child.

A child can be a Canadian citizen if at least one (01) parent:

• Was born in Canada, or
• Became a naturalized Canadian citizen before the child was born (the parent was a permanent resident afterwards officially become a Canadian citizen through naturalization)

To be sure if a child born outside of Canada is a Canadian citizen, it is necessary that the parents apply for a Canadian Citizenship Certificate to pass down citizenship for the child or obtain a Canadian Citizenship Certificate for the child himself.

How to apply for a Canadian Citizenship Certificate for a parent or for a child born outside of Canada:

Note: an applicant for a Canadian Citizenship Certificate for a Child Born Outside of Canada must be the legal parent at birth or the biological parent.

• Application: on paper
• Application location: CPC Case Processing Center (in Canada) or at a Canadian embassy, ​​High Commission or Canadian Consular Office (outside Canada)
• Application steps:

Step 1: Prepare valid documents for identification, including at least 2 of the documents below, they show the applicant's name, date of birth and attach a photo:

• driver’s license
• age of majority card
• passport
• certificate of Indian status card
• health insurance identification card
• senior citizen’s card
• travel document

If the applicant lives outside of Canada and is unable to provide documents identifying Canadian identity, it is possible to provide foreign government-issued identification documents that are equivalent to the Canadian documents listed above such as passports, Government-issued identification documents.

Documents not accepted to confirm identity: Birth certificate, Social Security Number (SIN) card, bank card, credit card, and previous Canadian citizenship certificate.

If parents are applying on behalf of a minor who does not have two pieces of identification, or does not have a photo ID, include an explanation letter with the application.

Note: Documents, if presented in a language other than English or French, need to be translated into English or French with an affidavit from a certified Canadian Interpreter or Notary (if conducted outside of Canada). Translations must not be done by the applicants themselves or by members of the applicant’s family.

Step 2: Complete the application

Download the application form and print it out, then fill out the application with complete, accurate and truthful information.

Application form: CIT 0001

When a parent is completing this form for a minor under the age of 18, all questions are about minors and should be answered as if they were minors.

Step 3: Pay the registration fees

Processing fee is $75 CAN per person and fees are non-refundable once processing has commenced.

• Inside Canada and in USA: pay online via credit and prepaid cards from: Visa ®, MasterCard ®, American Express ®, JCB ®, UnionPay®
• Outside Canada and USA: pay directly to the Canadian Embassy, ​​High Commission or Consulate where the application is submitted.

After making payment, it is necessary to print or receive a receipt (if paying in person) and attach a copy of the receipt to the completed application.

Step 4: Submit the application

Once you have prepared all the documents and completed the application, you can proceed to send the completed application and payment receipt to the CPC Case Processing Center ( inside Canada) or a Canadian Embassy, ​​High Commission or Consulate (if outside Canada).

Processing time: at least 17 months (for applications outside Canada, the processing time will be longer)

Results:

• Canadian citizenship certificate: confirming that the parents are Canadian citizen and has the right to pass down Canadian citizenship for a child born outside Canada or certifying the child as a Canadian citizen (if the parent is applying for the child)
• Refusal letter: the parent is not a Canadian citizen and has no right to pass down Canadian citizenship for a child born outside Canada or certifying that the child is not a Canadian citizen (if the parent is applying for the child)

2. An adopted child born outside of Canada

A Canadian parent who adopted a child born outside Canada, the child:

• is not automatically a Canadian citizen
• needs to become a Canadian citizen to get the citizenship certificate

Procedure for a child to be adopted by a Canadian parent outside Canada become a Canadian citizen:

• Completing the international adoption process

Parents must meet the adoption requirements of the:

• Canadian province or territory where parents live
• adoption authority of the country where the child lives

Some countries have suspensions or restrictions on international adoptions such as Argentina, Laos, Iran,... However, Vietnam has no regulations prohibiting or restricting international adoption.

• Applying for naturalization for an adopted child

Requirements for an adopted child: not be a Canadian citizen and have at least one adoptive parent who is a Canadian citizen who meets the requirements of the Citizenship Act.

Requirements for adoption: the adoption must meet general requirements for the best interests of the child; create a genuine relationship between parent and child; in accordance with the laws of the place where the adoption took place and the laws of the country of residence where the adoptive parents reside; not have been entered into primarily for the purpose of acquiring status or privilege in relation to immigration or citizenship; not have occurred in a manner that circumvented the legal requirement for international adoptions.

Adoption application process

Step 1: Confirmation of adoptive parents' Canadian citizenship

The forms and documents to be completed are in accordance with Form CIT 0484E which includes:

• Application to confirm the parent's Canadian citizenship adoptive parents (CIT Form 0010)
• 01 Certificate of Canadian identity of the adoptive parents (driver’s license, age of majority card, passport, certificate of Indian status card, health insurance identification card, senior citizen’s card,travel document)
• Fee payment receipt

Step 2: Apply for naturalization of the adopted child

The forms and documents to be completed are in accordance with Form CIT 0485E which includes the Adoptee's Application ( CIT Form 0012)

Note: Documents, if presented in a language other than English or French, need to be translated into English or French with an affidavit from a certified Canadian interpreter or notary ( if conducted outside of Canada). Translations must not be done by the applicants themselves or by members of the applicant’s family.

Registration fees: age dependent and may include: processing fees, the right of citizenship fee

• Online payments via credit and prepaid cards from: Visa ®, MasterCard ®, American Express ®, JCB ®, UnionPay®Z
• After making the payment, it is necessary to print the receipt or receive the receipt (if paying in person) and attach a copy of the receipt to the completed application.

Application Location: Citizenship and Immigration Canada (Case Processing Center)

Results: Adoptive parents are confirmed as Canadian citizens. The adopted child will be granted citizenship and receive a Canadian Citizenship Certificate.