Households and former youth in care
- Eligibility: You can apply for citizenship if you left child welfare/foster care in Canada, were ordinarily resident in Canada that day (usual home), and were not a citizen then (Bill s.5.3(1)).
- Care history: You must have spent at least 365 days in one or more covered care situations (Bill s.5.3(1)(d)(iii)).
- Physical presence: You must have been physically in Canada at least 1,095 days before you apply (Bill s.5.3(1)(d)(ii)).
- Time abroad after 18: You must not have lived outside Canada for more than 10 years since turning 18 (Bill s.5.3(1)(d)(iv)).
- When care ended: You generally must have moved to independence rather than back to a parent when care ended, unless that return to a parent happened within 365 days after you turned 18 (Bill s.5.3(1)(d)(i)).
- Proof: Your written statement about your time in care counts as proof unless the Minister shows, on a balance of probabilities, that it did not happen (Bill s.12(1.1)).
- Compassionate waiver: The Minister may waive any of the above requirements in paragraph (1)(d) based on your circumstances (Bill s.5.3(2)).
- Deportation pause: If you have a removal order, it cannot be enforced while your application under this section is pending, until a final decision is made (IRPA s.50(c.1)).
- Application window: The bill sets no filing deadline. Data unavailable on processing times.
Service providers and counsel
- New statutory route: You can file under the new Citizenship Act s.5.3 for eligible clients (Bill s.5.3).
- Evidence handling: Client affidavits or written statements trigger a presumption that time-in-care occurred unless the department disproves it (Bill s.12(1.1)).
- Removals: Filing under s.5.3 triggers a stay of removal until a final decision (IRPA s.50(c.1)).
Provincial/territorial child welfare agencies
- No new statutory duties are created. The Minister may still seek records to test or rebut applicant statements; the bill does not specify procedures or funding. Data unavailable.