The Government of Canada provides citizenship accommodations and waivers for individuals who face barriers in meeting certain requirements due to compassionate or medical circumstances. Under subsection 5(3) of the Citizenship Act, waivers are granted when accommodations alone are not sufficient to help an applicant fulfill citizenship criteria.
What Is the Difference Between Accommodations and Waivers?
- Accommodations– Adjustments made to help applicants meet requirements (e.g., accessible venues, extra test time, Braille or oral versions of the citizenship test).
- Waivers– Exemptions granted when an applicant is unable to meet certain requirements, even with accommodations.
Who Is Eligible for a Citizenship Waiver?
Citizenship waivers are available for applicants who cannot meet certain requirements due to compassionate or medical reasons.
- Adult Applicants (18+)– Can request waivers for:
- Language Requirement(English or French proficiency).
- Knowledge of Canada (citizenship test).
- Oath of Citizenship(only if they cannot understand its significance due to a mental disability).
- Minors (14-17 years old)– Can request waivers for:
- Oath of Citizenship (if unable to take it due to compassionate or medical reasons).
- Minors Applying Under Subsection 5(1)– Additional waivers available for:
- Physical Presence Requirement (time spent in Canada).
- Parental Signature on the Application (if unable to obtain parental consent).
- Applicants Aged 55+ – Automatically exempt from the language and knowledge test.
What Are Compassionate Grounds?
- Severe and Prolonged Medical Conditions– Serious illnesses, physical/developmental disabilities, or mental impairments lasting one year or more.
- Trauma from War, Torture, or Refugee Experiences– Applicants who have faced extreme hardship.
- Low Education or Literacy Levels –Difficulty learning due to lack of education in their mother tongue.
- Other Exceptional Circumstances– Situations that reasonably prevent the applicant from meeting a citizenship requirement.
How to Apply for a Citizenship Waiver
Applicants can request a waiver at any stage of their application by submitting supporting documents.
- At the Time of Application:
- Include the Waiver Request Form (CIT 0116)for language/knowledge waivers.
- Provide a Medical Opinion Form (CIT 0547)if applying for medical reasons.
- Minors requesting an oath waiver should submit the Waiver Request Form for Minors (CIT 0554).
- During Processing:
- If IRCC officers recognize an applicant may qualify for a waiver (e.g., during an interview or test), they may refer the casefor a waiver assessment.
- If Waiver Is Denied:
- The application will not be refused. Instead, the applicant will be allowed to continue the process and meet the requirements with accommodations.
Waiver Decision Process
- All waiver requests are reviewed by citizenship officers at the Citizenship Case Management Branch (CMB).
- If additional documents are needed, IRCC will contact the applicant.
- If no additional information is provided, IRCC will make a decision based on existing documents—the application cannot be abandoned for lack of response.
Key Takeaways
- Waivers help individuals who cannot meet citizenship requirements due to compassionate or medical reasons.
- Language and knowledge requirements may be waived for adults (18-54) in exceptional cases.
- Minors (14-17) can request an oath waiver, and minors under 18 may also seek exemptions for physical presence or parental signatures.
- Citizenship applicants aged 55+ are automatically exempt from language and knowledge testing.
- Waivers must be requested through specific forms and may require medical documentation.
Need Assistance?
At Fridman and Company, we specialize in citizenship applications and waiver requests. If you need help applying for a waiver due to compassionate or medical reasons, contact us at 204-944-8889 or email us at lawoffice@fridman.ca for personalized support.
For official details, please visit the official Government of Canada website.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. For specific guidance, consult an immigration lawyer.