Parental consent tip sheet

Information regarding parental consent: bringing minor children to Canada

This information is intended to help settlement workers, NGO staff and others assisting refugees who want to bring their children to Canada.

Immigration, Refugees and Citizenship Canada (IRCC) usually requires parents applying to bring their children to Canada to get the agreement of the other parent. This information explains how a refugee in Canada can do this, and how they can deal with other situations and problems that sometimes arise, such as if the other parent has died or disappeared.  

The information is organized into three sections.

I. The basics

IRCC usually requires that refugees applying to bring their children living abroad to join them in Canada obtain the agreement, or consent, of the other “non-accompanying” parent. Consent is required for biological or adopted children who are under 18.

A parent in Canada can also provide:

• the death certificate for the other parent, or
• proof that that they have sole custody of the minor child

In some situations, a parent in Canada may not be able to get the other parent’s consent or a death certificate for the other parent, and may not have sole custody of their child. In these cases, there may be other strategies for meeting the IRCC’s requirements; these are discussed in Part III. A parent in Canada who is finding it challenging to meet the IRCC’s requirements should consult a lawyer with experience in immigration and refugee law, if possible. 

IRCC has published information relating to the process for permanent residence applications by a parent who wants to bring their children to Canada.

Tips:

• It is important that a parent in Canada start the process for getting parental consent or a death certificate, or collecting other documents, as early as possible. These processes can take time – for example, it can take months to get a death certificate issued, or to make and document efforts to locate the other parent if their whereabouts are unknown.
• If the parent in Canada needs more time after IRCC requests the parental consent form, the parent should send a letter to IRCC asking for an extension of time.
• If the child is close to 18, and the parent hasn’t been able to collect the documents or address the issues needed to get IRCC’s approval, they may want to ask IRCC to keep the application open until the child turns 18. This needs to be requested or IRCC may simply close the file.

Although the Immigration and Refugee Protection Act doesn't mention the need for parental consent, IRCC requires a consent form from the non-accompanying parent, or documents showing why this is not possible, because they want to make sure that a child is not being taken from their home country against the wish or contrary to the rights of the other parent.

II. Providing parental consent, a death certificate, or proof of sole custody

1. Providing parental consent

In any immigration application that involves bringing a minor child to join one parent in Canada but not the other, IRCC requires that the other, non-accompanying parent give their consent to the minor child coming to Canada. This includes:

• One Year Window applications
• Dependents abroad of Protected Persons in Canada (accepted refugee claimants)
• Family Class sponsorships

At some point in the process, IRCC will send a request for the Declaration from Non-Accompanying Parent/ Guardian for Minors Immigrating to Canada, labelled IMM 5604. By signing this declaration, the non-accompanying parent consents to their child immigrating to Canada. The form makes it clear that, by agreeing to allow the child to come to Canada, the non-accompanying parent is not gaining a right to come to Canada themselves. 

In order to complete the declaration form, the non-accompanying parent must:

• go to a notary public to verify their identity and signature
• include a photocopy of a photo ID

Tips:

• The parent in Canada should submit the IMM 5604 once it’s completed. IRCC will request the IMM 5604 at some stage in the process but it’s not necessary to wait for it to be requested.
• It’s a good idea to start to work on getting the IMM 5604 signed as early as possible, as there may be delays, such as challenges in getting the form signed and notarized.  
• If the other parent is unable to find a notary public in their home country, IRCC may be willing to accept notarization of documents by zoom, even by a notary public in Canada.

2. Providing a death certificate

A parent in Canada seeking to have their child join them may not be able to submit a declaration form from the other parent because that parent has died. In that case, the parent in Canada can submit a death certificate confirming that the other parent has died.

Tips:

• If the parent in Canada does not already have the death certificate, it’s a good idea to start working to get the death certificate as soon as possible. In some cases, it may take a long time to get a death certificate.
• Even if the parent in Canada believes that it will be difficult to obtain the death certificate, it is important to make the attempt and document the results.

3. Providing proof of sole custody of the child, or where child has only one parent

A parent in Canada may have sole custody of a minor child living overseas, including the right to bring them to Canada. In this case, the parent will need to submit a copy of the court order giving them sole custody to IRCC.

In some situations, a parent in Canada may determine that it is not possible to meet the IRCC’s requirements, and that they should try to get a court order for sole custody. In these cases, the parent should consult a lawyer in the child’s home country to get an opinion on strategies for getting a custody order.

If the child has only one parent and that is indicated on the child’s birth certificate, parental consent is not required. If it is requested by IRCC, the parent can respond with a letter explaining that there is no other parent and attaching the birth certificate.

III. Other strategies for meeting IRCC’s requirements

In some cases, a parent in Canada may be unable to provide the other parent’s consent or death certificate, and unable to obtain an order giving them sole custody of their child. In these situations, a parent in Canada should ask the IRCC to waive its usual requirements for these documents on humanitarian and compassionate grounds. A parent in Canada should consult a lawyer with experience in immigration and refugee law in these cases.  

Here are some common scenarios and tips for meeting IRCC’s requirements in these cases.

1. The other parent has died but there is no death certificate

Sometimes it may not be possible to get a death certificate. In that case, the parent in Canada needs to provide evidence that shows that the other parent is dead, that they made best efforts to get a death certificate and that it is not possible to provide a death certificate.  

Tips:

The parent in Canada should start to gather information and documents as early as possible.

• They should make notes of their efforts to get a death certificate, including information about the local requirements to get one and why they were unable to meet them.
• They should brainstorm all ways to confirm that the other parent has died.

• They could talk to the other parent’s family, friends and colleagues and, if they have information, ask them to write a statement or letter. In their written statements or letters, the family member or friend should describe:

  • the circumstances of the person’s death and when they were last seen
  • their efforts to locate the person, and why they believe the person is dead

  If possible, the statement should be signed by a witness. A photocopy of a photo ID of the person writing the letter should also be provided, if possible.

• It is also helpful to provide:
  
  • photos of the funeral or tombstone
  • articles or reports that mention the person’s death or likely death
  • documentation showing country conditions if disappearances are common or authorities are unable to issue death certificates

2. The other parent has not been involved in a child’s care and the parent’s location is unknown

The other parent may not have been involved in caring for the child, and a parent in Canada may not know where they live. In these situations, the parent in Canada has two options.

Option 1:

A parent in Canada can seek an order from a court in the child’s home country giving them sole custody of the child, with the right to bring the child to Canada. A parent who pursues this strategy should seek legal advice from a lawyer in the child’s home country.

Option 2:

A parent in Canada can make efforts to locate the other parent and, if unsuccessful, provide evidence that the other parent has not been involved in the care of the child and cannot be located. In this situation, the parent in Canada will need to collect documents to show that unsuccessful efforts have been made to locate the other parent and that the other parent hasn’t been involved in caring for the children.

Tips:

A parent in Canada pursuing Option 2 should:

• start looking for the other parent as soon as possible, and make notes of their efforts
• attempt to locate the other parent through family connections and friends
• gather documents to show that the other parent has not been involved in the care of the child, including their own statement as well as statements from family members
  
  • statements that take the form of an affidavit – a sworn statement in which a signature is notarized – are preferable

3. The other parent is abusive and refuses to complete the declaration form

The other parent may refuse to give their consent to a child joining the parent in Canada. A parent who refuses to consent may have abused their child or the parent in Canada. In these situations, the parent in Canada has two options.

Option 1: They can seek an order from a court in the child’s home country giving them sole custody of the child, including the right to bring the child to Canada. 

• This will probably not be possible if the parent in Canada was recognized as a refugee based on the abuse, since the State was already acknowledged as unwilling or unable to protect the parent’s rights.
• A parent who pursues this strategy should seek legal advice from a lawyer in the child’s home country.

Option 2: A parent in Canada should gather documents and seek an exemption from the requirement for a declaration of consent by the other parent.

Tips:

• The parent in Canada should check their past refugee claim as well as the decision on the claim to see if these documents mention the abuse toward them or their child. If they do, they should be submitted to IRCC.
• The parent in Canada should write a detailed letter to IRCC explaining the facts and attaching all available evidence. That evidence should include statements from people who witnessed or knew about the issue, including people who may have lived with the child.
• If abuse against the child has taken place since the parent in Canada was separated from the child, the parent in Canada should try to get information and provide documents about the abuse.
• If the parent in Canada tried to get a court order giving them sole custody of the child, those efforts should be documented and provided.
• The parent should consult a lawyer with experience in immigration and refugee law, if possible.

4. A child can’t get a passport and is not allowed to leave their home country

Some countries will not issue a passport and will not allow a minor to leave without the consent of the non-accompanying parent.

In these situations, the Canadian government is unable to help.

If the other parent's consent is not available, it may be necessary to explore other strategies for the child to leave their home country.