Differences between Waivers on Compassionate Grounds for Citizenship Applicants and Humanitarian and Compassionate Grounds for Permanent Resident Status Applicants

Sep 18, 2026

Uploaded by Stanford

Memorandum outlines Canada’s discretionary waivers of citizenship language and knowledge requirements on compassionate grounds under subsection 5(3) of the Citizenship Act, including the legal basis, history, and current practice. It summarizes concerns from a 2020 evaluation that waiver information is not transparent and compassionate grounds are not well defined, leading to difficulties for refugees and low-proficiency applicants. It describes delegation to citizenship officers, reliance on permanent medical conditions, limited public guidance, and potential resource and communications impacts from making waiver information clear and publicly accessible.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages7

Reading Time18 min

AccessFree to download

Summary

Background

Current Status

Legal Implications

Communications Implications

Next Steps

Annexes

Immigration,Refugees Immigration,Réfugiés and Citizenship Canada et Citoyenneté Canada Deputy Minister Sous-ministre Ottawa K1A 1L1 MEMORANDUM TO THE MINISTER # DISCRETIONARY WAIVERS ON COMPASSIONATE GROUNDSFOR CITIZENSHIP LANGUAGE AND KNOWLEDGE REQUIREMENTS FOR INFORMATION ## SUMMARY ·The purpose of this memorandum is to inform you of the Department's approach toproviding transparent information to clients about waivers of language and knowledgerequirements on ‘compassionate grounds'under subsection 5(3)of the Citizenship Act. ·In 2020,an Evaluation of the Citizenship Program concluded that:(a)waiver information isnot transparent;(b)compassionate grounds are not well-defined;and,(c)demonstrating thelanguage and knowledge requirements can be difficult,particularly for refugees and thosewith low official language proficiency and low levels of education. ## BACKGROUND: ·Under paragraphs 5(1)(d)and 5(1)(e)of the Citizenship Act,all adults 18 to 54 years of ageapplying for a grant of citizenship must demonstrate that they have adequate knowledge ofone of the official languages of Canada,and adequate knowledge of Canada and of theresponsibilities and privileges of citizenship.Subsection 5(3)of the Citizenship Act providesthe Minister with discretionary authority to waive the language and knowledge requirementson compassionate grounds.The waiver provision reads: "The Minister may,in his or her discretion,after having reviewed a person's particularcircumstances,waive on compassionate grounds,(a)in the case of any person,therequirements of paragraph(1)(d)or (e);” ·The waiver provision was introduced in the Citizenship Act in 1977 to deal with cases thatcalled for humanitarian or compassionate considerations.In several appeal cases,the FederalCourt,in its assessment of the compassionate circumstances deserving language andknowledge waivers,took into consideration the applicant's level of education and personalcircumstances. PROTECTED B ·Following the introduction of Bill C-6(an Act to Amend the Citizenship Act),a number ofstakeholders provided briefings at the Parliament and Senate Standing Committee in 2016 and2017,expressing concerns that information about the existence of compassionate waivers isnot transparent and that the process to obtain language and knowledge waivers is cumbersomeand lengthy.In their opinion,this situation puts an extra burden on vulnerable groups,particularly immigrant women and refugees with limited formal education and low officiallanguage proficiency. ● In 2020,the Department released a Citizenship Program Evaluation which concluded that:(a)waiver information is not transparent;and(b)compassionate grounds are not well-defined.In response to the evaluation findings,IRCC's MRAP committed to make waiver informationclear and transparent and to create an upfront waiver process so that citizenship applicantsseeking a waiver of language or knowledge requirements could request consideration at thetime of application. ## CURRENT STATUS: ·The discretionary authority for language and knowledge waivers is currently delegated fromthe Minister to citizenship officers.The existing Program Delivery Instructions do not definewhat compassionate grounds entail.Waiver decisions have been primarily based on thepresence of a permanent medical condition. ·Requests for waivers are often made when clients are invited to complete the knowledge test.At the officer's discretion,clients are then provided with a Medical Opinion Form to supporttheir waiver request.This form is not available to the public.As a result of current wording onthe Medical Opinion Form,clients who may need a waiver but who do not have a permanentmedical condition may be less likely to submit the form and complete the waiver request,thereby creating a barrier to citizenship. ·The current citizenship application form and public website do not make any reference to theexistence of language and knowledge waivers,and thus app

FAQs

What is the purpose of the memorandum?

It explains the Department’s approach to providing transparent information to clients about waivers of citizenship language and knowledge requirements on compassionate grounds under subsection 5(3) of the Citizenship Act.

What legal authority allows waivers of language and knowledge requirements?

The Minister has discretionary authority under subsection 5(3) to waive the language and knowledge requirements on compassionate grounds after reviewing a person’s particular circumstances.

Why are current waiver processes described as creating barriers for some applicants?

Waiver information is not publicly referenced, and waiver requests are often supported through a Medical Opinion Form that is not available to the public, reducing submissions from applicants who may need waivers but do not have a permanent medical condition.

Sep 18, 2026

Uploaded by Stanford