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Members of the family forming part of the household: The case of children, parents and in-laws

Circular Note No. XDC-0643 of April 25, 2005

Most recent date of change: September 25, 2017

The Department of Foreign Affairs, Trade and Development presents its compliments to Their Excellencies the Heads of Diplomatic Missions and Chargés d’affaires, a.i. accredited to Canada and has the honour to clarify the scope of Canada’s policy governing the accreditation of immediate members of the family of foreign representatives, the criteria that must be met by applicants and exclusions. This note, which supersedes circular notes XDC-1309 dated August 12, 1992 and XDC-0620 of April 24, 2001, should be read in conjunction with the Department’s circular note XDC-3196 of November 12, 2004. This policy is applied to international organizations and other special representative offices.

The Department’s existing policy aims to facilitate whenever possible the reunion in Canada of foreign representatives and the immediate members of their families during the period of accreditation. Notwithstanding, this circular note also reflects Canada’s long-standing view that diplomatic and official status should only be granted when called for by the rules of international law.

1. Children under the age of 19

The Department will continue to accept that children under the age of 19 qualify as "members of the family forming part of the household", provided that all of the following conditions are met, namely that the applicant:

• is the unmarried son/daughter of the employee and/or of his/her spouse or common-law partner;
• holds a diplomatic, official or service passpoprt;
• is physically living in the household of the employee, unless pursuing studies elsewhere in Canada or abroad; and
• is attending a local and recognized education institution on a full-time basis (proof of enrolment may be required) or, if studying outside Canada, intends to join the family during school breaks and vacation.

The Department will not generally issue identity cards to children under the age of 16, nor to dependants pursuing their full-time studies outside Canada.

2. Children between the ages of 19 and 25

This section applies to diplomatic agents and members of the administrative and technical staff, and those of comparable status at the International Civil Aviation Organization. It does not apply to members of the service staff.

A child having attained the age of 19 will qualify as a "member of the family forming part of the household" up until the 25th birthday if the applicant meets all of the following requirements, namely that he/she:

• is the unmarried son/daughter of the employee and/or of his/her spouse or common-law partner;
• is physically living in the household of the employee, unless pursuing studies elsewhere in Canada or abroad;
• is wholly or substantially financially dependant of his/her parents;
• holds a diplomatic, official or service passport, and is on the travel orders (also known as the posting confirmation) of the principal applicant^{Footnote 1};
• has not established his/her own household or family; and
• provides proof of full-time admission in a course or program of study in a recognized educational establishment and maintains full-time status, whether studying locally or outside Canada.^{Footnote 2}

The Department will consider extending accreditation beyond the age of 25 in the case of an unmarried son/daughter who is physically or mentally challenged or terminally ill and who is financially or emotionally supported by the accredited parent. The Department requires in each case that a certified medical certificate be submitted by the Diplomatic Mission as part of the accreditation process.

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3. Adopted children

A person under 25 years of age whom the employee has legally adopted and who otherwise meets the policy requirements set forth in section 1 and 2 of this circular note will be eligible for accreditation only if proof of adoption is submitted and there is no suggestion that the adoption was obtained primarily with the objective of acquiring special status under the Vienna Conventions. Children to whom the relation to the principal or spouse is based on “custody” or “guardianship” are not eligible for accreditation.

4. Parents and in-laws of the principal

Mothers and fathers as well as mothers-in-law and fathers-in-law will not normally be accepted as “member of the family forming part of the household”. While the Department does not in principle object to their presence in Canada, these individuals are required to meet the requirements for a Temporary Resident Visa (TRV).

In some cases, special permission for accreditation as “member of the family forming part of the household” may be sought, although this can never occur during the same TRV application process as that of the principal. As a preliminary step, the Department expects that consideration for their accreditation be officially sought via the Office of Protocol before they submit an application for a TRV. In this regard, applicants will be eligible for special consideration if the Diplomatic Mission provides detailed justification, including but not limited to:

• proof of financial dependency on the employee;
• proof that they were physically and principally living with him/her as a dependant prior to entry into Canada;
• proof of recognition as a dependant by the sending State (i.e. on the employee’s travel orders);
• a statement from the ministry of foreign affairs of the sending State that it accepts that the parent or in-law will, once accredited, enjoy the privileges and immunities normally granted to "members of the family forming part of the household" under the Vienna Convention on Diplomatic Relations or Vienna Convention on Consular Relations, and assumes the related responsibilities for such privileges and immunities; and
• a written statement that they will not seek remunerated employment in Canada during the accreditation period.

With respect to the above, it would not be appropriate for Diplomatic Missions to seek accreditation in favour of parents and in-laws who are simply intent on travelling to Canada for the purpose of visiting the employee. Further, in cases where the spouse of the principal is a Canadian citizen or a Permanent Resident of Canada, and therefore not accredited, the Department will not grant accreditation to his/her parents, i.e. the in-laws of the principal.

5. Peripheral family members and persons not covered under Canada’s policy

The Department must emphasize that accreditation of dependants is restricted to those covered under the above categories. As a result, the Department will not extend special status to brothers/sisters,nephews/nieces, grand-children and other extended members of the family, including those whose legal custody or guardianship was obtained prior or during the accreditation period of the employee.

While the Department does not in principle object to their presence in Canada, these individuals shall be required to apply for the appropriate Temporary Resident Visa (TRV) or study permit through a Canadian mission abroad, subject to all applicable immigration requirements.

The Department would also greatly appreciate the assistance of Heads of Diplomatic Missions and Chargés d’affaires, a.i. in quickly notifying any change to the conditions of stay in Canada of dependants, including those who have married or established their own household or family, and returning their identity cards for cancellation. This measure will help avoid, or reduce the risk of, situations of abuse of privileges and immunities by persons who are no longer entitled to them.

The Department of Foreign Affairs, Trade and Development takes this opportunity to renew to Their Excellencies the Heads of Diplomatic Missions and Chargés d’affaires, a.i. accredited to Canada the assurances of its highest consideration.

Ottawa, April 25, 2005