Family members, definitions and related notifications

On this page

• Spouses and unmarried conjugal partners
• Children
• Parents and in-laws
• Other family members
• Notifying a birth in Canada
• Notifying a change in marital status or a family member’s death
• Notifying a family member’s long-term leave outside Canada
• Notifying other changes

These guidelines are administered by the Office of Protocol’s Accreditation Unit.

Spouses and unmarried conjugal partners

The Office of Protocol will accredit spouses and unmarried conjugal partners (opposite or same sex) of diplomatic, consular, or other official representatives, provided the sending state or organizational headquarters has formally recognized these persons, in other words, on their travel orders/assignment confirmations, as being accompanying family members for the assignment to Canada. Accreditation is contingent on them physically residing in, and remaining part of, the household on a full-time basis. Spouses and conjugal partners who reside and work in another country are ineligible for accreditation.

During process of issuing accreditation documents, the Office of Protocol will apply:

• The term “spouse” in the case of a married person. Although a marriage that is legally recognized in the country in which it was contracted is usually recognized in Canada, the Office of Protocol may request documentary proof that the marriage is genuine. A spouse wishing to join a foreign representative who has already taken up posting in Canada is responsible for proving that their marriage is genuine when the application for an entry visa is made.
• The term “partner” to a common-law partner or unmarried civil conjugal partner. It is the responsibility of missions and organizations seeking accreditation of partners to provide, in respect of each couple and in accordance with the facts, proof that the persons in question live in a conjugal relationship and that they cohabit (usually for a period of at least 12 months).

Privileges and immunities will be granted to partners in a way that mirrors the treatment normally afforded to married spouses in similar circumstances, although this can be adjusted based on reciprocity.

With respect to spouses/partners who exchange their diplomatic, official or service passport for a regular one during the posting period, the sending ministry of foreign affairs will need to provide a statement to the Office of Protocol acknowledging that the person, if accredited by Canada, will enjoy the privileges and immunities normally granted to "members of the family forming part of the household" under the Vienna Convention on Diplomatic (or Consular) Relations, or other applicable treaty; and that it assumes the related responsibilities for such privileges and immunities.

Children

Subject to the detailed requirements below, the Office of Protocol will accredit children (including adopted children*) of diplomatic, consular, or other official representatives, provided the sending state or organizational headquarters has formally recognized these persons, in other words, on their travel orders/assignment confirmations, as being accompanying family members for the assignment to Canada. Accreditation is contingent on them physically residing in, and remaining part of, the household on a full-time basis, unless studying elsewhere in another Canadian city or abroad.

Children under the age of 19

In order to qualify for accreditation, a child under the age of 19 must meet several conditions. The applicant must:

• be the unmarried son/daughter of the employee and/or of his/her spouse or partner
• physically live in the employee’s household, unless pursuing studies elsewhere in Canada or abroad
• hold a diplomatic, official or service passport
• hold a diplomatic (D1) or official (O1) Temporary Resident Visa
• attend school on a full-time basis (proof of school admission may be required) or, if studying outside Canada, intends to join the family during school breaks and vacation.

Only children who have reached their 16^th birthday qualify for a Government of Canada Identity Card, as do children between the ages of 14 and 16 who are authorized to work in Canada under the Guidelines on the employment of accredited family members. The Office of Protocol will not generally issue identity cards to children pursuing their full-time studies outside Canada.

Children between the ages of 19 and 25

In order to qualify for accreditation, a child between the age of 19 and 25 must meet several conditions. The applicant must:

• be the unmarried son/daughter of the employee and/or of his/her spouse or partner
• physically live in the employee’s household, unless pursuing studies elsewhere in Canada or abroad
• wholly or substantially financially dependant of his/her parents
• hold a diplomatic, official or service passport
• hold a diplomatic (D1) or official (O1) Temporary Resident Visa
• has not established his/her own household or family
• provide proof of full-time admission in a course or program of study in a designated learning institution (DLI) and maintains full-time enrolment, whether studying locally or outside Canada; the letter of admission must specify the duration of the program.

The Office of Protocol does not secure privileges and immunities in favour of children who take a study gap of six months of more.

The Office of Protocol will also consider requests for the accreditation of a child 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 supported by the accredited parent. A certified medical certificate must be submitted to the Office of Protocol as part of the accreditation request.

With respect to children who exchange their diplomatic, official or service passport for a regular one during the posting period, the sending ministry of foreign affairs will need to provide a statement to the Office of Protocol acknowledging that the person, if accredited by Canada, will enjoy the privileges and immunities normally granted to "members of the family forming part of the household" under the Vienna Convention on Diplomatic (or Consular) Relations, or other applicable treaty; and that it assumes the related responsibilities for such privileges and immunities. This includes children who are automatically ineligible for a diplomatic, official or service passport upon reaching a certain age (for example, 19 years old).

On a broader note, bilateral missions are asked to refrain from seeking an extension accreditation in favour of any child for whom the sending ministry of foreign affairs is not (or no longer) seeking privileges and immunities as a “member of the family forming part of the household". This also applies to children of accredited members of the staff of a permanent mission to the International Civil Aviation Organization.

Children forming part of the household of “members of the service staff” are ineligible for accreditation beyond their 19^th birthday. This policy is applied to all foreign States uniformly.

About tuition fees and study permits

Tuition fees are set by educational institutions and/or the provincial government. While some educational institutions and learning establishments may choose to provide a rebate or preferential tuition rate to children of foreign representatives while they are accredited, neither the Office of Protocol nor any other Global Affairs Canada division have control over these rates. The Office of Protocol has no ability to instruct or ensure that any rebates or preferential rates remain available to children of foreign representatives after they are no longer accredited to Canada. Should you have further questions regarding tuition, these questions are best addressed directly with the educational institution.

Properly accredited family members can study in Canada without a study permit.

Parents and in-laws

If the foreign state’s ministry of foreign affairs wishes to seek the accreditation of an accompanying parent and/or in-law pursuant to the Vienna Convention on Diplomatic (or Consular) Relations, the mission must email a service request to the Office of Protocol, ideally well in advance of an entry visa, and provide the following:

• Documentary proof of recognition as a dependent by the sending State (on the employee’s travel orders) 
• Documentary proof of the parent and/or in-law’s financial dependency on the employee, including, for example:
  • Bank statements from the employee showing sufficient funds to cover the parent’s expenses and regular wire transfers
  • Money transfer history report (for example, Western Union) for the last year
  • Tax returns where the employee claims the parent/in-law as a dependent
  • Proof of payment of major expenses, such as rent, utilities, medical bills or health insurance, paid by the employee on behalf of the parent/in-law. 
• Documentary proof that they were physically and principally living with the principal as a dependent prior to entry into Canada 
• A statement from the sending ministry of foreign affairs that it accepts that the parent and/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 relevant Vienna Convention, and assumes the related responsibilities 
• A written statement from the parent only that they will not seek to work in Canada during the accreditation period.

Other family members (ineligible for accreditation)

The Office of Protocol does not accredit brothers/sisters, nephews/nieces, grand-children and other extended members of the family, even when there is an established history of dependence or in the case of those whose legal custody or guardianship was obtained prior or during the accreditation period of the employee.

Sometimes officials may be accompanied by persons, including partners and family, who are not officially recognized by the sending country or international organization as family members but are, in practice, members of the official’s household. In such instances, these individuals are subject to standard immigration requirements for their entry into and stay in Canada. Privileges and immunities are not accorded to these persons, and they do not benefit from any reciprocal employment agreement (or arrangement) Canada has with other countries.

Notifying a birth in Canada

Under Canadian law, children born in Canada of foreign representatives enjoying special status under the Foreign Missions and International Organizations Act (FMIOA) and covered by section 3(2) of the Citizenship Act do not acquire citizenship by virtue of their birth.

When an accredited representative of a diplomatic mission, consular post, international organization, or their family member gives birth to a child in Canada, the mission, post, or organization is required to:

• Send a notification of the birth to the Office of Protocol via email within 30 days of the birth, including the child’s name and a scanned copy of the live statement of birth or a birth certificate
• Seek the newborn’s accreditation as soon as possible because prompt accreditation will enable the official recording of the child’s status and associated privileges in Canada.

No accredited foreign representative is eligible to claim Canadian citizenship for a child born in Canada*. While children born in Canada of accredited foreign representatives may obtain a birth certificate, this document does not confer any rights to citizenship and must not be used for procuring a Canadian passport. A birth certificate is simply meant to provide evidence of the birth in Canada.

In the case of any child who has previously been issued a Canadian passport and who is not a Canadian citizen by birth or whose parents were erroneously advised that the child is a Canadian citizen by birth, diplomatic missions and international organizations should contact the Office of Protocol for guidance. The Office of Protocol will explain the steps required to surrender the Canadian passport.

Notifying a change in marital status or a family member’s death

The Office of Protocol’s Accreditation Unit must be advised promptly by email of a change in marital status (marriage or separation/divorce) or in the event of a family member’s death in Canada as follows:

• For a marriage, missions or organizations need to email a scanned copy of the marriage certificate or, if the marriage occurred abroad, documentation that legally registers the marriage with governmental authorities in the jurisdiction it took place, and then seek accreditation if the spouse is a foreign national and on the travel orders
• In an instance of a separation/divorce, missions must submit either a legal document or an email from the diplomatic mission or international organization stating that due to separation or divorce, the couple no longer resides together in the same household
• In the event of the death of an accredited family member in Canada, the mission or organizational headquarters must send a notification to that effect.

About marriages performed in diplomatic and consular premises

When a foreign mission or consular post allows for the solemnization of marriages on its premises with the intent of having these marriages officially registered or recorded in Canada, it is the duty of the head of mission or post to first ensure compliance with the conditions and formalities prescribed by Canadian laws for the formation of marriages and observance of the aforementioned conditions and formalities.

In order for a marriage performed in Canada to be considered valid under Canadian law, it must comply with the acts and regulations in force in the province in which the marriage is performed. In Canada, the solemnization of marriages falls within the constitutional jurisdiction of the provinces. Before the marriage, the couple may have to obtain a marriage license from their province of residence or publish a notice of marriage. The provinces set out the list of persons who are legally authorized to perform, register or record marriages in that province, which in most cases does not include foreign diplomatic agents and consular officers. A marriage performed in Canada by a foreign diplomatic agent or consular officer will generally not be considered a legally valid marriage, even if it is legally recognized under the laws of the sending State of the officiating diplomatic agent or consular officer.

For greater certainty as to the validity of marriages performed within diplomatic missions and consular posts under current provincial law, diplomatic missions and consular posts should contact the relevant provincial authority and further inform the individuals concerned that their marriage may not be considered valid under Canadian law.

Notifying a family member’s long-term leave outside Canada

Diplomatic missions, consular posts, international organizations, and other offices are required to formally notify the Office of Protocol of any long-term leave taken outside Canada for 90 days (3 months) or longer by an accredited family member.

The notification of long-term leave should be emailed promptly to the Office of Protocol and include:

• Name of the family member (legal name as it appears in their accreditation documents)
• Leave duration and date of return to Canada.

The Office of Protocol will then provide guidance.

Notifying other changes

Whenever any person who is an accredited member of the family in Canada ceases to reside with the principal, other than a student attending school in a different city, such person ceases to be eligible for accreditation under Canada policy. Missions are asked to draw attention to these situations and provide detailed information to the Office of Protocol.

Should you have questions regarding specific cases, please contact the Accreditation Unit.