Adopted sister...................... how to sponsor ????

[Benjamin Sapkota]

      Dear forum members....... 6 years back my mother adopted  23 days old  girl child the reason being  her mother death and the father was a drunkard fellow....... now he is also no more.............

  while applying i did not mentioned her name as my sister coz my mother is 64 + and as we do not  have any legal  adoption documents i didn't mentioned her even as adopted sister.........

 as she is  my darling sister,  in future may be after 3-4 years i want to sponsor her to canada............ is that possible ??

 pls suggest what are the documents needed.............

 thanks in advance.......

 Regards,
Benjamin

[Leon]

If your mother adopts her legally, you can sponsor your mother and sister in one package.  It is understandable that you would not mention your sister on your additional family information when you applied because if she was not legally adopted at that time so you had no right to include her.

Sponsoring parents takes a long time, you can expect 4-5 years.  You have to show that you have sufficient income to support your own family as well as your mother and sister.

[Benjamin Sapkota]

thanks leon brother......... we do not have any legal adoption documents yet.............she was not adopted from orphanage ...........
 hw can i  prove that she is my adopted sister ??

[omm]

As per google below links may be help you.

if your mother adopt her then I guess you can sponsor her under family sponsor, but it will take long time, this is my understanding.

Consult a good Lawyer for adoption paper work through court, lawyer is the best person who will guide you/your mother for proper way of adoption by court.

http://www.indiachildren.com/adoption/laws.htm
http://www.indiaparenting.com/adoption/4_1347/adoption-rules-in-india.html

OMM

[Leon]

She is not your adopted sister until your mother legally adopts her.  Right now, she is a foster child of your mothers with no legal connection to you.

[omm]

Right Leon, adoption without adoption right way through court is not count adoption child by any country immigration related process. In India somany people adopt a child after death of some family members but for immigration proper way of adoption paper work are required to prove that child is adopted by your mother.

OMM

[Benjamin Sapkota]

thanks omm..............i knw it will be very difficult to prove that she is my adopted sister with proper legal documents........ now the question is what can i do now to mke it legal...................

[omm]

I already mentioned lawyer is the best person , take advice from lawyer, even in India for adoption you must have to go in court with lawyer, lawyer will just make papers and represt in court, court will make decision for adoption. nobody will help or no other Indian govt. office will help you in this matter. it will take some time for adoption paper work.

OMM

[Pippin]

How lucky that little girl came into your family after her sad start in life.  The fact that she hasn't been legally adopted up till now is probably a good thing from the standpoint of your immigration question.  Remember, I'm not an expert or even a senior here, but as I figure it, if she had been legally adopted before you filled in your imm application and you didn't include her, you wouldn't have the option to sponsor her later.  As she wasn't legally your sister when you applied, you get a second chance AFTER all the legal work is done to make her your full sister.  Hope my assumption is correct. 

[CanadaHome]

How lucky that little girl came into your family after her sad start in life.  The fact that she hasn't been legally adopted up till now is probably a good thing from the standpoint of your immigration question.  Remember, I'm not an expert or even a senior here, but as I figure it, if she had been legally adopted before you filled in your imm application and you didn't include her, you wouldn't have the option to sponsor her later.  As she wasn't legally your sister when you applied, you get a second chance AFTER all the legal work is done to make her your full sister.  Hope my assumption is correct. 

Correct Pippin....

Mukund

[Benjamin Sapkota]

 i also think pippin is correct..............................I will soon talk to a lawyer regarding this matter   but i have few technnical confusions,

 in the documents( currrent dated ) I think it must be mentioned that she was adopted as an  infant ( six yrs back )........... will the question not be raised when i shall apply for her sponsorhip by the C H C as why I did not mentioned her in the family members list

 pls give the suggestion.....


 Thanks and Regards,
Benjamin

[Leon]

in the documents( currrent dated ) I think it must be mentioned that she was adopted as an  infant ( six yrs back )........... will the question not be raised when i shall apply for her sponsorhip by the C H C as why I did not mentioned her in the family members list

 pls give the suggestion.....

She was not legally adopted as an infant 6 years ago.  She was handed over to your mother to take care of but not legally adopted.  You had therefore no right to list her as you adopted sister as she was not adopted yet.  At the time you applied under FSW, she had no legal family ties to you.

The legal adoption papers will reflect the date of legal adoption which will be sometime after todays date, whenever you can get the legal adoption arranged.  This date will reflect that she was legally adopted after you had applied as a skilled worker.

[Benjamin Sapkota]

She was not legally adopted as an infant 6 years ago.  She was handed over to your mother to take care of but not legally adopted.  You had therefore no right to list her as you adopted sister as she was not adopted yet.  At the time you applied under FSW, she had no legal family ties to you.

The legal adoption papers will reflect the date of legal adoption which will be sometime after todays date, whenever you can get the legal adoption arranged.  This date will reflect that she was legally adopted after you had applied as a skilled worker.

thanks leon.......... i must get the adoption arrangement done before i leave...................... what do i need to keep in mind while arranging to get the adoption papers done..... to make the sponsorship smooth..............


thanks and regards,
benjamin

 

[Leon]

There is nothing you have to take special notice of that I can think of.  As a PR, once you are in Canada, you may sponsor your mother and as a dependent child of your mothers, your adopted sister is a part of the package.  If your mother chooses not to live in Canada, that is fine. She will eventually lose her PR if she doesn't live in Canada but your sister can stay with you.  You can not sponsor a minor sister by herself unless your mother dies and leaves her orphaned so you have to sponsor your mother too.

[Benjamin Sapkota]

You can not sponsor a minor sister by herself unless your mother dies and leaves her orphaned so you have to sponsor your mother too.

 hi leon....... i did not get the technical meaning of the above sentence.......... pls clarify if u dont mind....