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Viola Elia

Member
Dec 19, 2017
15
0
Hello,

My name is Viola from Calgary, AB.

I need to sponsor my 15 year old cousin. She lives in Sudan in unsafe environment.

Other than filling out a sponsorship form and waiting months for approval. What else can I do to help speed up the process?

Please give me advice.
 
Are your parents alive? Do you have family in Canada (spouse, children, aunt, uncle, grandparents)?
 
I immigrated to Canada with my mother 16 years ago. Does it help that my mother and I can financial take care of my cousin?
 
I am afraid you cannot sponsor your cousin, since your mother is alive.
 
Unfortunately, because you have family in Canada, you can’t sponsor your cousin. She/he would need to find another means of immigration.
 
Wow that is disappointing. Her parents are deceased and I don't know how else I could help her.

What if my mother adopted her as her own child? Could that help? They already share the same last name.
 
You would need to be her legal guardian and apply for her as a family member. The sponsorship process is currently 31 months, plus whatever the adoption times would be. And IRCC may see it as an adoption of convienience if there are any other family members alive inSudan. Others may be able to comment on alternate methods of immigration that might be possible in this situation. I’d suggest consulting with a good immigration lawyer (not a consultant).

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad.html
 
There are strict rules about adopting children, you would have to do a lot of research into that. The adoption has to be legal in her home country, it has to be for the child's best interests and it cannot be entered primarily for immigration purposes. In my opinion, adopting her would not work, and they would reject the case if you went this route. Just yesterday I saw a case where even though the adoption was legal, and it looked like fifty times better than your case, IRCC still denied the application, although the Russian family won the appeal, after going through a fierce battle against IRCC. And they had overwhelming evidence showing the adoption was legal and also the relationship with their daughter was that of a common parents-daughter, and also that it was for the best interests of the child, who was 3 years old at the time of adoption. I honestly think that this isn't even an option for you.
 
We don't have any other relatives in Sudan. She lives with a family friend, and I am constantly sending money to keep her alive.

Should I get a lawyer?
 
There are strict rules about adopting children, you would have to do a lot of research into that. The adoption has to be legal in her home country, it has to be for the child's best interests and it cannot be entered primarily for immigration purposes. In my opinion, adopting her would not work, and they would reject the case if you went this route. Just yesterday I saw a case where even though the adoption was legal, and it looked like fifty times better than your case, IRCC still denied the application, although the Russian family won the appeal, after going through a fierce battle against IRCC. And they had overwhelming evidence showing the adoption was legal and also the relationship with their daughter was that of a common parents-daughter, and also that it was for the best interests of the child, who was 3 years old at the time of adoption. I honestly think that this isn't even an option for you.

After reading your response it definitely doesn't sound like I have a chance. I really don't want to just give up on her.
 
Really, with complexity of the situation, it could go either way. There isn’t anyone here qualified to make a genuine assessment without knowing all the facts, details and legalities involved. If you were to try, a lawyer would likely be required for the adoption in any case, and preferably one with immigration experience. Be aware that this won’t be a quick process (I would gues 3-5 years realistically). And as mentioned by other, may prove to be fruitless in the end. It would probably be worth a few dollars spent upfront to get a qualified assessment. At least you would know where you stand.
 
Old post but worth a read.....

https://www.canadavisa.com/canada-i...soring-orphan-niece-nephew-help-please.74244/

More from the guide:

Whom may I sponsor using this application package?
You can use this application package to sponsor:

  • a child whom you adopted outside Canada and you were a Canadian citizen or permanent resident living in Canada at the time the adoption took place, or a child whom you intend to adopt in Canada. Consult the Appendix A.
  • your brother or sister, nephew or niece, grandson or granddaughter, if he or she is an orphan, under 18 years of age and not married or in a common-law relationship;
  • any other person, regardless of age, with whom you have a family relationship if you do not have a spouse, common-law partner, conjugal partner, son, daughter, mother, father, brother, sister, grandfather, grandmother, uncle, aunt, niece or nephew who is a Canadian citizen, a registered Indian, a permanent resident or whom you may sponsor as a member of the family class.
 
Really, with complexity of the situation, it could go either way. There isn’t anyone here qualified to make a genuine assessment without knowing all the facts, details and legalities involved. If you were to try, a lawyer would likely be required for the adoption in any case, and preferably one with immigration experience. Be aware that this won’t be a quick process (I would gues 3-5 years realistically). And as mentioned by other, may prove to be fruitless in the end. It would probably be worth a few dollars spent upfront to get a qualified assessment. At least you would know where you stand.

Thank you. I honestly appreciate everything that you're telling me. I just hope my application gets approved.