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Canadian Grandparents raising American minor grandchild. I want to apply for immigration. Can I?

canuck_in_uk

VIP Member
May 4, 2012
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London
App. Filed.......
06/12
WOW. You have been very helpful.Thank you. This is not good news. But its better to be aware. I had a thought though.. What if I legally adopted her? Would she be able to the same rights to stay a Canadian. Her mother is not able to take care of her. We have become the sole provider for her.
Did your daughter voluntarily give you custody or did the courts/social services declare her unfit and remove your granddaughter from her?
 

Sandra2018

Member
Jul 9, 2018
13
0
calgary
Category........
The on and off won't count - and doesn't support adoption or sponsorship. If she had severed all parental ties with her mother many years ago and you had been her primary caregiver for many years - that might be a different story.

H&C has some chance of working. Hard to know how much of a chance based on the information provided. If you want to go the H&C route, highly recommend you hire an immigration lawyer to assist you.
thank
The on and off won't count - and doesn't support adoption or sponsorship. If she had severed all parental ties with her mother many years ago and you had been her primary caregiver for many years - that might be a different story.

H&C has some chance of working. Hard to know how much of a chance based on the information provided. If you want to go the H&C route, highly recommend you hire an immigration lawyer to assist you.
thank you
 

Sandra2018

Member
Jul 9, 2018
13
0
calgary
Category........
Thank you kindly. Its not good news for my granddaughter.... :( I am so lost and sad.. But I am still grateful for what I have been able to give her.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Thank you kindly. Its not good news for my granddaughter.... :( I am so lost and sad.. But I am still grateful for what I have been able to give her.
It isn't all bad news either. As scylla said, start looking at economic immigration programs now. Continue to extend her study permit and have her go to university here. She can then get a 3 year Post Grad Work Permit. If she can gain skilled work experience, she may qualify for PR.
 
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Sandra2018

Member
Jul 9, 2018
13
0
calgary
Category........
Her study permit expires after her 12 grade is complete. I will start gathering information about the "economic immigration programs." Again. Thank you much for your time and sharing your knowledge with me. I greatly appreciate it.
 

scylla

VIP Member
Jun 8, 2010
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Toronto
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Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Her study permit expires after her 12 grade is complete. I will start gathering information about the "economic immigration programs." Again. Thank you much for your time and sharing your knowledge with me. I greatly appreciate it.
She is not going to qualify for economic immigration after completing grade 12. She needs to have at least one year of full time paid work experience (typically in a skilled profession) - and most likely will need to complete further education before she will have enough points to be selected.

After grade 12, she should look to complete further education as an international student - preferably a bachelor degree. If she completes a bachelor degree, this will give her a 3 year open work permit once she is done which could qualify her for an economic immigration stream.

Realistically - she's still many years away from qualifying to immigrate.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
May be cheaper to attend a US community college and then go to a state school vs. going to a Canadian school as an international student. You will have to look into whether she qualifies for state schools given her living situation. Seems like you have been quite lucky and that your grandaughter is receiving healthcare and studying for free given her care was not enforced and her mother is alive and involved in her life. Partially because you live in Alberta. Things will change after high school.
 
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Sandra2018

Member
Jul 9, 2018
13
0
calgary
Category........
May be cheaper to attend a US community college and then go to a state school vs. going to a Canadian school as an international student. You will have to look into whether she qualifies for state schools given her living situation. Seems like you have been quite lucky and that your grandaughter is receiving healthcare and studying for free given her care was not enforced and her mother is alive and involved in her life. Partially because you live in Alberta. Things will change after high school.

What do you mean by "Enforced?" Her mother in not involved in her life. I take 100% care of her. Yes she is alive. My apologies but I do not follow what you are sharing. The courts have give myself and my husband; her grandfather full guardianship of her. What is this child to do after she finished high school that gets me confused. She has no where to go in America. Her mother is unable to assist her.

Thanks again for responding.
 

scylla

VIP Member
Jun 8, 2010
92,916
20,531
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What is this child to do after she finished high school that gets me confused. She has no where to go in America. Her mother is unable to assist her.

Thanks again for responding.
I believe this question has already been addressed in previous posts. There is no path to PR for her at this time and there won't be for quite some time. If she wishes to become a PR, she will need to obtain the education, work experience, etc. to qualify and be selected under one of Canada's economic immigration programs.

After high school, she will need to obtain a new study permit to continue living and studying in Canada at the college or university level. Assuming she attends an approved school and completes a program, she will qualify for a post graduate work permit once she completes her studies that will allow her to work in Canada. Ideally once she completes a year or two of work in Canada - she will qualify for permanent residency. However that's impossible to say at this time and will very largely depend on the level of education she achieves, the work experience (including skill level) that she obtains, etc.

If you want to position her as best as you can for PR, best option is to dedicate time to researching Canada's economic immigration programs thoroughly to understand the options and what it takes to qualify and be selected. She is still many years away from qualifying to apply. However I would very strongly recommend you do this research now since it may influence what further education she opts for, etc.
 

dbss

Champion Member
Jun 22, 2012
1,088
43
Please go see a good immigration lawyer. If the courts have already given you the guardianship despite her mother being alive, it can be a used as a very good ground for humanitarian application. Again, only a good immigration lawyer can help you in this one and make sure you do it right.

You are not giving the full picture here regarding the situation and I can understand if you do not want to give it as well.
 
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