Child Adoption after E-APR

[Mr. Optimistic]

Hi Guys,

My sister passed away 2 year back and his only son is with my other sister who also got married recently.
since i have no children, i am in the process of adopting the child, currently working on the paperwork back home.

Since i have recieved the Nomination from the province, ITA from CIC and have also submitted all my document.
i haven't mentioned about this child in it as currently i have no proof to show myself as his guardian/parent, once i recieve the guardianship from the court, what is the next step.

1. Do i need to inform Province also to update my Provincial Nomination or only CIC?
2. Can i add him before the PPR?
3. I got the PPR and still the documents are not complete from the court, can i add him later before the first landing?
4. If the above 3 does not work, how can i add him later?

would be gratefull if someone can guide?

 

[scylla]

Which country are you and the child originally from? CIC does not recognize adoptions from certainly countries. http://www.cic.gc.ca/english/immigrate/adoption/restrictions.asp

Also, I assume that both of the child's parents are deceased. If the father is still alive, the adoption won't be recognized by CIC.

To include the child in the application now or to sponsor the child later, I believe you have to demonstrate that you have formed a parent-like bond with the child (this includes things like the child living with you and you being the main care-taker of the child). If the child currently living with your other sister, this may be difficult to prove to CIC.

 

[Mr. Optimistic]

Which country are you and the child originally from? CIC does not recognize adoptions from certainly countries. http://www.cic.gc.ca/english/immigrate/adoption/restrictions.asp

Also, I assume that both of the child's parents are deceased. If the father is still alive, the adoption won't be recognized by CIC.

To include the child in the application now or to sponsor the child later, I believe you have to demonstrate that you have formed a parent-like bond with the child (this includes things like the child living with you and you being the main care-taker of the child). If the child currently living with your other sister, this may be difficult to prove to CIC.

i am currently living in UAE and child is with my wife in Pakistan. She has travelled temporarily until the documents are complete. Once the court order is completed, i will bring the child here in UAE with us.

 

[scylla]

i am currently living in UAE and child is with my wife in Pakistan. She has travelled temporarily until the documents are complete. Once the court order is completed, i will bring the child here in UAE with us.

Is the child from Pakistan? What citizenship / nationality does the child hold? The reason why I'm asking is that Canada doesn't recognize adoptions from Pakistan. So if the child holds this citizenship - adopting and bringing the child to Canada won't be possible.

It's good the child is living with your wife.

 

[Mr. Optimistic]

Is the child from Pakistan? What citizenship / nationality does the child hold? The reason why I'm asking is that Canada doesn't recognize adoptions from Pakistan. So if the child holds this citizenship - adopting and bringing the child to Canada won't be possible.

It's good the child is living with your wife.

yes child is from Pakistan and offcourse my & my wife's first nationality is Pakistan.
so if the guardianship is transferred to me based on the evidence that he is my sister's son and i do not have children and want to adopt him, i cannot do it as per canadian laws.
Is the law not for first nationality canadian????

 

[scylla]

It's the child's citizenship that matters here (not yours or your wife's). Since the child is from Pakistan, this unfortunately means the adoption won't be recognized by CIC and the child cannot be sponsored through adoption: http://www.cic.gc.ca/english/department/media/notices/2013-07-01.asp

Is the child an orphan? Are BOTH parents deceased? If so, there should still be options available.

 

[Mr. Optimistic]

It's the child's citizenship that matters here (not yours or your wife's). Since the child is from Pakistan, this unfortunately means the adoption won't be recognized by CIC and the child cannot be sponsored through adoption: http://www.cic.gc.ca/english/department/media/notices/2013-07-01.asp

Is the child an orphan? Are BOTH parents deceased? If so, there should still be options available.

thank you scylla,

yes both the parents are deceased.

this is a bad news for me, if I cannot bring that child with me to Canada, means I may have to give up on the immigration itself as he is just 2 years old and cannot leave him like this. what other options can be?

what is the minimum age for a student if I wait?

 

[scylla]

OK - that's very sad but also good news that both parents are deceased.

I would try including the child now as a dependent - although I'm not sure CIC will allow you to do this.

Once you are a PR, you'll be able to sponsor the child using the following process: http://www.cic.gc.ca/english/information/applications/family.asp

 

[Mr. Optimistic]

OK - that's very sad but also good news that both parents are deceased.

I would try including the child now as a dependent - although I'm not sure CIC will allow you to do this.

Once you are a PR, you'll be able to sponsor the child using the following process: http://www.cic.gc.ca/english/information/applications/family.asp

god bless you scylla, you gave me the hope now.

 

[Ayam93]

Sorry to hear about your sister and her family.

Do write a detailed Letter of Explanation and request CIC to approve your case with the child as dependent on Humanitarian ground. Apart from adaption papers, do include death certificates and documents proving your relationship with child's deceased parents i.e. any legal/govt document to prove she was your sister. I believe you can make a strong argument on humanitarian grounds as the child is your own sisters child and you yourself have adopted the child on humanitarian ground.

 

[Ayam93]

Also i ll say that add the child right now to your application and see how CIC responds. In case your application is approved, well and good but in case the application is rejected you ll at least have the option to again apply for PR by creating new EE profile and mark your wife as non accompany so that she can take acre of the child.

Do post this question under Family Sponsorship page, may be someones case is/was similar to you and you can get valuable info for this specific case.
http://www.canadavisa.com/canada-immigration-discussion-board/family-class-sponsorship-b5.0/