Foster Children from Australia living with Dual citizen Australian/Canadian

[Leesa Laug]

Hello,
We fostered 2 boys when living in Australia 9 years ago. My husband needed to come home to Canada and we did so with the children under Visiting Visa (With authorisation from the Department of Children Justice DCJ in Australia).

We are now applying for a Student visa to stay in Canada with the boys (age 10 and 12). The Australia adoption has been filed down and closed due to us not being domicile of Australia. My Husband can not move back to Australia (Mentally) and wait a few years to become domicile as we started the process in 2018 and have been waiting since then.

The best interests of the Children is to stay in our care DCJ have applied for us to be the "Parents Responsible" and we are waiting on the documents from the court.

I believe the only way for us to sponsor the children is to Adopt. Is there any other way that the Children can continue to live in Canada with us without Adoption?

We have applied for a Student Visa (hoping it will be granted) once that expires can they apply for Permanent Residency? Can we submit the court order stating that we are their Parent Responsible and that it is the best interest of the children to live with us?

I have search the Canadian website and can not find anything in regards to Children in Care (Foster Care) and how they can live in Canada with their Caretakers.

Thank you in Advance.

Leesa

 

[scylla]

Hello,
We fostered 2 boys when living in Australia 9 years ago. My husband needed to come home to Canada and we did so with the children under Visiting Visa (With authorisation from the Department of Children Justice DCJ in Australia).

We are now applying for a Student visa to stay in Canada with the boys (age 10 and 12). The Australia adoption has been filed down and closed due to us not being domicile of Australia. My Husband can not move back to Australia (Mentally) and wait a few years to become domicile as we started the process in 2018 and have been waiting since then.

The best interests of the Children is to stay in our care DCJ have applied for us to be the "Parents Responsible" and we are waiting on the documents from the court.

I believe the only way for us to sponsor the children is to Adopt. Is there any other way that the Children can continue to live in Canada with us without Adoption?

We have applied for a Student Visa (hoping it will be granted) once that expires can they apply for Permanent Residency? Can we submit the court order stating that we are their Parent Responsible and that it is the best interest of the children to live with us?

I have search the Canadian website and can not find anything in regards to Children in Care (Foster Care) and how they can live in Canada with their Caretakers.

Thank you in Advance.

Leesa

It's wonderful that you are such caring parent to these children.

Here's where this stands:
- The only way for you to sponsor them is through officially adopting them first.
- The way to allow them to remain in Canada now is through the student visa.
- There is no path to PR from a study permit for minors. They would need to wait until they are adults, have degrees / diplomas and work experience to qualify.
- There is an H&C path but the outcomes of this immigration path are uncertain and a refusal can complicate future entries / stays.

 

[Leesa Laug]

Thank you for

It's wonderful that you are such caring parent to these children.

Here's where this stands:
- The only way for you to sponsor them is through officially adopting them first.
- The way to allow them to remain in Canada now is through the student visa.
- There is no path to PR from a study permit for minors. They would need to wait until they are adults, have degrees / diplomas and work experience to qualify.
- There is an H&C path but the outcomes of this immigration path are uncertain and a refusal can complicate future entries / stays.

Thank you for your replay, It's the least we could do for kids in need, I just wish it wasn't so hard with the departments and adoption, I'm sure more people would do it.

Student visa it is. I'm hoping that they can continue living with us until adulthood and beyond.
Thank you Leesa

 

[canuck78]

Thank you for

Thank you for your replay, It's the least we could do for kids in need, I just wish it wasn't so hard with the departments and adoption, I'm sure more people would do it.

Student visa it is. I'm hoping that they can continue living with us until adulthood and beyond.
Thank you Leesa

Assume you have the savings to show that you can continue paying for their schooling and any daily living expenses/healthcare/etc.. Schooling gets a lot more expensive when it comes to post-secondary education. Since they are foster children the other issue will be with whatever social service agency their care was under in Australia. Assume they still must be followed by an Australian agency. They would need to continue to be supportive of this arrangement until they are 18. Not sure what kind of supervision they are under as foster children to make sure they are still be well cared for in Canada. On a positive note once they turn 18 they can apply for PR based on H&C and they likely have a good chance of approval although processing can take 1-2 years.

 

[Leesa Laug]

Thank you once again for clearing that up after they turn 18.

Yes we are still waiting on the Australian Agency to give us more details on the supervision etc. I'm sure that will all be in the court order once we become the "Parents Responsible".

Thank you for clearing all my question up.
Leesa