Immigration to Canada with my Step-Daughter from India

[rajpotula]

Hi All,

I am Raj from India. I have applied for PR to Canada through Express Entry. Luckily, I have just been offered a job and am expecting an invitation from Canadian Government in about a month or two. My family consists of me, my wife (we married in 2014) and my step-daughter (from my previous marriage, her mother passed away 4 years ago and my step-daughter has been staying with me since then. Her biological father hasn't been in touch for the past 6 years). I have already included her in CIC application, but just wanted to know what kind of documentation they might need.

I have the following documents for proof that she is in my care:

1. Legal court order given to her mother stating only she has the custody
2. My name and her mother's name is mentioned in her 10th class certificate
3. My name is given in the Aadhaar card

I am moving to Canada only to be with her while she gets good education there and also help her get citizenship, which might help her in future. Does the CIC allow the step children to immigrate to Canada?

Any guidance would be greatly appreciated

Thanks,
Raaj

 

[scylla]

You will need to obtain the biological father's permission to remove her from India and take her to Canada with you. I believe you will also need to demonstrate that you have adopted her (I don't believe the paperwork you have as of now will be sufficient).

 

[zardoz]

Hi All,

I am Raj from India. I have applied for PR to Canada through Express Entry. Luckily, I have just been offered a job and am expecting an invitation from Canadian Government in about a month or two. My family consists of me, my wife (we married in 2014) and my step-daughter (from my previous marriage, her mother passed away 4 years ago and my step-daughter has been staying with me since then. Her biological father hasn't been in touch for the past 6 years). I have already included her in CIC application, but just wanted to know what kind of documentation they might need.

I have the following documents for proof that she is in my care:

1. Legal court order given to her mother stating only she has the custody
2. My name and her mother's name is mentioned in her 10th class certificate
3. My name is given in the Aadhaar card

I am moving to Canada only to be with her while she gets good education there and also help her get citizenship, which might help her in future. Does the CIC allow the step children to immigrate to Canada?

Any guidance would be greatly appreciated

Thanks,
Raaj

As the mother is now deceased, who now has legal custody transferred to? IRCC can't assume that it was you, unless you can prove it with official papers.

 

[PMM]

HI

As the mother is now deceased, who now has legal custody transferred to? IRCC can't assume that it was you, unless you can prove it with official papers.

1. If I read the OP's post correctly, the "step daughter" really has no relationship to him. The "step daughter" is his deceased wife's daughter. So she can't be included in the application. He would probably have to adopt her.

 

[rajpotula]

Thank you all for your insights! Sorry I wasn't able to reply earlier.

scylla: I believe we can get the permission letter from her biological father. As for adoption, that's a long process here in india...we will have to see. Thank you for your valuable suggestions.

zardoz: Once her mother passed away (in October 2012), her biological father has asked for custody through court. But the court has not given any order nor are any proceedings happening from 2014 (He applied for custody at the end of 2013). She has appeared before court and given her statement that she does not wish to stay with her biological father. After that, there were no proceedings or any court order. She has been living with me all this time. Her grandfather (her mother's father) stays with us. I don't have any other documents, except for the ones I mentioned earlier. Her 10th class certificate shows me and her mother as parents.

I had spoken to Y-Axis, a consultant through which we have applied for PR, regarding this. They have spoken with their legal team and say that I can sponsor my daughter, even if she is my step-daughter. she is 17 years old now and a minor in india.

I just want to be prepared with everything before I get an invitation from CIC. Any suggestions would be appreciated. Thanks.

 

[Rob_TO]

I had spoken to Y-Axis, a consultant through which we have applied for PR, regarding this. They have spoken with their legal team and say that I can sponsor my daughter, even if she is my step-daughter. she is 17 years old now and a minor in india.

I don't think the "legal team" is correct. You have no court order granting YOU sole custody of her.

Seeing as you have not legally adopted her, and there is a claim in place by the biological father for custody, I don't see how CIC will allow her to be included in your PR app as a dependent.

 

[rajpotula]

Rob_TO : Yes, I understand. But, she would complete 18 years this November, in which case she will become a major and the court case will be closed. Would I still need his permission then? My application has been logged in June 2016, when she was still a minor (17 yrs), and according to CIC on their website, her age would be locked-in at the time of application, so it wouldn't matter even if she became a major. Am I right in assuming that? Thank you for helping out

From CIC website regarding dependent children age:

"In addition, as of August 1, 2014, to ensure that children who meet the definition of dependent child at the first stage of a multi-step permanent resident immigration program remain eligible throughout what can be a multi-year process; the child’s age will be “locked in” at the first formal step of the immigration process. For example, the age of a child whose parent applies to the Provincial Nominee Program will be “locked in” on the date that the application for nomination is made to the province."

 

[Leon]

Rob_TO : Yes, I understand. But, she would complete 18 years this November, in which case she will become a major and the court case will be closed. Would I still need his permission then? My application has been logged in June 2016, when she was still a minor (17 yrs), and according to CIC on their website, her age would be locked-in at the time of application, so it wouldn't matter even if she became a major. Am I right in assuming that? Thank you for helping out

From CIC website regarding dependent children age:

"In addition, as of August 1, 2014, to ensure that children who meet the definition of dependent child at the first stage of a multi-step permanent resident immigration program remain eligible throughout what can be a multi-year process; the child’s age will be “locked in” at the first formal step of the immigration process. For example, the age of a child whose parent applies to the Provincial Nominee Program will be “locked in” on the date that the application for nomination is made to the province."

Complicated case and I am not an immigration lawyer but I will give you my 2 cents anyway.

At current, your legal ties to your step daughter are unclear. Maybe there is no problem in India but for Canadian immigration, you need more paperwork. Step children can be included or sponsored if you are your wife were applying together. I have never heard of a man sponsoring a step child without sponsoring the mother of the child at the same time. The definition of step child does not give you any legal rights / ties to the child. It just means that you are married to the mother of the child. Now that your wife has died, this is no longer the case so I would conclude that your ties to your step daughter legally are now non-existent. I do not think you can immigrate with her included on your application unless you adopt her.

Now, it is possible that her biological father will try to fight the adoption but once she turns 18, I suppose he no longer can as she is no longer a minor. Immigration can not deny that you have a father / daughter relationship with your step daughter based on that you were married to her mother and raised her for many years and after her mothers death, she chose to stay with you. Hence immigration can not say that the adoption is made solely for your daughter to immigrate.

Sorry to say but I think that is your only chance. Start working on the adoption if you want to take her with you.

 

[Rob_TO]

Rob_TO : Yes, I understand. But, she would complete 18 years this November, in which case she will become a major and the court case will be closed. Would I still need his permission then? My application has been logged in June 2016, when she was still a minor (17 yrs), and according to CIC on their website, her age would be locked-in at the time of application, so it wouldn't matter even if she became a major. Am I right in assuming that? Thank you for helping out

From CIC website regarding dependent children age:

"In addition, as of August 1, 2014, to ensure that children who meet the definition of dependent child at the first stage of a multi-step permanent resident immigration program remain eligible throughout what can be a multi-year process; the child’s age will be “locked in” at the first formal step of the immigration process. For example, the age of a child whose parent applies to the Provincial Nominee Program will be “locked in” on the date that the application for nomination is made to the province."

Current CIC definition doesn't exclude a child as dependent until they reach age 19 (and this may or may not increase to 22 in the future).

The problem here is not the fathers permission, it's that you have no legal basis to claim her as your dependent. She currently does not fall under "family class" definitions. I'm pretty sure you need to have a legal adoption on record to have any chance here, which again may be incredibly difficult if the biological father challenges in any way.

 

[rajpotula]

So I guess it boils down to me having a legal claim on her... I have spoken to few lawyers here, and we would be able to secure a legal guardian court order. Once we have that, do you think that would be enough or do we also need to go for adoption? Also, if I have my name in her passport as her legal guardian, instead of her biological father's, would that help?

Thank you for bearing with me and helping me. This is really important for us...she has been my daughter since she was 5 yrs old and I would have to scrap the whole Canada idea if I am not able to take her with me. Really appreciate your time and advice! Thank you

Also, is there any way I can contact CIC directly and find out what documentation they would look for and discuss my situation? Would you recommend that?

Thanks!

 

[canuck_in_uk]

So I guess it boils down to me having a legal claim on her... I have spoken to few lawyers here, and we would be able to secure a legal guardian court order. Once we have that, do you think that would be enough or do we also need to go for adoption? Also, if I have my name in her passport as her legal guardian, instead of her biological father's, would that help?

Thank you for bearing with me and helping me. This is really important for us...she has been my daughter since she was 5 yrs old and I would have to scrap the whole Canada idea if I am not able to take her with me. Really appreciate your time and advice! Thank you

Also, is there any way I can contact CIC directly and find out what documentation they would look for and discuss my situation? Would you recommend that?

No, being her legal guardian is not enough. That still doesn't legally make you her parent, which is what IRCC requires. You need to adopt her.

The IRCC call centre is only able to provide the most basic advice. Your situation would not be something they would be able to accurately advise on.

 

[slimbabs83]

Complicated case and I am not an immigration lawyer but I will give you my 2 cents anyway.

At current, your legal ties to your step daughter are unclear. Maybe there is no problem in India but for Canadian immigration, you need more paperwork. Step children can be included or sponsored if you are your wife were applying together. I have never heard of a man sponsoring a step child without sponsoring the mother of the child at the same time. The definition of step child does not give you any legal rights / ties to the child. It just means that you are married to the mother of the child. Now that your wife has died, this is no longer the case so I would conclude that your ties to your step daughter legally are now non-existent. I do not think you can immigrate with her included on your application unless you adopt her.

Now, it is possible that her biological father will try to fight the adoption but once she turns 18, I suppose he no longer can as she is no longer a minor. Immigration can not deny that you have a father / daughter relationship with your step daughter based on that you were married to her mother and raised her for many years and after her mothers death, she chose to stay with you. Hence immigration can not say that the adoption is made solely for your daughter to immigrate.

Sorry to say but I think that is your only chance. Start working on the adoption if you want to take her with you.

Hello,

What if the biological mother is alive and still married? What documentations would be required?

 

[Srivathsraj]

Hi All,

I am Raj from India. I have applied for PR to Canada through Express Entry. Luckily, I have just been offered a job and am expecting an invitation from Canadian Government in about a month or two. My family consists of me, my wife (we married in 2014) and my step-daughter (from my previous marriage, her mother passed away 4 years ago and my step-daughter has been staying with me since then. Her biological father hasn't been in touch for the past 6 years). I have already included her in CIC application, but just wanted to know what kind of documentation they might need.

I have the following documents for proof that she is in my care:

1. Legal court order given to her mother stating only she has the custody
2. My name and her mother's name is mentioned in her 10th class certificate
3. My name is given in the Aadhaar card

I am moving to Canada only to be with her while she gets good education there and also help her get citizenship, which might help her in future. Does the CIC allow the step children to immigrate to Canada?

Any guidance would be greatly appreciated

Thanks,
Raaj

Hi Raj what's the latest update of urs. I have similar. Want to know wat happend