Looking For Legal Advice - PR card Holder looking to adopt children outside of Canada

[Bazola636]

Hello Everyone - I am a PR card holder and have recently moved from Dubai along with my wife & 2 kids to Toronto.

I would like to seek some advice on the possibility of sponsoring my wife’s nephews and niece (4 of them and all under the age of 12). The kids are holding Pakistani passport and are currently residents in Dubai on their Father’s sponsorship. The kids parents are divorced (Mother has abandoned the kids so the custody is with the Father). The father is not in a state to support the kids financially.

I would like to know all the possible avenues basis which i can either sponsor the kids directly and bring them to Canada or take over the custody from the Father and help them get the PR status.

It would be really good to hear some possible options. The whole objective is to provide those 4 kids with better standard of living in any possible way. Hence really looking forward to all suggestions and guidance. Many Thanks

 

[zardoz]

Hello Everyone - I am a PR card holder and have recently moved from Dubai along with my wife & 2 kids to Toronto.

I would like to seek some advice on the possibility of sponsoring my wife’s nephews and niece (4 of them and all under the age of 12). The kids are holding Pakistani passport and are currently residents in Dubai on their Father’s sponsorship. The kids parents are divorced (Mother has abandoned the kids so the custody is with the Father). The father is not in a state to support the kids financially.

I would like to know all the possible avenues basis which i can either sponsor the kids directly and bring them to Canada or take over the custody from the Father and help them get the PR status.

It would be really good to hear some possible options. The whole objective is to provide those 4 kids with better standard of living in any possible way. Hence really looking forward to all suggestions and guidance. Many Thanks

I believe that children with Pakistani citizenship are not eligible for foreign adoption.
(This probably overrides any of the other considerations, such as Adoption of Convenience)

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/restrictions.html

https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/adoptions-pakistan.html

"The provinces and territories will no longer accept applications for adoption placements from Pakistan, effective July 2, 2013.

The Government of Canada, in support of this decision, will no longer process related immigration applications as of the same date.

Pakistani law allows for guardianship of children, but does not recognize our concept of adoption. Proceeding with further such placements would violate Canada’s obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption."

Also, you are not eligible to sponsor them under Family Class.

 

[Bazola636]

Thanks Zardoz - Any other possible avenues? How about eligibility through investments? The grandparents are willing to support financially. One of the thought process (which am not comfortable with) is to have the kids called here on visit visa and then let them stay here till they regularize their status. I believe there must be some other better way to manage this situation.

Any further help will be appreciated.

I believe that children with Pakistani citizenship are not eligible for foreign adoption.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/restrictions.html

https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/adoptions-pakistan.html

The provinces and territories will no longer accept applications for adoption placements from Pakistan, effective July 2, 2013.

The Government of Canada, in support of this decision, will no longer process related immigration applications as of the same date.

Pakistani law allows for guardianship of children, but does not recognize our concept of adoption. Proceeding with further such placements would violate Canada’s obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

 

[zardoz]

Thanks Zardoz - Any other possible avenues? How about eligibility through investments? The grandparents are willing to support financially. One of the thought process (which am not comfortable with) is to have the kids called here on visit visa and then let them stay here till they regularize their status. I believe there must be some other better way to manage this situation.

Any further help will be appreciated.

I'm sorry but you are not going to be able to gain PR status for them through an Economic Class application.
Your only hope, and it's of questionable legality, is get them to Canada and apply for an H&C application.
The reasons that I think this will fail are 1) both parents will have to formally consent for the children to travel/stay (UNLESS the father has sole court ordered custody) and 2) the chances of obtaining a TRV for them in the first place are probably very low.

 

[canuck_in_uk]

Thanks Zardoz - Any other possible avenues? How about eligibility through investments? The grandparents are willing to support financially. One of the thought process (which am not comfortable with) is to have the kids called here on visit visa and then let them stay here till they regularize their status. I believe there must be some other better way to manage this situation.

Any further help will be appreciated.

There is no way to "regularize their status" and I see no grounds for an H&C app. You can try to bring them here as international students with your or your wife as a custodian. Note that it will cost upwards of $60,000/year in tuition alone.

 

[scylla]

Agreed the only option at this time is to bring them to Canada on study permits. There is no path to PR for them at this time. They will have to wait until they are adults and can qualify through an economic immigration stream.

 

[zardoz]

If you go down the study permit path, you will be playing a very long game. They will all individually need to successfully complete high school, enter post secondary education for at least a couple of years, all at international student rates. Then they will need at least one year of suitable full time employment before they can even consider applying for PR under CEC... All together, that's about 9+ years.

 

[canuck78]

Think you should be looking at settling the children with the grandparents. Not sure where they re living currently but as you previously specified this is not a true adoption but an adoption of convenience where you are seeking better living standards for the children.

 

[Bazola636]

Thanks Canuck78. The kids are currently staying in Dubai with the grandparents. The only issue is grandparents are too old while the father is not ready to take the responsibility. I am not sure if this will still qualify as adoption of convenience, as the kids are anyways living an orphans life. My entire struggle is to bring them here so that they can live under their Aunt’s (my wife) and my guardian-ship so that they can have a better upbringing. If only there were some ways (financially) that could have created some hope for these kids.

Think you should be looking at settling the children with the grandparents. Not sure where they re living currently but as you previously specified this is not a true adoption but an adoption of convenience where you are seeking better living standards for the children.

 

[canuck_in_uk]

Thanks Canuck78. The kids are currently staying in Dubai with the grandparents. The only issue is grandparents are too old while the father is not ready to take the responsibility. I am not sure if this will still qualify as adoption of convenience, as the kids are anyways living an orphans life. My entire struggle is to bring them here so that they can live under their Aunt’s (my wife) and my guardian-ship so that they can have a better upbringing. If only there were some ways (financially) that could have created some hope for these kids.

Yes, it would be considered an Adoption of Convenience.

 

[scylla]

Thanks Canuck78. The kids are currently staying in Dubai with the grandparents. The only issue is grandparents are too old while the father is not ready to take the responsibility. I am not sure if this will still qualify as adoption of convenience, as the kids are anyways living an orphans life. My entire struggle is to bring them here so that they can live under their Aunt’s (my wife) and my guardian-ship so that they can have a better upbringing. If only there were some ways (financially) that could have created some hope for these kids.

Your only option to bring them to Canada at this time is a study permit. There is no means available to you for sponsoring them for PR.

Sponsorship requires them to be adopted. Adoption is not possible with both parents still alive. Guardianship is not recognized for sponsorship.

 

[canuck78]

Unfortunately when you have 4 children you can't decide that you no longer want to take responsibility. He should be trying to get a job and the hopefully his parents will help him with the children. Your nieces and nephews may not have some of the opportunities your children have. That is common in many families. Hopefully your brother will find strength to get his life together for his children.

 

[vensak]

Thanks Canuck78. The kids are currently staying in Dubai with the grandparents. The only issue is grandparents are too old while the father is not ready to take the responsibility. I am not sure if this will still qualify as adoption of convenience, as the kids are anyways living an orphans life. My entire struggle is to bring them here so that they can live under their Aunt’s (my wife) and my guardian-ship so that they can have a better upbringing. If only there were some ways (financially) that could have created some hope for these kids.

Nobody is stopping you to send them money regularly to Dubai (and to help them that way). However they do have living parents. Now it is up to either the grandparents or the Pakistani government to force their parents to take care at least about the financial part.
If you wish them to come to Canada, then their Father or Mother has to qualify under EE and get them as dependants.