+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Question and need advice (family member)

iggy12

Full Member
Sep 14, 2011
43
2
Good day ,

My mother in law who is (PR) and was living in Canada had to go back home and take custody of her sons kids (son is not PR), legally she is responsible for the kids is there anyway to sponsor the kids to Canada who are all under age of 16.

What can she do ?
 

Naturgrl

VIP Member
Apr 5, 2020
40,276
8,296
Good day ,

My mother in law who is (PR) and was living in Canada had to go back home and take custody of her sons kids (son is not PR), legally she is responsible for the kids is there anyway to sponsor the kids to Canada who are all under age of 16.

What can she do ?
Posting under refugees and asylum.

No. She needs to adopt them and even then, she most likely cannot because the parents are alive. If she adopts them it is seen by IRCC as an adoption of convenience. The kids can come as students and pay international fees (about $20-$30k per year per child).
 

scylla

VIP Member
Jun 8, 2010
93,145
20,635
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
Good day ,

My mother in law who is (PR) and was living in Canada had to go back home and take custody of her sons kids (son is not PR), legally she is responsible for the kids is there anyway to sponsor the kids to Canada who are all under age of 16.

What can she do ?
If the children are orphans (i.e. both parents are deceased) and she adopts them legally, then yes. Otherwise no.
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,785
Good day ,

My mother in law who is (PR) and was living in Canada had to go back home and take custody of her sons kids (son is not PR), legally she is responsible for the kids is there anyway to sponsor the kids to Canada who are all under age of 16.

What can she do ?
If the children’s parents are alive Canada will likely consider this an adoption of convenience and not a true adoption. The son is alive what about the mother of the children. When you said she had to go back home assume this was a personal choice. Has the father permanently lost the custody of the children or is this permanent. If not too personal what was the reason for the loss of custody? That may also impact what options are available. Was your MIL working in Canada or does she have a partner in Canada who is working? Whether she’d be able to financially support the children in Canada would also be a consideration if she did eventually qualify to sponsor the children to Canada. Country of original also has an impact on whether Canada allows foreign adoptions. Your MIL needs to be doing her research and/or speaking to Canadian lawyers who specialize in immigration and international adoptions so she knows her options and what options may be possible in the future. Some have assumed that getting proof that adoption in the other country is enough to secure adoption and move to Canada which is often not the case.
 

iggy12

Full Member
Sep 14, 2011
43
2
Thanks for the all the Info, she doesn’t work in Canada but is in very good condition to provide to herself and the kids. Major active businesses running back home. So full support plus can be provided. So she has to legally adopt them ? But if the parents are alive it’s harder to bring them over and if they are deceased then she can easier?
 

Naturgrl

VIP Member
Apr 5, 2020
40,276
8,296
Thanks for the all the Info, she doesn’t work in Canada but is in very good condition to provide to herself and the kids. Major active businesses running back home. So full support plus can be provided. So she has to legally adopt them ? But if the parents are alive it’s harder to bring them over and if they are deceased then she can easier?
Legally adopting or having legal guardianship them doesn’t mean the kids will be able to come to Canada. If parents are alive and she adopts them, then IRCC views it as adoption of convenience to bring the kids to Canada. Again, if she wants them to come to Canada then they can come as international students but you pay international fees.
 

scylla

VIP Member
Jun 8, 2010
93,145
20,635
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
Thanks for the all the Info, she doesn’t work in Canada but is in very good condition to provide to herself and the kids. Major active businesses running back home. So full support plus can be provided. So she has to legally adopt them ? But if the parents are alive it’s harder to bring them over and if they are deceased then she can easier?
Yes, she would need to legally adopt them. This would be mandatory. Without both parents being deceased, I don't think sponsorship will be possible even if she manages to legally adopt them.
 
  • Like
Reactions: Naturgrl