Refugee Status Child - Child benefits

[Mr. Optimistic]

Hi,

my wife and I are PR holders of Canada and we do not have children.
There was a unfortunate incident happened in our family and therefore have to adopt my sister's son who passed away.

I am his guardian as per the court orders from Pakistan (we cannot adopt a child in Pakistan). I am only mentioned as her Guardian. My wife's name is not mentioned in the guardianship certificate. Based on this we have applied for his refugee status at the border in Buffalo and was successfully granted the Refugee Status for the 6 year old child in Oct. 2019. Now we are waiting for his hearing.

Since I have heard that child benefits are transferred to wife's account. I have applied for the same couple of months ago under her CRA account but today received the notification that she is not eligible for the child, no further details mentioned.

Need advice on the above:

1. Are Refugee child eligible for child benefits?
2. The child has received the refugee status based on my PR status, should I apply for his child benefits?
3. Should I wait until he receive the protected status and then apply for his benefits?

 

[scylla]

Hi,

my wife and I are PR holders of Canada and we do not have children.
There was a unfortunate incident happened in our family and therefore have to adopt my sister's son who passed away.

I am his guardian as per the court orders from Pakistan (we cannot adopt a child in Pakistan). I am only mentioned as her Guardian. My wife's name is not mentioned in the guardianship certificate. Based on this we have applied for his refugee status at the border in Buffalo and was successfully granted the Refugee Status for the 6 year old child in Oct. 2019. Now we are waiting for his hearing.

Since I have heard that child benefits are transferred to wife's account. I have applied for the same couple of months ago under her CRA account but today received the notification that she is not eligible for the child, no further details mentioned.

Need advice on the above:

1. Are Refugee child eligible for child benefits?
2. The child has received the refugee status based on my PR status, should I apply for his child benefits?
3. Should I wait until he receive the protected status and then apply for his benefits?

If your wife isn't recognized as a guardian, she won't qualify to apply for the child benefit. You would need to be the one to apply.

I don't know if guardianship is recognized or if CRA will ask for proof of adoption. You should apply under your CRA account and see what happens.

 

[Mr. Optimistic]

thank you scylla. Once I applied for his refugee status at the US border, I have shown them the guardianship documents and they agreed to grant the certificate based on the same. he has received the medical and also he was allowed to go to school.

Should I remove the child from my wife's CRA account and add him to my CRA account and then apply or should I just add him to my CRA account?

 

[scylla]

Should I remove the child from my wife's CRA account and add him to my CRA account and then apply or should I just add him to my CRA account?

Don't know the answer to that question.

 

[canuck78]

You need to check with a lawyer but the child likely needs their own account for CRA. Canada does not accept adoptions from Pakistan. You really need to be working with a lawyer. When you say they recognized your guardianship forms do you mean immigration or CBSA? That is very different than formal guardianship in terms of family court. What Canadian documents do you have that indicate that you are the child’s Canadian guardian? Where is the child’s father? That will be an issue or this could be considered an adoption of convenience on top of the fact that there are no adoptions from Pakistan. You also say he has refugee status but you are waiting for his hearing. Status is only granted after a hearing. Based on your previous description this isn’t really an asylum case but that was the only way for the child to enter Canada.

http://globalnews.ca/news/5731362/canadas-ban-adoptions-pakistan-family/

 

[Mr. Optimistic]

Thank you Canuck78,

I have child's guardianship document from Pakistan and since there is no adoption as per Islamic law based on which Pakistan authorities do not issue any adoption certificate. CBSA officials accepted him to enter Canada based on documents I have shown him about his real father and I am waiting a hearing. I have consulted the lawyer who is taking this case and based on her recommendation, I have applied for the child benefits however I will be calling CRA on Monday to get the advice on whether I can apply for child benefits while waiting for the hearing.

thank for the advice of child's account, I will check the same with the lawyer as well as CRA.

 

[canuck78]

Thank you Canuck78,

I have child's guardianship document from Pakistan and since there is no adoption as per Islamic law based on which Pakistan authorities do not issue any adoption certificate. CBSA officials accepted him to enter Canada based on documents I have shown him about his real father and I am waiting a hearing. I have consulted the lawyer who is taking this case and based on her recommendation, I have applied for the child benefits however I will be calling CRA on Monday to get the advice on whether I can apply for child benefits while waiting for the hearing.

thank for the advice of child's account, I will check the same with the lawyer as well as CRA.

Given that you have no Canadian guardianship documents not sure why your lawyer things you can claim child benefit. Also don’t understand how the child would qualify for asylum either. There is no adoption from Pakistan so not sure what your lawyer’s longterm game plan is.