Sponsor Nephews

[james0404]

Hello,

My nephews (sister's children) are currently here in Canada and living with me on visitor visas. They are 12-13 years old. Their mother and father have both passed away.

Is there any way that I can sponsor them for PR and have them live with me and attend school here in Canada?

If I were to sponsor them and they obtain PR, would I become their legal guardian?

If anyone can help would be greatly appreciated.

 

[canuck78]

Hello,

My nephews (sister's children) are currently here in Canada and living with me on visitor visas. They are 12-13 years old. Their mother and father have both passed away.

Is there any way that I can sponsor them for PR and have them live with me and attend school here in Canada?

If I were to sponsor them and they obtain PR, would I become their legal guardian?

If anyone can help would be greatly appreciated.

This is a much more complex situation. You would need to prove that their parents are deceased (Death certificates) and go through the process of guardianship, adoption and sponsorship. This will take at least a year but likely longer. Have there parents been deceased for a while? Where are they from? Many countries have social workers involved and guardian appointed after the death. Who is their current guardian? Would really suggest working with a lawyer but this isn’t something that will be resolved quickly. They won’t have medical coverage or access to schooling in Canada unTIL they get PR. If you are able to adopt/get guardianship of them they would be able to go to school as a child of a Canadian. You’ll need to work with an adoption attorney because that involves things like home studies,etc. Would get an attorney and coordinate with wherever they are from since they may already have guardians. They are also old enough to have a say on where they’d like to live which will be considered.

 

[james0404]

This is a much more complex situation. You would need to prove that their parents are deceased (Death certificates) and go through the process of guardianship, adoption and sponsorship. This will take at least a year but likely longer. Have there parents been deceased for a while? Where are they from? Many countries have social workers involved and guardian appointed after the death. Who is their current guardian? Would really suggest working with a lawyer but this isn’t something that will be resolved quickly. They won’t have medical coverage or access to schooling in Canada unTIL they get PR. If you are able to adopt/get guardianship of them they would be able to go to school as a child of a Canadian. You’ll need to work with an adoption attorney because that involves things like home studies,etc. Would get an attorney and coordinate with wherever they are from since they may already have guardians. They are also old enough to have a say on where they’d like to live which will be considered.

I do have both of the parents' death certificates. The father passed in 2017 and the mother passed in Aug. 2019. They are from India and my parents (their grandparents) are the legal guardians, but both are in their 80s.

Do you mean I have to have separate applications for adoption, sponsorship and guardianship?

I have been looking online and as per the criteria on CIC, I should be able to sponsor the boys (https://www.canada.ca/en/immigratio...ship/other-relatives/who-you-can-sponsor.html).

But now I'm assuming that i would have to adopt them first? and then apply for guardianship as well in India? And then I would be able to make an application for them to come here as my adopted children.

Or can I just apply for sponsorship as they are my orphaned nephews.

As a side note, I have spoken with the school district here and they have advised me that they require confirmation of an application for legal guardianship before the boys can attend school here.

 

[canuck78]

I do have both of the parents' death certificates. The father passed in 2017 and the mother passed in Aug. 2019. They are from India and my parents (their grandparents) are the legal guardians, but both are in their 80s.

Do you mean I have to have separate applications for adoption, sponsorship and guardianship?

I have been looking online and as per the criteria on CIC, I should be able to sponsor the boys (https://www.canada.ca/en/immigratio...ship/other-relatives/who-you-can-sponsor.html).

But now I'm assuming that i would have to adopt them first? and then apply for guardianship as well in India? And then I would be able to make an application for them to come here as my adopted children.

Or can I just apply for sponsorship as they are my orphaned nephews.

As a side note, I have spoken with the school district here and they have advised me that they require confirmation of an application for legal guardianship before the boys can attend school here.

How long have the children been here? This would have been easier had they remained in India and sponsored them through India. Are your parents their legal guardians? You need to speak to international adoption attorneys who have knowledge of the Indian system to see if you need to apply for guardianship or adoption first in India before you can start the process in Canada. What you need to get guardianship of 2 foreign nationals in Canada and whether that is possible. Most families adopt the orphaned children in their home country and apply for sponsorship while they are living abroad.

 

[james0404]

How long have the children been here? This would have been easier had they remained in India and sponsored them through India. Are your parents their legal guardians? You need to speak to international adoption attorneys who have knowledge of the Indian system to see if you need to apply for guardianship or adoption first in India before you can start the process in Canada. What you need to get guardianship of 2 foreign nationals in Canada and whether that is possible. Most families adopt the orphaned children in their home country and apply for sponsorship while they are living abroad.

They have been here since approximately Jan. of this year. Yes, my parents are their legal guardians as my parents were the only ones in India after both parents passed.

I had assumed at first that I would have to adopt them and then apply to sponsor them as my adopted children. However when I was looking online, I found the CIC site where it stated that sponsors have the ability to sponsor their orphaned nephews. So I then assumed that I would be able to do a more straight forwarded sponsorship application.

 

[canuck78]

They have been here since approximately Jan. of this year. Yes, my parents are their legal guardians as my parents were the only ones in India after both parents passed.

I had assumed at first that I would have to adopt them and then apply to sponsor them as my adopted children. However when I was looking online, I found the CIC site where it stated that sponsors have the ability to sponsor their orphaned nephews. So I then assumed that I would be able to do a more straight forwarded sponsorship application.

No it isn’t that simple. Have they not attended school? Spinsorship in general takes around a year. Adopting someone in Canada is not a short process either. It is unfortunate that you didn’t research before this. I hope you have purchased private medical insurance so the children are at least covered for health emergencies. Have you extended their TRVs? They would have likely been given a 6 month stay unless otherwise indicated in their passport.