Sponsoring nephew

[charliem]

Hi,
I would like to sponsor a nephew (5yrs) whose mother passed on (mother was my sister) and father is terminally ill.
I want to do this soon after becoming permanent resident. Are there any time restrictions for a new PR to sponsor an adopted child? I plan to become legal guardian of the boy in the next few months.
N.B. I've been sponsored by my wife who's a PR already.

Thanks

 

[screech339]

You won't be able to sponsor the nephew until the child's father has passed away. In other words, the child must be orphaned first before the nephew can be sponsored. Even if you become a legal guardian, you can't sponsor the child. The child may be able to stay with you on visitor's visa until the father passed away.

Screech339

 

[zardoz]

Also, any adoption would have to be recognized and accepted as genuine by CIC. "Adoption of convenience" is just as unacceptable as a "Marriage of convenience".

 

[charliem]

Thanks for the responses.

I wonder what 'adoption of convenience' looks like. Would taking my nephew into my home following her mother's wish be fraudulent? He needs a home as the grandparents are advanced in age and can no longer look after children well.

 

[zardoz]

I'm assuming that you are talking about a full, legal, government approved adoption, not just taking in a minor to live with you.

 

[canuck_in_uk]

Thanks for the responses.

I wonder what 'adoption of convenience' looks like. Would taking my nephew into my home following her mother's wish be fraudulent? He needs a home as the grandparents are advanced in age and can no longer look after children well.

It's a bit of a grey area. I think it mainly boils down to "best interests of the child", which can be fairly subjective. Have a look at CP 14 - Adoption, Section 11.10. It's a Citizenship Policy Manual but contains a section entitled "Identifying an adoption of convenience/not for the purpose of acquiring a status or privilege".

http://www.cic.gc.ca/english/resources/manuals/cp/cp14-eng.pdf

 

[charliem]

I'm assuming that you are talking about a full, legal, government approved adoption, not just taking in a minor to live with you.

Yes, I refer to legal (government-recognized) adoption.

 

[charliem]

It's a bit of a grey area. I think it mainly boils down to "best interests of the child", which can be fairly subjective. Have a look at CP 14 - Adoption, Section 11.10. It's a Citizenship Policy Manual but contains a section entitled "Identifying an adoption of convenience/not for the purpose of acquiring a status or privilege".

http://www.cic.gc.ca/english/resources/manuals/cp/cp14-eng.pdf

Thanks for this document. The situation is a lot clearer.
I'm perhaps the adult who is closest to the boy. I've lived with him since he was born till 4 years of age, took him to school and pay his school dues to this day. So I wouldn't worry.

 

[screech339]

Yes, I refer to legal (government-recognized) adoption.

Even if you became a legal guardian by legal adoption while your nephew's parents are alive, you can't sponsor him. You would have to wait until he offically become orphan before you can begin sponsorship.

Screech339

 

[charliem]

I think for all intents and purposes the boy is an orphan. The boy has never lived with the father and cannot even point him out on the street!
In the best interests of the boy, I can try to make a case for taking him in.

 

[screech339]

I think for all intents and purposes the boy is an orphan. The boy has never lived with the father and cannot even point him out on the street!
In the best interests of the boy, I can try to make a case for taking him in.

CIC is not going to accept that argument. In the legal sense he is not an orphan. As long as he is legally not an orphan, you can't sponsor him.

With your story, you may have better chance with H&C sponsorship.

Screech339

 

[screech339]

CIC is going to want death certificates of nephew's parents for proof of being an orphan. If you can't provide that, they will assume his parents are still alive thus disqualified to be sponsored.

Screech339

 

[charliem]

Very well.
Let me see how the months wear on. New opportunities may avail. Thanks for the thoughts.

 

[screech339]

Very well.
Let me see how the months wear on. New opportunities may avail. Thanks for the thoughts.

I don't mean to discourage you from trying to sponsor your nephew. I am just letting you know of the things CIC will be looking for and how CIC could view your action in adoption. I am sure there are people out there would try to adopt another kid legally at the request of the child's parents so the child have a better life elsewhere. This is where CIC would become leery about. So to reduce this loophole, they put on orphan condition as part of the condition to qualify.

Screech339

 

[charliem]

I understand completely. That's why I say let me wait to see if circumstances will change.
I do not want to cut corners.