Relative Adoption

[jjdumlao]

I have adopted my niece and nephew in the philippines in 2019 through local adoption and it was finalized this year. i did not contact any local adoption agency here in canada

what are the steps for me do for immigration purposes.? they are already 17 abd 15.

Do i need to contact local adoption agency in canada first?

or can i just submit my application for sponsorship

 

[YVR123]

they are orphans?

 

[jjdumlao]

yes they are

 

[charliem]

I have adopted my niece and nephew in the philippines in 2019 through local adoption and it was finalized this year. i did not contact any local adoption agency here in canada

what are the steps for me do for immigration purposes.? they are already 17 abd 15.

Do i need to contact local adoption agency in canada first?

or can i just submit my application for sponsorship

You can submit the application. Adoption is for people who are not blood-relatives. Adoption will help you for other things, not immigration (like getting niece and nephew to join as family on your employment benefits)

 

[Louman64]

You can submit the application. Adoption is for people who are not blood-relatives. Adoption will help you for other things, not immigration (like getting niece and nephew to join as family on your employment benefits)

 

[armoured]

I would look here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-3998-sponsorship-adopted-children-other-relatives.html

My understanding is that they are quite strict about cases where the sponsor is attempting to bring relatives by means of adoption and it's not bona fide adoption. But if the children are orphans and all documentation is good, it may be possible. I won't claim to know much more.

This is a case where it may be best to consider hiring a lawyer, but I'm saying that primarily because I do not know that much about this.

 

[farewellw]

Hi , All
I am a Permanent Resident in Canada. I have sponsored my spouse and his two children, and they are now PRs in Canada. Simultaneously, I have also adopted these two children in Taiwan, establishing myself as their legal parent. Can these two children apply for Canadian citizenship along with me as a family or a group?

 

[scylla]

Hi , All
I am a Permanent Resident in Canada. I have sponsored my spouse and his two children, and they are now PRs in Canada. Simultaneously, I have also adopted these two children in Taiwan, establishing myself as their legal parent. Can these two children apply for Canadian citizenship along with me as a family or a group?

No, they need to be sponsored for PR first.

 

[armoured]

Hi , All
I am a Permanent Resident in Canada. I have sponsored my spouse and his two children, and they are now PRs in Canada. Simultaneously, I have also adopted these two children in Taiwan, establishing myself as their legal parent. Can these two children apply for Canadian citizenship along with me as a family or a group?

My understanding is you should be able to. See below though.

No, they need to be sponsored for PR first.

I believe she stated 'they are now PRs in Canada.' To be clear, assuming the spouses' two children and 'these two children' are in fact the same two children.

 

[scylla]

My understanding is you should be able to. See below though.



I believe she stated 'they are now PRs in Canada.' To be clear, assuming the spouses' two children and 'these two children' are in fact the same two children.

Ah - you're right. I may have misunderstood the post. I thought there were four children. If there are only two children, then my answer is wrong.

 

[farewellw]

Ah - you're right. I may have misunderstood the post. I thought there were four children. If there are only two children, then my answer is wrong.

I'm sorry for not making it clear earlier. Yes, these two children, who are my spouse's, are both PR now. I am also in the process of becoming their legal parent in Taiwan. Therefore, I would like to know if, by using Taiwan's legal adoption documents, can they obtain citizenship together with me?

 

[armoured]

I'm sorry for not making it clear earlier. Yes, these two children, who are my spouse's, are both PR now. I am also in the process of becoming their legal parent in Taiwan. Therefore, I would like to know if, by using Taiwan's legal adoption documents, can they obtain citizenship together with me?

Yes, they should be able to, as long as they are minors (under 18).

You have two options:
-apply for your citizenship and for them at the same time (family app).
-you apply for, receive your citizenship, and then apply afterwards for grant of citizenship for the two children based on having a citizen-parent.

I think the only difference between these is preference and whether you have documents ready, etc., and if there is any chance the 'joint' application for citizenship would be slower (I've no idea about that).

I can say the process in the second case is relatively simple and should not be too long (once you receive your citizenship). Since for children there's hardly any case for urgency, again, comes down for preference. (Obviously one thing is whether having Taiwanese passport vs Canadian would be a serious travel constraint/force you to get visas and fill out more forms etc.)

In most simple terms: if adoption is not yet complete, and you're ready to apply for citizenship, I'd just do that, and apply for it for the children later.

But again - mostly a question of personal preference. Obviously might be nice to have them become citizens and even participate in ceremony with you, but no legal consequences of that.

 

[canuck78]

I'm sorry for not making it clear earlier. Yes, these two children, who are my spouse's, are both PR now. I am also in the process of becoming their legal parent in Taiwan. Therefore, I would like to know if, by using Taiwan's legal adoption documents, can they obtain citizenship together with me?

Are the children’s biological mother deceased?

 

[canuck78]

Yes, they should be able to, as long as they are minors (under 18).

You have two options:
-apply for your citizenship and for them at the same time (family app).
-you apply for, receive your citizenship, and then apply afterwards for grant of citizenship for the two children based on having a citizen-parent.

I think the only difference between these is preference and whether you have documents ready, etc., and if there is any chance the 'joint' application for citizenship would be slower (I've no idea about that).

I can say the process in the second case is relatively simple and should not be too long (once you receive your citizenship). Since for children there's hardly any case for urgency, again, comes down for preference. (Obviously one thing is whether having Taiwanese passport vs Canadian would be a serious travel constraint/force you to get visas and fill out more forms etc.)

In most simple terms: if adoption is not yet complete, and you're ready to apply for citizenship, I'd just do that, and apply for it for the children later.

But again - mostly a question of personal preference. Obviously might be nice to have them become citizens and even participate in ceremony with you, but no legal consequences of that.

Don’t think it may be as simple as it seems. Where is the biological mother? If she is still alive there could be concerns about this being an adoption of convenience for the children to secure citizenship. Securing citizenship before having lived in Canada for 3 years seems to be a major goal which could be a concern of IRCC especially if the mother is alive. If the family plans on relocating to Canada permanently then they children will qualify for citizenship in 3 years so unless the children don’t plan on relocating permanently to Canada there isn’t a need rush to adopt the children.

 

[armoured]

Don’t think it may be as simple as it seems. Where is the biological mother? If she is still alive there could be concerns about this being an adoption of convenience for the children to secure citizenship. Securing citizenship before having lived in Canada for 3 years seems to be a major goal which could be a concern of IRCC especially if the mother is alive. If the family plans on relocating to Canada permanently then they children will qualify for citizenship in 3 years so unless the children don’t plan on relocating permanently to Canada there isn’t a need rush to adopt the children.

I'm going to assume that the adoption has been done according to the proper legal procedures (i.e. other parent accounted for, either by absence/death or having not objected to the adoption).

-The children are already PRs. They have already relocated. There is, therefore, no concern of adoption of convenience.
-There is a specific exception / reference to the case of a married couple, of whom one parent (the stepparent) adopts the children of the spouse.

So no: you're wrong. If everything is as described by the OP, there is no issue. It's a common procedure that is specifically recognized when a step-parent in a married couple adopts the spouse's children. There should be no concern that it's being done for improper purposes since the children have already become PRs.

WIth one valid caveat, that assuming this adoption procedure in Taiwan done according to law and acceptable to IRCC. I've no reason to believe otherwise, and neither do you.