Can I bring my adopted child on visitor's visa while her PR is still being processed?

[Cocotte23]

Ou little backstory: I adopted my little girl from my home country after being her legal guardian for 2 years. While her adoption was still in progress, we came to Canada in order to claim PR status. After speaking with a few immigration consultations, they advised us that we would be able to sponsor her once we received the finalized papers--which we did.

We were also advised that we would need to maintain an address and employment (proof of income) while her PR was in process which we have been doing. We have applied since May 2023. She passed her medicals in July 2023. The Ministry of Children and Social Services issued a letter or No objection/No involvement in August and her file is being processed at the Nairobi VO. Background check and eligibility are still in progress, and we've had no updates since.

She has been living with my mother, and it has now been a year since we have last seen her. We videocall every week but it is obviously not the same. She is only 5 years old and we miss her terribly.

Would it be possible for me to apply for her to come to Canada on a visitor's visa while her PR is still being processed?

 

[armoured]

Would it be possible for me to apply for her to come to Canada on a visitor's visa while her PR is still being processed?

If you're already working wiht a consultant - ask them if they know of a reason it can't be granted.

So in general anyone with a PR app in process can apply, and no harm in doing so - but also no guarantee it will be approved. So sure, go ahead and apply.

It sounds like the adoption has been finalized? Chances likely better if so. Obvioulsy any formalities needed wrt to the home country would need to be observed (eg if permission to travel or whatever is needed), which perhaps might be covered by the Ministry of ... no objection.

Good luck.

 

[Cocotte23]

If you're already working wiht a consultant - ask them if they know of a reason it can't be granted.

So in general anyone with a PR app in process can apply, and no harm in doing so - but also no guarantee it will be approved. So sure, go ahead and apply.

It sounds like the adoption has been finalized? Chances likely better if so. Obvioulsy any formalities needed wrt to the home country would need to be observed (eg if permission to travel or whatever is needed), which perhaps might be covered by the Ministry of ... no objection.

Good luck.

Thank you for responding! the consultant we were working with was just a once-off, but you're right I can afford to revisit them for additional reassurance. Yes the adoption is finalized. I'll get the ball rolling and come back with an update.

Thanks again.

 

[armoured]

Thank you for responding! the consultant we were working with was just a once-off, but you're right I can afford to revisit them for additional reassurance. Yes the adoption is finalized. I'll get the ball rolling and come back with an update.

Keep in mind, I don't think there'd be a lot of value added from the consultant actually applying for you - I think the question for which advice would be useful is more limited, does the IRCC international adoption process allow the child to join on a TRV or not (will a trv be automatically refused)?

Even so I'd guess that applying is no harm/no foul if refused, i.e. won't affect the PR app.

 

[Cocotte23]

Keep in mind, I don't think there'd be a lot of value added from the consultant actually applying for you - I think the question for which advice would be useful is more limited, does the IRCC international adoption process allow the child to join on a TRV or not (will a trv be automatically refused)?

Even so I'd guess that applying is no harm/no foul if refused, i.e. won't affect the PR app.

Understood! thanks

 

[canuck78]

Thank you for responding! the consultant we were working with was just a once-off, but you're right I can afford to revisit them for additional reassurance. Yes the adoption is finalized. I'll get the ball rolling and come back with an update.

Thanks again.

I would not speak to a consultant but work with a lawyer with experience in international adoptions. Consultants typically don’t have experience with international adoptions. Just clarifying that the adoption was finalized after you landed in Canada as PRs and not before. Did you not have to return to your home country to finalize the adoption? Is the child a true orphan and are they related to you?

 

[Cocotte23]

I would not speak to a consultant but work with a lawyer with experience in international adoptions. Consultants typically don’t have experience with international adoptions. Just clarifying that the adoption was finalized after you landed in Canada as PRs and not before. Did you not have to return to your home country to finalize the adoption? Is the child a true orphan and are they related to you?

I was hoping not to need a lawyer because of their fees, but I will look into it as in the end it should be in the best interest of the family. I did not have to return to my home country in order for the adoption to be finalized, we were there physically for all the beginning proceedings but our lawyer there represented us at the end when the judgment was issued. She is a not a true orphan, her biological mother 'legally' relinquished her custodial rights in 2021 when we became her legal guardians and then in 2023 when we became her legal parents. Her father, who was my brother and sole provider for her since birth passed away in 2020 and she has been in our care ever since.