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Adoption of minor - Grant of citizenship

Kushal_75

Star Member
Mar 2, 2016
87
3
Visa Office......
Pretoria, South Africa
NOC Code......
2131
App. Filed.......
23/06/2015
Doc's Request.
11/05/2016 & 8/06/2016
Nomination.....
13/06/2016
AOR Received.
ITA on 15.06.2016
IELTS Request
Done before creating EE profile
File Transfer...
Uploaded on 28.07.2016
Med's Request
Done before uploading file
Med's Done....
Done on 23.06.2016 - passed
Interview........
Not required
Passport Req..
06.04.2017
VISA ISSUED...
01.05.2017
LANDED..........
19.06.2017
Hi,
I have applied for grant of citizenship for my wife's nephew who is now 17 years old and residing abroad. The adoption process was started locally in 2020 and due to covid it got delayed. My wife quit her job in BC in mid 2023, and moved abroad for a domestic adoption. Court order for adoption was received in May 2023, but by then my wife had already returned to Canada. Since, i had already obtained my citizenship before the adoption, i applied for grant of citizenship for the minor around September 2023. Part 1 of application was cleared after 5 months.
Just received a response on part 2 of application saying:

.............. part of extract from letter........

After careful and thorough consideration of all aspects of your application and the supporting information provided, it appears that you may not meet the requirements for citizenship for the following reasons:
• I have concerns that your adoption did not occur in a manner consistent with the Hague Convention.
Before I make a final decision, I am offering you the opportunity to submit additional
information relating to the concerns noted above. Please provide any and all documentation
which responds to the concerns mentioned above including, but not limited to, the following:
• Order of Intercountry Adoption by the Court
• Certificate of Conformity issued by the Central Authority abroad
• Detailed background report on the child and the prospective adoptive parents prepared by the social worker
• Home study conducted in Canada for the adoptive parents
• Letter of agreement from the Central Authority for Adoption (British Columbia)

................End of extract.............

CIC saying that section 5.1(1) C.1 has not been met.That the hague convention on intercountry adoption has been circumvented.

Please note that adoption was done locally abroad where child resides and which is country of citizenship for both child and adoptive parents, i.e my wife and myself.
The child is an orphan since 2019. We have been providing for him financially for his studies, upbringing, etc. He has been legally adopted - court order issued. The child has lived with us when he was 4 years old when his parents were still alive and when he was 9 and 10 years old for his schooling. My wife and me do not have any child of our own. My wife stayed at our home with the child for 7 months during the adoption process in 2023-2024.
Notes:
1. Court order for domestic adoption submitted.
2. Background report/home study done abroad submitted.
The other documents which relates to intercountry adoption not available as it was a domestic adoption.

Anyone has come across a similar situation and how you have responded and what was the outcome?


Thanks,
Kushal
 

armoured

VIP Member
Feb 1, 2015
17,286
8,889
Hi,
I have applied for grant of citizenship for my wife's nephew who is now 17 years old and residing abroad. The adoption process was started locally in 2020 and due to covid it got delayed. My wife quit her job in BC in mid 2023, and moved abroad for a domestic adoption. Court order for adoption was received in May 2023, but by then my wife had already returned to Canada. Since, i had already obtained my citizenship before the adoption, i applied for grant of citizenship for the minor around September 2023. Part 1 of application was cleared after 5 months.
Just received a response on part 2 of application saying:

.............. part of extract from letter........

After careful and thorough consideration of all aspects of your application and the supporting information provided, it appears that you may not meet the requirements for citizenship for the following reasons:
• I have concerns that your adoption did not occur in a manner consistent with the Hague Convention.
Before I make a final decision, I am offering you the opportunity to submit additional
information relating to the concerns noted above. Please provide any and all documentation
which responds to the concerns mentioned above including, but not limited to, the following:
• Order of Intercountry Adoption by the Court
• Certificate of Conformity issued by the Central Authority abroad
• Detailed background report on the child and the prospective adoptive parents prepared by the social worker
• Home study conducted in Canada for the adoptive parents
• Letter of agreement from the Central Authority for Adoption (British Columbia)

................End of extract.............

CIC saying that section 5.1(1) C.1 has not been met.That the hague convention on intercountry adoption has been circumvented.

Please note that adoption was done locally abroad where child resides and which is country of citizenship for both child and adoptive parents, i.e my wife and myself.
The child is an orphan since 2019. We have been providing for him financially for his studies, upbringing, etc. He has been legally adopted - court order issued. The child has lived with us when he was 4 years old when his parents were still alive and when he was 9 and 10 years old for his schooling. My wife and me do not have any child of our own. My wife stayed at our home with the child for 7 months during the adoption process in 2023-2024.
Notes:
1. Court order for domestic adoption submitted.
2. Background report/home study done abroad submitted.
The other documents which relates to intercountry adoption not available as it was a domestic adoption.

Anyone has come across a similar situation and how you have responded and what was the outcome?


Thanks,
Kushal
You need to consult with a lawyer. This is something well beyond the nature of an internet forum.
 
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Reactions: Kushal_75

Kushal_75

Star Member
Mar 2, 2016
87
3
Visa Office......
Pretoria, South Africa
NOC Code......
2131
App. Filed.......
23/06/2015
Doc's Request.
11/05/2016 & 8/06/2016
Nomination.....
13/06/2016
AOR Received.
ITA on 15.06.2016
IELTS Request
Done before creating EE profile
File Transfer...
Uploaded on 28.07.2016
Med's Request
Done before uploading file
Med's Done....
Done on 23.06.2016 - passed
Interview........
Not required
Passport Req..
06.04.2017
VISA ISSUED...
01.05.2017
LANDED..........
19.06.2017
You need to consult with a lawyer. This is something well beyond the nature of an internet forum.
Thanks Armoured,
Already did. I submitted my response to CIC with some requested docs and explanation. Waiting for their response now. Just wanted to see if others had similar situation as mine and what was the end result. Want to know and plan for the next steps.

Thanks,

Kushal
 

Rajwinder89

Star Member
Aug 9, 2018
62
9
Contact local Member parliament and ask them for a support letter by explaining everything.I did same thing .
 

Kushal_75

Star Member
Mar 2, 2016
87
3
Visa Office......
Pretoria, South Africa
NOC Code......
2131
App. Filed.......
23/06/2015
Doc's Request.
11/05/2016 & 8/06/2016
Nomination.....
13/06/2016
AOR Received.
ITA on 15.06.2016
IELTS Request
Done before creating EE profile
File Transfer...
Uploaded on 28.07.2016
Med's Request
Done before uploading file
Med's Done....
Done on 23.06.2016 - passed
Interview........
Not required
Passport Req..
06.04.2017
VISA ISSUED...
01.05.2017
LANDED..........
19.06.2017
Contact local Member parliament and ask them for a support letter by explaining everything.I did same thing .
Hi Rajwinder89,
Thanks for your response. Are you in BC and did you receive a similar response from CIC? Should i wait for them to reply back with refusal letter first before i contact MP in BC?
Thanks,
Kushal
 

canuck78

VIP Member
Jun 18, 2017
55,594
13,524
Contact local Member parliament and ask them for a support letter by explaining everything.I did same thing .
This is really a legal issue. An MP can only do so much. This is a fairly complicated situation where child was in their care temporarily before an orphan. They were also living in Canada for the majority of the adoption process so a lawyer with more knowledge about Canada international adoption and immigration process should be providing guidance.
 

Kushal_75

Star Member
Mar 2, 2016
87
3
Visa Office......
Pretoria, South Africa
NOC Code......
2131
App. Filed.......
23/06/2015
Doc's Request.
11/05/2016 & 8/06/2016
Nomination.....
13/06/2016
AOR Received.
ITA on 15.06.2016
IELTS Request
Done before creating EE profile
File Transfer...
Uploaded on 28.07.2016
Med's Request
Done before uploading file
Med's Done....
Done on 23.06.2016 - passed
Interview........
Not required
Passport Req..
06.04.2017
VISA ISSUED...
01.05.2017
LANDED..........
19.06.2017
This is really a legal issue. An MP can only do so much. This is a fairly complicated situation where child was in their care temporarily before an orphan. They were also living in Canada for the majority of the adoption process so a lawyer with more knowledge about Canada international adoption and immigration process should be providing guidance.
Thanks canuck78. Already spoke with a lawyer before i replied to CIC. So i already got legal advice on the possible outcome. Just wanted to see what others did in similar cases. I think MP is a good suggestion, but would like to know more when and how to approach them. I think Minister of immigration has final say as per the immigration act.
Thanks,
Kushal
 

canuck78

VIP Member
Jun 18, 2017
55,594
13,524
Thanks canuck78. Already spoke with a lawyer before i replied to CIC. So i already got legal advice on the possible outcome. Just wanted to see what others did in similar cases. I think MP is a good suggestion, but would like to know more when and how to approach them. I think Minister of immigration has final say as per the immigration act.
Thanks,
Kushal
MP can’t do anything so would not waste your time contacting them. Would follow the advice of the lawyer who specializes in international adoptions.