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Need info to get our adopted child to canada

yella

Member
May 4, 2018
16
0
We (I & my wife) came to Canada in 2010. When we were in India, we adopted my brother's daughter in 2009. We got Canada citizenship in 2015. Now we are planning to get my child to Canada. Could you please let me know the process for the same.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
We (I & my wife) came to Canada in 2010. When we were in India, we adopted my brother's daughter in 2009. We got Canada citizenship in 2015. Now we are planning to get my child to Canada. Could you please let me know the process for the same.
Was the child an orphan when you adopted her? Did you declare her in your PR app? Who has been taking care of the child while you were here in Canada?
 

yella

Member
May 4, 2018
16
0
She was not an orphan when I adopted her. We have not declared while accepting Canadian citizen. She is in India now, and she is still with her own parents.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
She was not an orphan when I adopted her. We have not declared while accepting Canadian citizen. She is in India now, and she is still with her own parents.
So why did you adopt her in the first place? This makes no sense.

Since you adopted the child then simply left child with her parents while you took off to Canada, this may be seen as a strong case of adoption of convenience done solely to get the child to immigrate to Canada. You don't seem to have a real parent/child relationship with the child. I would predict very high chance of refusal here.

Plus if you didn't declare a legally adopted child in your own PR app, that would exclude them anyways from ever being sponsored for PR by you.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
She was not an orphan when I adopted her. We have not declared while accepting Canadian citizen. She is in India now, and she is still with her own parents.
Zero chance of bringing her. Clearly an Adoption of Convenience and she is not really your daughter.
 
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scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
She was not an orphan when I adopted her. We have not declared while accepting Canadian citizen. She is in India now, and she is still with her own parents.
CIC will see this as an adoption of convenience - so there's way for you to sponsor her here.
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What should I do now, May I know the next step to follow
There's no option to sponsor her for PR. Only option is to bring her to Canada on a study permit as an international student. You'll need to pay iternational tuition of around $15K per year for public school (more for private). However this won't lead to PR - at least not until she's an adult.
 
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scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Is it a good idea to start the adoption process again from Canada?
No - it won't make a difference. You still won't be able to sponsor her. She's not an orphan and lives with her own parents. It's clearly going to be an adoption of convenience.

Again - there are no options available for you to sponsor her for PR.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Is it a good idea to start the adoption process again from Canada?
Still an Adopton of Convenience. You will not be able to bring your niece to Canada as your child.

Also, if you did legally adopt her in 2009 and immigrated to Canada in 2010, you were required to declare her in your PR app. You committed misrepresentation by failing to do that.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
What should I do now, May I know the next step to follow
You didn't answer the question. WHY exactly did you legally adopt the child in the first place? Was it to eventually give her a better life in Canada?
 

yella

Member
May 4, 2018
16
0
Because of my health & financial issues I have not concentrated to get her to Canada. Moreover I don't have kids.
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Because of my health & financial issues I have not concentrated to get her to Canada. Moreover I don't have kids.
This doesn't change anything. Again, you cannot sponsor her for PR. She is not your child and does not meet the requirements for an adoption that will be recognized by CIC.

The most you can to is bring her to Canada on a study permit. However this will only give her temporary status in Canada and you must be prepared to pay $15K in tuition per year.
 

Buletruck

VIP Member
May 18, 2015
6,880
2,713
You should read through this, specifically 5.9 & 5.10.

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op03-eng.pdf

(2) A foreign national who is the adopted child of a sponsor and whose adoption took place when the child was under the age of 18 shall not be considered a member of the family class by virtue of the adoption unless

  • (a) the adoption was in the best interests of the child within the meaning of the Hague Convention on Adoption; and

  • (b) the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act.