Non-accompanying child dependant

[Jamiefhat07]

Hi guys. I have a question about a child I included in my application as a dependant.
I have been given letter of advice to apply.I am having issues with the adoption papers of the child I included in my profile,according to the laws of my country the adoption process will take nothing less than a year and now I have less than 40 days to submit my application. Since the child’s name is in the profile used for normination,what should my spouse and I do to complete the application for submission and can we proceed without the child? Or is there any way out?

 

[canuck78]

Is this child related to you? Can you give more info about yourself and the adoption.

 

[zardoz]

Hi guys. I have a question about a child I included in my application as a dependant.
I have been given letter of advice to apply.I am having issues with the adoption papers of the child I included in my profile,according to the laws of my country the adoption process will take nothing less than a year and now I have less than 40 days to submit my application. Since the child’s name is in the profile used for normination,what should my spouse and I do to complete the application for submission and can we proceed without the child? Or is there any way out?

If the adoption is not complete, why is the child included in your profile at all?

 

[canuck78]

If the adoption is not complete, why is the child included in your profile at all?

Would imagine the child is living with them but there was no need for adoption until they decided to move.

 

[zardoz]

Would imagine the child is living with them but there was no need for adoption until they decided to move.

That would not, unfortunately, make the child a dependent. Therefore, not eligible for PR application at the time.

 

[canuck78]

Sure there is more to this story.

 

[Jamiefhat07]

Is this child related to you? Can you give more info about yourself and the adoption.

Thanks for the reply, the child is not related to me by blood,she is my moms late friend’s daughter

 

[Jamiefhat07]

Sure there is more to this story.

This is the full story....Because of the situation she was going through at the time of her mother’s death,she’s from a family of 7 and her father re-married,the condition she was in wasn’t suitable for a child of her age,that’s why we decided to help her by taking her in and she has been living with us since then..firstly we got information that if we were to start the application and by intending to include any child that isn’t related by blood we have to adopt he/she,or secure all legal documents confirming that we have rights to care for her. We told her family about the application and they agreed and we proceeded since last year with the adoption papers. Now the adoption papers/process is taking more than we expected,as we were told it might still take couple of months and we still can’t get her to do her passport,because they said it will be illegal to take her out of the country without finalizing all legal documents confirming that she is in our care. Now we have been offered advice to apply,we have limited time to wait before it lapse,so now we don’t know how to proceed,we want to know if we proceed without her documents will it affect our application? Or submission? Or how do we do it without it having any effect on ours..thanks

 

[zardoz]

This is the full story....Because of the situation she was going through at the time of her mother’s death,she’s from a family of 7 and her father re-married,the condition she was in wasn’t suitable for a child of her age,that’s why we decided to help her by taking her in and she has been living with us since then..firstly we got information that if we were to start the application and by intending to include any child that isn’t related by blood we have to adopt he/she,or secure all legal documents confirming that we have rights to care for her. We told her family about the application and they agreed and we proceeded since last year with the adoption papers. Now the adoption papers/process is taking more than we expected,as we were told it might still take couple of months and we still can’t get her to do her passport,because they said it will be illegal to take her out of the country without finalizing all legal documents confirming that she is in our care. Now we have been offered advice to apply,we have limited time to wait before it lapse,so now we don’t know how to proceed,we want to know if we proceed without her documents will it affect our application? Or submission? Or how do we do it without it having any effect on ours..thanks

OK. Bottom line is this.

1) she is not a dependent until the adoption process is complete. Therefore can't be a part of your profile/application.
2) if you continue to decline the invitation(s) until she is legally adopted, she can be added to your application as a dependent.
3) if you are not prepared to wait, you can apply without her and either add her to an in-process application later once the adoption is complete OR sponsor her as a dependent child if you have already landed as Permanent Residents by the time the adoption is complete.

 

[canuck78]

You will also have to see if Canada recognizes her adoption given that she is not an orphan. Her father is alive.

 

[Jamiefhat07]

OK. Bottom line is this.

1) she is not a dependent until the adoption process is complete. Therefore can't be a part of your profile/application.
2) if you continue to decline the invitation(s) until she is legally adopted, she can be added to your application as a dependent.
3) if you are not prepared to wait, you can apply without her and either add her to an in-process application later once the adoption is complete OR sponsor her as a dependent child if you have already landed as Permanent Residents by the time the adoption is complete.

Hi,thanks for the reply it was really helpful,much appreciated... I have one more question and I need clarification on it. How do we exclude the child from the application form,because we added her name to our profile initially before we got the LAA.. Do we need to write a letter explaining this situation or what do we do...thanks.

 

[zardoz]

Hi,thanks for the reply it was really helpful,much appreciated... I have one more question and I need clarification on it. How do we exclude the child from the application form,because we added her name to our profile initially before we got the LAA.. Do we need to write a letter explaining this situation or what do we do...thanks.

As an LAA seems to be MPNP specific, you might be better off asking in the appropriate forum section for input on MPNP procedures.

 

[Jamiefhat07]

As an LAA seems to be MPNP specific, you might be better off asking in the appropriate forum section for input on MPNP procedures.

Yes to be specific it’s LAA FROM MPNP

 

[zardoz]

Yes to be specific it’s LAA FROM MPNP

In that case, ask here -> https://www.canadavisa.com/canada-immigration-discussion-board/forums/provincial-nomination-program-immigration.6/

 

[Rob_TO]

Hi,thanks for the reply it was really helpful,much appreciated... I have one more question and I need clarification on it. How do we exclude the child from the application form,because we added her name to our profile initially before we got the LAA.. Do we need to write a letter explaining this situation or what do we do...thanks.

Yes, you shouldn't have included the child on your profile in the first place since they would not be considered a dependent until legally adopted. So you simply exclude them completely from your PR app, and include an explanation.