visitor visa for adopted child

[yaseen123]

I am a male Canadian resident married with 3 children living in Ontario. I have been successful in winning court custody and court decree issued in Hyderabad, India for my niece who is 9 years old. I am her maternal uncle.

There is now no one to care her in India as until now my parents who are my adopted child's(neice) grandparents were looking after her are now leaving to Australia.

Can I apply for visitor visa for my adopted child urgently and then apply fo residency application in Canada when she joins us in Canada. I am so stressed.

If yes what steps and documents for visitor visa I should supply

 

[canuck78]

Is she an orphan? Think the likelihood of her getting a TRV are extremely low (probably zero) given she has no ties to India. In general you will have a hard time sponsoring her even with the adoption. This could be a long process.

 

[Bryanna]

I am a male Canadian resident married with 3 children living in Ontario. I have been successful in winning court custody and court decree issued in Hyderabad, India for my niece who is 9 years old. I am her maternal uncle.

There is now no one to care her in India as until now my parents who are my adopted child's(neice) grandparents were looking after her are now leaving to Australia.

Can I apply for visitor visa for my adopted child urgently and then apply fo residency application in Canada when she joins us in Canada. I am so stressed.

If yes what steps and documents for visitor visa I should supply

Has you adopted her on the basis of the eligibility guidelines of CARA (India Central Adoption Resource Authority) for international adoption by a family member?

 

[canuck_in_uk]

I am a male Canadian resident married with 3 children living in Ontario. I have been successful in winning court custody and court decree issued in Hyderabad, India for my niece who is 9 years old. I am her maternal uncle.

There is now no one to care her in India as until now my parents who are my adopted child's(neice) grandparents were looking after her are now leaving to Australia.

Can I apply for visitor visa for my adopted child urgently and then apply fo residency application in Canada when she joins us in Canada. I am so stressed.

If yes what steps and documents for visitor visa I should supply

Having custody of a child is VERY different than adopting a child. You need to clarify the situation.

 

[yaseen123]

Is she an orphan? Think the likelihood of her getting a TRV are extremely low (probably zero) given she has no ties to India. In general you will have a hard time sponsoring her even with the adoption. This could be a long process.

she not an orphan, The child's father been violent and abusive had abandoned the child 8 yeas ago when she was 1 year old. The mother who is my sister moved Australia with her new marriage and I won legal guardianship order from family court India. The mother submitted no objection in passing over guardianship to me(maternal uncle). i want to immigrate her to canada to live with wife and children based on guardianship order

 

[yaseen123]

Having custody of a child is VERY different than adopting a child. You need to clarify the situation.

it is court custody guardianship order not adoption order. I want to apply for her residency now.

In the interim can i apply for the minor's visit visa

 

[canuck_in_uk]

it is court custody guardianship order not adoption order. I want to apply for her residency now.

In the interim can i apply for the minor's visit visa

You can't apply for her residency, as she is not your legal child. Even if you adopted her, given that he mother is still alive and able to care for the child, it will still likely be seen as an Adoption of Convenience.

You can try to bring the child on a study permit.

 

[scylla]

it is court custody guardianship order not adoption order. I want to apply for her residency now.

In the interim can i apply for the minor's visit visa

Unfortunately sponsoring her for residency / PR will not be possible. Guardianship does not give you the ability to do this.

I would recommend you look into bringing her to Canada on a study permit. While this will be an expensive option - it's the most realistic one for allowing her to live in Canada.

 

[Bryanna]

it is court custody guardianship order not adoption order. I want to apply for her residency now.

I agree with scylla and canuck_in_uk.

You cannot apply to sponsor your niece. She is legally your niece and you are her guardian. Legal guardianship is not accepted for immigration.

Guardianship/custody of a child is temporary even if it is granted by a court because custody can be reversed/granted to the biological parent i.e. your sister if she proves - at any point in time - that she is capable of taking care of the child.

On the other hand, legal adoption is permanent and irreversible. It grants complete legal rights of the child to the adopting parent(s).

There are several conditions to be met for legal adoption in India.... starting with your religion + your age (not more than 45 years) and/or the combined age of you and your spouse (not more than 110 years) + whether or not you already have another girl child (biological or adopted), etc etc. The court guardianship order is not an adoption order.

As for inter country adoption and sponsorship, Canada and IRCC require that an adoption is in-line with the rules and regulations of the central adoption authorities in the country of adoption (in this case, CARA) + the Hague order.... even if it is adoption of a relative.

In the interim can i apply for the minor's visit visa

It will not work. Your best option is to apply to a study permit like scylla and canuck_in_uk have suggested

 

[yaseen123]

I agree with scylla and canuck_in_uk.

You cannot apply to sponsor your niece.

She is legally your niece and you are her guardian. Legal guardianship is not accepted for immigration.

Guardianship/custody of a child is temporary even if it is granted by a court because custody can be reversed/granted to the biological parent i.e. your sister if she proves - at any point in time - that she is capable of taking care of the child.

On the other hand, legal adoption is permanent and irreversible. It grants complete legal rights of the child to the adopting parent(s).

There are several conditions to be met for legal adoption in India.... starting with your religion + your age (not more than 45 years) and/or the combined age of you and your spouse (not more than 110 years) + whether or not you already have another girl child (biological or adopted), etc etc. The court guardianship order is not an adoption order.

As for inter country adoption and sponsorship, Canada and IRCC require that an adoption is in-line with the rules and regulations of the central adoption authorities in the country of adoption (in this case, CARA) + the Hague order.... even if it is adoption of a relative.



It will not work. Your best option is to apply to a study permit like scylla and canuck_in_uk have suggested

Could you please detail me the steps for study permit as school calendar year are scheduled to start in Ontario in September 2018?

 

[yaseen123]

I agree with scylla and canuck_in_uk.


As for inter country adoption and sponsorship, Canada and IRCC require that an adoption is in-line with the rules and regulations of the central adoption authorities in the country of adoption (in this case, CARA) + the Hague order.... even if it is adoption of a relative.



It will not work. Your best option is to apply to a study permit like scylla and canuck_in_uk have suggested

Could you please detail me the steps for study permit as school calendar year are scheduled to start in Ontario in September 2018.

 

[yaseen123]

I agree with scylla and canuck_in_uk.

You cannot apply to sponsor your niece. She is legally your niece and you are her guardian. Legal guardianship is not accepted for immigration.

Guardianship/custody of a child is temporary even if it is granted by a court because custody can be reversed/granted to the biological parent i.e. your sister if she proves - at any point in time - that she is capable of taking care of the child.

On the other hand, legal adoption is permanent and irreversible. It grants complete legal rights of the child to the adopting parent(s).

There are several conditions to be met for legal adoption in India.... starting with your religion + your age (not more than 45 years) and/or the combined age of you and your spouse (not more than 110 years) + whether or not you already have another girl child (biological or adopted), etc etc. The court guardianship order is not an adoption order.

As for inter country adoption and sponsorship, Canada and IRCC require that an adoption is in-line with the rules and regulations of the central adoption authorities in the country of adoption (in this case, CARA) + the Hague order.... even if it is adoption of a relative.




This link does not infromation about study permit under legal guardianshp
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children/need-permit.html

 

[yaseen123]

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children/need-permit.html

This link does not infromation about study permit under legal guardianship

 

[yaseen123]

she will be supposedly pursuing grade 5 in Canada. how do I apply

 

[scylla]

she will be supposedly pursuing grade 5 in Canada. how do I apply

The first step is to find a school in your area that is prepared to accept her as an international student. The next step is to apply for a study permit (she will be classified as an international student). The details information is here:

http://www.cic.gc.ca/english/information/applications/student.asp