Under wardship child and PR

[Albatros 3-11]

Hi guys,
I have two children , one of them is my native and another one is under wardship. I am a guardian of minor child more than 12 years and I am going to take her with my family to Canada. However, I have been informed by visa officer that she is not considered as member of our family. Therefore, I am deeply concerned in terms of getting PR card in the future by minor child.

- Can she obtain PR card alongside with our family or does she need separate stream (file) for it!??
- Or will she be refused by CIC?

- Should I adopt child before I go to Canada?
I would like to get the answers on all my questions because i have not found any information in different sourses, including CIC. In its turn, I ask you give me either your advice or e-mail (information) the person who I could directly contact with and consult about these issues.
Thanks a lot)

 

[zardoz]

Hi guys,
I have two children , one of them is my native and another one is under wardship. I am a guardian of minor child more than 12 years and I am going to take her with my family to Canada. However, I have been informed by visa officer that she is not considered as member of our family. Therefore, I am deeply concerned in terms of getting PR card in the future by minor child.

- Can she obtain PR card alongside with our family or does she need separate stream (file) for it!??
- Or will she be refused by CIC?

- Should I adopt child before I go to Canada?
I would like to get the answers on all my questions because i have not found any information in different sourses, including CIC. In its turn, I ask you give me either your advice or e-mail (information) the person who I could directly contact with and consult about these issues.
Thanks a lot)

You will need to legally adopt the child according to the laws of her country AND Canada.
IRCC does not accept adoptions from some counties however. What is her citizenship?
A ward is not a member of the "Family Class" and cannot be included as a dependent child.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/restrictions.html

 

[scylla]

Hi guys,
I have two children , one of them is my native and another one is under wardship. I am a guardian of minor child more than 12 years and I am going to take her with my family to Canada. However, I have been informed by visa officer that she is not considered as member of our family. Therefore, I am deeply concerned in terms of getting PR card in the future by minor child.

- Can she obtain PR card alongside with our family or does she need separate stream (file) for it!??
- Or will she be refused by CIC?

- Should I adopt child before I go to Canada?
I would like to get the answers on all my questions because i have not found any information in different sourses, including CIC. In its turn, I ask you give me either your advice or e-mail (information) the person who I could directly contact with and consult about these issues.
Thanks a lot)

She does not qualify for PR either alongside with your family or separately at this time. Warship / guardianship is not recognized for immigration purposes and does not make her a dependent in your application.

There's a chance she may qualify for PR if you formally adopt her. However that would depend on the following: (1) What country is the child from? (2) How old is she at this time? (3) Is she an orphan - meaning are both of her parents deceased?

 

[Albatros 3-11]

You will need to legally adopt the child according to the laws of her country AND Canada.
IRCC does not accept adoptions from some counties however. What is her citizenship?
A ward is not a member of the "Family Class" and cannot be included as a dependent child.

She has Ukrainian citizenship. Moreover, after adoption her all documents will be exchanged including the birth certificate.
However, i sent the file with forms to CIC for PR

 

[Albatros 3-11]

She does not qualify for PR either alongside with your family or separately at this time. Warship / guardianship is not recognized for immigration purposes and does not make her a dependent in your application.

There's a chance she may qualify for PR if you formally adopt her. However that would depend on the following: (1) What country is the child from? (2) How old is she at this time? (3) Is she an orphan - meaning are both of her parents deceased?

1 - from Ukraine
2 - 15 y.o.
3- her parents were deprived of parental rights by court.

 

[scylla]

1 - from Ukraine
2 - 15 y.o.
3- her parents were deprived of parental rights by court.

If she has been living with you for a number of years and has no contact with her parents, then you may have some chance of being successful in bringing her to Canada as a PR. However in order to have a chance of this succeeding, you must formally adopt her. Having guardianship / wardship is not sufficient.

 

[scylla]

She has Ukrainian citizenship. Moreover, after adoption her all documents will be exchanged including the birth certificate.
However, i sent the file with forms to CIC for PR

She can't be included as a dependent until the adoption is finalized. CIC will not include her now since the adoption is still in progress. Even once she is adopted, it's not guaranteed that PR will be approved since she is not an orphan. It will depend on a number of other factors.

 

[zardoz]

1 - from Ukraine
2 - 15 y.o.
3- her parents were deprived of parental rights by court.

Ukraine is not specifically prohibited in the document that I linked to.
You MUST complete the adoption before submitting your application or she WILL be removed from it by IRCC.
In that case, you will therefore have to adopt her and THEN sponsor her as a dependent child. There is no guarantee that she would be able to come to Canada while this is being processed and to be eligible for sponsorship, the PR sponsor must remain physically in Canada during the whole of the application process. This could mean a year or more of being separated.

 

[Albatros 3-11]

If she has been living with you for a number of years and has no contact with her parents, then you may have some chance of being successful in bringing her to Canada as a PR. However in order to have a chance of this succeeding, you must formally adopt her. Having guardianship / wardship is not sufficient.

Thanks a lot) I understand.... But, i have obtained the Nominee and employer is waiting me. Moreover, this process will last about 3-4 months therefore i am worried employer will be to wait me or not!

 

[zardoz]

Thanks a lot) I understand.... But, i have obtained the Nominee and employer is waiting me. Moreover, this process will last about 3-4 months therefore i am worried employer will be to wait me or not!

You are now familiar with the limitations of what you are proposing. You need to decide what is more important to you...

 

[Albatros 3-11]

She can't be included as a dependent until the adoption is finalized. CIC will not include her now since the adoption is still in progress. Even once she is adopted, it's not guaranteed that PR will be approved since she is not an orphan. It will depend on a number of other factors.

According to our legislation she is an orphan because she does not have the biological parens according the decision of court. However, her parents are still alive

 

[scylla]

According to our legislation she is an orphan because she does not have the biological parens according the decision of court. However, her parents are still alive

Unfortunately the legislation in your home country aren't relevant. CIC will assess and make the decision based on Canadian law and immigration rules. Formally completing the adoption is mandatory. She will not be considered as a dependent until this step is completed. You will then also want to demonstrate that all parental contact has been severed (meaning she doesn't live with them or see them) and will want to demonstrate that you have been her primary caregivers - ideally for a number of years.

 

[Albatros 3-11]

Ukraine is not specifically prohibited in the document that I linked to.
You MUST complete the adoption before submitting your application or she WILL be removed from it by IRCC.
In that case, you will therefore have to adopt her and THEN sponsor her as a dependent child. There is no guarantee that she would be able to come to Canada while this is being processed and to be eligible for sponsorship, the PR sponsor must remain physically in Canada during the whole of the application process. This could mean a year or more of being separated.

But, as i have understood there is a problem appears even when i will adopt her and i can not include her in my family?

 

[scylla]

But, as i have understood there is a problem appears even when i will adopt her and i can not include her in my family?

It's not guaranteed. It will depend on various additional factors as mentioned above.

 

[Albatros 3-11]

Unfortunately the legislation in your home country aren't relevant. CIC will assess and make the decision based on Canadian law and immigration rules. Formally completing the adoption is mandatory. She will not be considered as a dependent until this step is completed. You will then also want to demonstrate that all parental contact has been severed (meaning she doesn't live with them or see them) and will want to demonstrate that you have been her primary caregivers - ideally for a number of years.

OK! My next step: i will adopt her, complete all formal papers in the government organizations, exchange all documentd including her birthday certificate, passport and stuff like this and then i apply whole package of document to visa center for getting work permit visa. Also i should make changes to the case in CIC for PR.?!