Adopted kid from india - Immigration process

[bhushh009]

I am not sure how to proceed. I would appreciate if someone who dealt with similar thing could share some insight.

Me and my wife are permanent resident of Canada and eligible for citizenship though have not started the process.

My brother in law passed away and my sister is not in a condition(financial) to take care of Twins kids(under 2 yr old). So for better future of kids, i had adopted them in India legally. Now i wanted to bring them here from India with us.

1. Do i have start the PR process for them as dependant category?
2. Can i directly start citizenship process for kids as we are already eligible for citizenship and for minor no of days in canada requirement is not there?
3. Any probable issues i can face during this phase?

 

[canuck_in_uk]

I am not sure how to proceed. I would appreciate if someone who dealt with similar thing could share some insight.

Me and my wife are permanent resident of Canada and eligible for citizenship though have not started the process.

My brother in law passed away and my sister is not in a condition(financial) to take care of Twins kids(under 2 yr old). So for better future of kids, i had adopted them in India legally. Now i wanted to bring them here from India with us.

1. Do i have start the PR process for them as dependant category?
2. Can i directly start citizenship process for kids as we are already eligible for citizenship and for minor no of days in canada requirement is not there?
3. Any probable issues i can face during this phase?

As your sister is still alive, IRCC will very likely determine this to be an Adoption of Convenience and refuse any app for the children. Who is caring for the children right now?

1. Yes.

2. No. In order to be included in your app, they must already be PRs.

 

[bhushh009]

As your sister is still alive, IRCC will very likely determine this to be an Adoption of Convenience and refuse any app for the children. Who is caring for the children right now?

1. Yes.

2. No. In order to be included in your app, they must already be PRs.

My parents are taking care of children now.

 

[canuck_in_uk]

My parents are taking care of children now.

The fact that your sister is still alive and there is a support system in India to care for the children likely means IRCC will determine it was an Adoption of Convenience. Be prepared for an uphill battle.

 

[canuck78]

Agree this is textbook adoption of convenience and the chances of being denied are very high. Would suggest you consult with an immigration lawyer if you still want to move forward who will give you an honest opinion on the likelihood of this moving forward and you can decide whether you want to invest time and money into this. You will need some good arguments and legal precedence if there is any. It will likely be best for you to support your sister by agreeing to pay for things like school fees for her children.

 

[scylla]

I am not sure how to proceed. I would appreciate if someone who dealt with similar thing could share some insight.

Me and my wife are permanent resident of Canada and eligible for citizenship though have not started the process.

My brother in law passed away and my sister is not in a condition(financial) to take care of Twins kids(under 2 yr old). So for better future of kids, i had adopted them in India legally. Now i wanted to bring them here from India with us.

1. Do i have start the PR process for them as dependant category?
2. Can i directly start citizenship process for kids as we are already eligible for citizenship and for minor no of days in canada requirement is not there?
3. Any probable issues i can face during this phase?

As others have said, unfortunately you cannot sponor these children for PR since their mother is still alive and they are not orphans. I would personally forget about the adoption / PR route since it will only cost you time and money - and end in refusal since the requirements for sponsorship aren't met. I would instead focus on financially supporting the kids in their home country.

 

[bhushh009]

As others have said, unfortunately you cannot sponor these children for PR since their mother is still alive and they are not orphans. I would personally forget about the adoption / PR route since it will only cost you time and money - and end in refusal since the requirements for sponsorship aren't met. I would instead focus on financially supporting the kids in their home country.

My parents are getting old and wont be able to keep up with kids and their requirement so i sponsored my parents under PGP program and its in the process. The plan was they wanted to stay with me in Canada with kids.

 

[bhushh009]

Agree this is textbook adoption of convenience and the chances of being denied are very high. Would suggest you consult with an immigration lawyer if you still want to move forward who will give you an honest opinion on the likelihood of this moving forward and you can decide whether you want to invest time and money into this. You will need some good arguments and legal precedence if there is any. It will likely be best for you to support your sister by agreeing to pay for things like school fees for her children.

Does this mean "Adoption of Convenience" always get denied?
DO you guys know any immigration lawyer with expertise in adoption in Ottawa region? Any references would help.

 

[canuck_in_uk]

My parents are getting old and wont be able to keep up with kids and their requirement so i sponsored my parents under PGP program and its in the process. The plan was they wanted to stay with me in Canada with kids.

As you and your sister have young children, I would hazard a guess that your parents are no more than 60 years old. Many grandparents well older than that take care of their grandkids.

Does this mean "Adoption of Convenience" always get denied?
DO you guys know any immigration lawyer with expertise in adoption in Ottawa region? Any references would help.

Yes, Adoptions of Convenience get denied. I cannot provide any recommendations.

 

[canuck78]

Your sister is still alive and she can care for them. If she is not in a good financial situation you can give her the money you would have spent on the children in Canada. They will have a good life that way. Just because you want to do something doesn’t mean it will be possible. If you have the funds to support your parents and 2 other children in Canada you can certainly afford to provide your sister and her 2 children a decent life at least for a little while. Adoptions of convenience are always denied.

 

[bhushh009]

Your sister is still alive and she can care for them. If she is not in a good financial situation you can give her the money you would have spent on the children in Canada. They will have a good life that way. Just because you want to do something doesn’t mean it will be possible. If you have the funds to support your parents and 2 other children in Canada you can certainly afford to provide your sister and her 2 children a decent life at least for a little while. Adoptions of convenience are always denied.

she is doing second marriage and with that marriage as her husband family is orthodox conventional family so she wont be able to take care of kids.

 

[canuck_in_uk]

she is doing second marriage and with that marriage as her husband family is orthodox conventional family so she wont be able to take care of kids.

Not a valid reason to give up your kids. It will still be considered an Adoption of Convenience.

 

[canuck78]

she is doing second marriage and with that marriage as her husband family is orthodox conventional family so she wont be able to take care of kids.

Still won’t allow you to bring them to Canada. Would suggest she not go through with the marriage unless your parents are willing to stay in India and take care of the children full-time. The Canadian government is pretty firm on denying sponsorship of adoptions of convenience. The Canadian government feels strongly children should stay with their parents and should not be separated just because their parent is not as well off financially and is not living in Canada. Separation from parents has been shown to be traumatic and unfortunately there have been circumstances where the nephews and nieces have been treated differently than the biological children. Knowing she has children she could have found, or be matched, with a husband who was willing to also care for her young children.

Feel free to contact a Canadian immigration lawyer. They will likely confirm exactly what we are saying. Marrying a second husband who does not want to care for very young children is not a reason why you can’t physically care for your children. Unfortunately your family did not look into the Canadian laws before going ahead with the adoption in India.

 

[bhushh009]

Unfortunately we consulted lawyer in india but not in canada and they said there wont be issue as its relative adoption. It appears they had no idea about canadian immigration laws...

 

[canuck78]

Unfortunately we consulted lawyer in india but not in canada and they said there wont be issue as its relative adoption. It appears they had no idea about canadian immigration laws...

Yes u fortunately they would have had no idea. A quick google search about international adoption from Canada would have saved you lots of time and money since now you have adopted 2 children who can not move to Canada. They will have difficulty ever travelling to Canada as well as your adopted children.