Thank for information will look it up once we get back to Ontario. Also I won’t see the officer issuing the visa but I will send him an email to ask if the process can continue on Canada or do I have to bring here back to kenya, which will be an expensive option.
Adopted my niece.
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Thank for information will look it up once we get back to Ontario. Also I won’t see the officer issuing the visa but I will send him an email to ask if the process can continue on Canada or do I have to bring here back to kenya, which will be an expensive option.
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Children can also got to school out of status. Legally. Well at least in Ontario. My sister went to school here when she was waiting for her application to go through. She never had legal status.
Dear All,
My daughter has been issued the visa, and the kind officer explained that I can apply extend it if it’s not enough. He also stated that he is not an expert on adoption and advised I could seek an immigration expert once I am in Canada about processing the case while we are back home.
CaN anyone please help me with advice as how I should proceed once I am back home. I do not want to return back to Kenya just to peruse this case if I have the option of having it processed in Canada. Also 15 yrs in Kenya is enough for now.
Thank you all for your support and honest advice.
My daughter has been issued the visa, and the kind officer explained that I can apply extend it if it’s not enough. He also stated that he is not an expert on adoption and advised I could seek an immigration expert once I am in Canada about processing the case while we are back home.
CaN anyone please help me with advice as how I should proceed once I am back home. I do not want to return back to Kenya just to peruse this case if I have the option of having it processed in Canada. Also 15 yrs in Kenya is enough for now.
Thank you all for your support and honest advice.
I apologise if I've missed anything in this thread but for clarity:
-You have already applied for Canadian citizenship for the child, based on adoption procedure? When did you submit? Or did I misunderstand and you have applied to sponsor her for permanent residence (presumably by outland process)?
-You are a Canadian citizen by birth/naturalization or by descent?
Since you seem to have a contact with the visa officer, perhaps that individual can help to clarify where it stands. And particularly in your case - given the cirumstances - whether if there will be an interview, is it likely or possible to have in Canada. You may not get a firm answer at this point, given the Covid situation, but it will not likely hurt to ask.
I do NOT consider myself an expert, but it seems from your first posts in this thread you applied for Canadian citizenship for her (grant by right of adoption).
Although the decision to grant her a visa is probably not determinative of what the final decision will be, it at minimum seems a positive indication that they've given the visa - on some level indicative they believe the adoption and relationship is genuine.
I would also keep the documents handy that you submitted for her citizenship (if I understood correctly) - in some parts of government, they may accept this as an indication that her citizenship is 'pending.'
Again, I don't wish to get false hopes up. But it's possible that the rest of the process is just finalization of her citizenship. Most of all, if (as your first post here seemed to state) you applied for her citizenship and not to sponsor her as a PR, that you can go to Canada and wait for the process to be completed.
(Caveats here apply, not an expert)
I am Canadian via naturalizations. I applied Canadian citizenship by adoption. I made the application in July 2018. The first part was processed in Sydney and it was to confirm I am a Canadian citizen. I was advice to apply for part two in kenya, which I did in November 2018. However, the officer handling our case requested a bunch of documents and I submitted them, the had concerns whether she qualified to. Be granted citizenship and wanted to make a fair decision. Early March I got an appointment for interview requesting the remaining birth parent ( who is no longer in kenya), adoptive parent and adopted child to came March 26. However due to the situation of covid-19 it was cancelled. I requested to the embassy to be allowed to travel back to Canada since I could not leave her behind before all flights from and kenya were stopped.
The officer got back to me Friday March 27 week and by then all flights were full. But we agreed to apply for visa and have it in hand in the event things change.
I did ask the office who issued the visa if I could continue the interview or the process in Cana and he said to consult an immigration expert, since he is not handling adoption.
Thank you for clarifying. A somewhat unique situation. Obviously the pending interview and the ability to schedule it (somewhere?) is the biggest wrinkle.
Since it seems you have the visa and the process of citizenship is well underway, and you have the capacity to get her insurance and the like, getting to Canada when feasible and sorting it out there, e.g. contacting IRCC to clarify, does not seem unreasonable. You might also wish to contact your MPs office.
Sorry, I don't want to speculate about the legal issues (e.g. birth mother and why they want an interview, are these legal questions they want to clarify or the genuineness of your relationship).
I have no idea what they want to clarify with the birth mother? I think it could be genuiness of the relationship, on the legal side we complied.
It is still considered an adoption of convenience and not an adoption because she was an orphan so they likely want to determine whether the mother could have cared for her child. Your case would be considered an exception to the rules. Would add that if she wants to pursue college/university until she gets citizenship she will only qualify as an international student. Given her age that is likely to be an issue you may face.
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It seems like she is essentially getting a visitor visa while the citizenship case is determined. Technically she doesn’t qualify for high school as a domestic student but some school boards overlook the issue.
The relevant government info page states that "Other types of custody arrangements and adoption-like situations (guardianships) do not meet the requirements for a direct grant of citizenship for adopted persons."
An educated guess that this is the heart of the matter. Before you clearly had a relationship that was more like guardianship. You undertook the legal steps for adoption, but it "[can]not have been entered into primarily to get a citizenship or immigration status or privilege.".
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=405&top=2
Further there is a point that the adoption "create a genuine parent-child relationship that permanently severs the legal ties to the child’s biological parents."
So presumably the interview is partly to determine whether it's a 'true' adoption or a form of guardianship. And possibly whether connected to citizenship/immigration to Canada.
Beyond that it seems a legal question. But you living with her full time (in Canada or in Kenya) would only seem to strengthen your case that it is a true parent-child relationship (esp if the birth mother not present).
Again, if you have concerns about how they look at this and what criteria used and the legal side especially, get legal advice.
I can see how that could be considered adoption of conscience, but why would I invest my time and money plus emotional if I did not genuinely care for her. Anyone who knows us can see our relationship is genuine and loving.
what you said makes a lot sense to an extent about them wanting to know if the mother could have cared for her child. I mentioned in a letter to the officer how the child came to live with my brother, due to Islamic rules if a women remarried the child automatically goes to the father.
she could have opposed and say no, but she never did because her husband did not want anything to do with
My niece.
During the time I had my daughter she never made any efforts to visit or establish any relationship with her. Never called on birthdays or holidays.
Paying for her education is not a problem, I can manage. I have been blessed to have her in my life and money is nothing, her well being is important to me.
what you said makes a lot sense to an extent about them wanting to know if the mother could have cared for her child. I mentioned in a letter to the officer how the child came to live with my brother, due to Islamic rules if a women remarried the child automatically goes to the father.
she could have opposed and say no, but she never did because her husband did not want anything to do with
My niece.
During the time I had my daughter she never made any efforts to visit or establish any relationship with her. Never called on birthdays or holidays.
Paying for her education is not a problem, I can manage. I have been blessed to have her in my life and money is nothing, her well being is important to me.
IMO you should be good.
The relationship with the birth mother sounds like it was severed a long time ago and you have been the sole primary parent for a long time now.
IMO the temp travel document would not have been issued if your case had a low chance of success.
Having said all of that, your case is not normal or usual - it's very unique. You should really hire a good Canadian immigration lawyer to support you once you are back in Canada and make sure you are taking all of the right steps.
I agree with the above, I really don't think the travel document would have been issued otherwise.
Once in Canada, I think it's also possible an MPs office could help. It's a question whether there's even any legal issue (at this point) or just slow processing given the issues they looked at; possible an MPs office could encourage things along.
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