Adopted my niece.

[Sara254]

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 understand it’s a unique and unusual case. But I have taken care of since 2007 to present Yes, lived with her under the same roof and provided love and stability in her life.
I am the only parent she had for the last 13 years. We do have a great loving relationship and she is a young lady I am very proud to call my daughter.

Any good lawyers in the Toronto area please share with me.

thanks

 

[armoured]

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.

All of your points are pretty strong including this. Again, I really don't think they would have issued the travel document if it was not a pretty strong case.

 

[Sara254]

All of your points are pretty strong including this. Again, I really don't think they would have issued the travel document if it was not a pretty strong case.

I genuinely love her. I not been blessed with a child and she needed a mother and I guess I got a beautiful kind and smart girl. I have given her a life I never had growing up, and including love and security.

 

[armoured]

I genuinely love her. I not been blessed with a child and she needed a mother and I guess I got a beautiful kind and smart girl. I have given her a life I never had growing up, and including love and security.

Congratulations on adopting her. It sounds like you are both very lucky to have one another.

What would be interesting to know is under what form they granted the visa to her, whether some kind of 'dispensation' or whatever terms they use. Given the circumstances, it is fairly likely it is some form of 'family reunification' authorisation (reunification here not meant to indicate that you are apart but to travel to Canada together). Hence one can possibly infer that - at some level - they have recognised you as having strong - 'immediate' - family ties.

The reality (it seems to me) is that actually being in Canada together makes it much less likely that they would be able to remove her in future, or even attempt to. This is one reason why they are so careful about giving such visas, so getting that visa is cause for optimism about how they see your case. It also means - my opinion only - that it is in your interests to get to Canada together when feasible. (Apart from all the other reasons)

Good luck. Stuck abroad myself so understand that part is frustrating.

 

[armoured]

Any good lawyers in the Toronto area please share with me.

I don't have lawyers with whom I have personal experience.

But one additional thought: you will get better advice from a lawyer (particularly at consultation stage) if you have more information.

You should consider ordering the access to information (ATIP) files (also called GCMS for the internal immigration canada system). An MP's office may be able to get some of this information or similar but you can do it yourself.

https://atip-aiprp.apps.gc.ca/atip/welcome.do

It can be done online and is supposed to take 30 days (may be longer now of course).

I think this is important because you may be able (or a lawyer with experience reading these would) to determine what notes are in there. It is possible you would not need more than a consultation to determine that it all looks good and what comments they have made about your daughter's file, what questions may be outstanding and where it is. And if not, you'll have more information to prepare.

Good luck.

 

[canuck78]

I genuinely love her. I not been blessed with a child and she needed a mother and I guess I got a beautiful kind and smart girl. I have given her a life I never had growing up, and including love and security.

The issue is that many families would use adoption to bring nieces, nephews, cousins, etc.to Canada which is one of the reasons why Canada usually only recognizes adoptions when a child is orphaned. This can create issues because children may be separated from their parents so they can come to Canada and unfortunately there have also been cases where family members who have been adopted and brought to Canada are treated very differently than the biological children. There have been some cases where the children have been abused. Not saying that your case will not be approved but it is not uncommon for relatives to pay for schooling and living expenses of relatives when they come to Canada.

Think that a lawyer is necessary to navigate this case. An MP can enquire about your case but can not influence the approval. Your other big issue may be finding a flight,

 

[canuck_in_uk]

Congratulations on adopting her. It sounds like you are both very lucky to have one another.

What would be interesting to know is under what form they granted the visa to her, whether some kind of 'dispensation' or whatever terms they use. Given the circumstances, it is fairly likely it is some form of 'family reunification' authorisation (reunification here not meant to indicate that you are apart but to travel to Canada together). Hence one can possibly infer that - at some level - they have recognised you as having strong - 'immediate' - family ties.

The reality (it seems to me) is that actually being in Canada together makes it much less likely that they would be able to remove her in future, or even attempt to. This is one reason why they are so careful about giving such visas, so getting that visa is cause for optimism about how they see your case. It also means - my opinion only - that it is in your interests to get to Canada together when feasible. (Apart from all the other reasons)

Good luck. Stuck abroad myself so understand that part is frustrating.

Facilitation visa based on the adoption and citizenship app.

https://www.canada.ca/en/immigratio...ry-residents/visitors/facilitation-visas.html

 

[Sara254]

Facilitation visa based on the adoption and citizenship app.

https://www.canada.ca/en/immigratio...ry-residents/visitors/facilitation-visas.html

Correct. It’s a facilitation visa.

 

[Sara254]

I don't have lawyers with whom I have personal experience.

But one additional thought: you will get better advice from a lawyer (particularly at consultation stage) if you have more information.

You should consider ordering the access to information (ATIP) files (also called GCMS for the internal immigration canada system). An MP's office may be able to get some of this information or similar but you can do it yourself.

https://atip-aiprp.apps.gc.ca/atip/welcome.do

It can be done online and is supposed to take 30 days (may be longer now of course).

I think this is important because you may be able (or a lawyer with experience reading these would) to determine what notes are in there. It is possible you would not need more than a consultation to determine that it all looks good and what comments they have made about your daughter's file, what questions may be outstanding and where it is. And if not, you'll have more information to prepare.

Good luck.

Thanks for your advice. Most definitely I will get InTouch with our MP and consult a lawyer once we get back.

 

[Sara254]

The issue is that many families would use adoption to bring nieces, nephews, cousins, etc.to Canada which is one of the reasons why Canada usually only recognizes adoptions when a child is orphaned. This can create issues because children may be separated from their parents so they can come to Canada and unfortunately there have also been cases where family members who have been adopted and brought to Canada are treated very differently than the biological children. There have been some cases where the children have been abused. Not saying that your case will not be approved but it is not uncommon for relatives to pay for schooling and living expenses of relatives when they come to Canada.

Think that a lawyer is necessary to navigate this case. An MP can enquire about your case but can not influence the approval. Your other big issue may be finding a flight,

The Canadian consular sent an email to all registered Canadians of a possible flight on April 6, I sent them my information and requested to be placed on it.

 

[Sara254]

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.

Thank you my dear. Your responses always gives me hope.
I most definitely will get a good lawyer to fight this case. She is worth everything I can do and will do anything to continue with the promise I made her “ it’s you and I against the world”. I had a successful business in kenya and till late last I had no intention of going back, but with the increased insecurity and now coved-19 I threw in the towel. My adopting was driven by three things, one was to legalize our relationship, to make sure she has a legal connection instead of an auntie and thirdly for inheritance.

 

[armoured]

Facilitation visa based on the adoption and citizenship app.

https://www.canada.ca/en/immigratio...ry-residents/visitors/facilitation-visas.html

Under which the 'presumptive Canadian' aspect gives some grounds for cautious optimism. Underline cautious.

Thanks for your advice. Most definitely I will get InTouch with our MP and consult a lawyer once we get back.

The access to information report is worth ordering and something you can do now.

 

[canuck_in_uk]

Under which the 'presumptive Canadian' aspect gives some grounds for cautious optimism. Underline cautious.

I wouldn't say that. The person issuing the facilitation visa very likely did not look at the actual application or circumstances beyond confirming the basic info, adopted by a Canadian and grant of citizenship app in process.