Adoption from Pakistan

[adoptionmatter]

I and my wife are Canadian citizens. We did not have children so we adopted my brother's son, who is born in Pakistan. We have been raising our adopted son for the last 4 years in Pakistan. I wish to come to Canada now. I want my adopted son to immigrate to Canada. However, Canada has banned adoption from Pakistan.

How can I come to Canada with my adopted son in this case? Should I apply for his visit visa ?

 

[scylla]

As you've said, Canada doesn't recognize adoptions from Pakistan. A visitor visa (if approved) will only allow him to come to Canada temporarily (few weeks, few months) - not to live in Canada. A study permit would probably be the best route. You'll need to find a school that will accept him first (before you can apply for the study permit). Expect to pay approximately $14K in tuition per year for public school.

 

[Rob_TO]

I and my wife are Canadian citizens. We did not have children so we adopted my brother's son, who is born in Pakistan. We have been raising our adopted son for the last 4 years in Pakistan. I wish to come to Canada now. I want my adopted son to immigrate to Canada. However, Canada has banned adoption from Pakistan.

How can I come to Canada with my adopted son in this case? Should I apply for his visit visa ?

If you do a quick google search on the topic, you will see that other Canadians have gone through incredible hassle to get adopted children from Pakistan to Canada. In one case it took over 5 years with the help of a lawyer and their Provincial Parliament, just to get the child a visa.

There are also court cases on record where immigration/citizenship has been refused at the appeal level, since as you said the adoptions are not seen as legal so to Canada he is not your dependent for immigration purposes. Here is 1 example: http://www.canadianlawyermag.com/legalfeeds/2307/court-says-no-to-couple-seeking-citizenship-for-child.html

I'm not sure if citizenship or immigration via PR app, is even possible due to the adoption ban. You should perhaps worry first just about getting him to Canada with a regular visa, as you may find this is not even possible regardless if you attempt it under a regular visitor or study visa since to Canada he is not your son.

 

[adoptionmatter]

If you do a quick google search on the topic, you will see that other Canadians have gone through incredible hassle to get adopted children from Pakistan to Canada. In one case it took over 5 years with the help of a lawyer and their Provincial Parliament, just to get the child a visa.

There are also court cases on record where immigration/citizenship has been refused at the appeal level, since as you said the adoptions are not seen as legal so to Canada he is not your dependent for immigration purposes. Here is 1 example: http://www.canadianlawyermag.com/legalfeeds/2307/court-says-no-to-couple-seeking-citizenship-for-child.html

I'm not sure if citizenship or immigration via PR app, is even possible due to the adoption ban. You should perhaps worry first just about getting him to Canada with a regular visa, as you may find this is not even possible regardless if you attempt it under a regular visitor or study visa since to Canada he is not your son.

Thanks for your response. My intention is to come to Canada for a couple month visit for now.

I understand that for Canada he is not my son. Is it a legit case that since I am the child's carer, the child will have to accompany me in my short visit ?

 

[mikeymyke]

What about the brother? It might be seen as an adoption of convenience if he's a perfectly capable father who hasn't given up his parental rights

 

[Rob_TO]

Thanks for your response. My intention is to come to Canada for a couple month visit for now.

I understand that for Canada he is not my son. Is it a legit case that since I am the child's carer, the child will have to accompany me in my short visit ?

One problem I see is that you may have no legal authority to even apply for the child's TRV, since to Canada you are not a parent. You may need the biological father to help you apply.

I have no idea what the result will be, but I imagine you will run into difficulties and have to go through some bureaucratic process and lots of government red tape. As I mentioned before, other couples have been blocked entirely or took 5+ years to finally get a visa.

What about the brother? It might be seen as an adoption of convenience if he's a perfectly capable father who hasn't given up his parental rights

It will not be seen as an adoption of convenience, since adoptions from Pakistan are not seen as legal so it will not be seen as an adoption at all.

One article I read on the topic summed it up as:
“Pakistan applies the Islamic system of kafala, or guardianship, which neither terminates the birth parent-child relationship nor grants full parental rights to the new guardian. This means that there are further legal incompatibilities in accepting Canadian applications for adoption.”