+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Jey14

Member
Sep 17, 2020
17
1
Hi

I would like to understand this letter sent to my husband.
He adopted his 2 orphans niece and are minor .what does mean please
This is what Accra sent to him .

Dear Mr This refers to your application for a permanent residence visa in which you included Sarah and nancy as your dependent children. Subsection 1(3) of the Immigration and Refugee Protection Regulations states: For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and these Regulations, “family member” in respect of a person means: (a) the spouse or common-law partner of the person; (b) a dependent child of the person or of the person’s spouse or common-law partner; and (c) a dependent child of a dependent child referred to in paragraph (b) A dependent child is defined in the Immigration and Refugee Protection Regulations in section 2: 2. dependent child, in respect of a parent, means a child who (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge)

I have concerns that Sarah and Nancy are not your dependent
children according to the Regulations, they cannot be included in your permanent resident visa application and may be deleted from this application. I have concerns that the documents you provided are not an adoption order, but rather a custody order. Please provide the following documents further to what you have provided:
Application for adoption
Placement of adoption
Fostering document
Social Welfare report from the Ministry Copy of Adoption Law

All annexed documents submitted to the courts in support of the adoption.
There is no right of appeal for removed dependent children who are ineligible.

In light of the above information, please advise if you are still willing to continue with your application.

You may respond to this office in writing within 60 days of the date of this letter. Your sponsor cannot appeal this decision since there has been no family class refusal.
Thank you for the interest you have shown in Canada.
 
Hi

I would like to understand this letter sent to my husband.
He adopted his 2 orphans niece and are minor .what does mean please
This is what Accra sent to him .

Dear Mr This refers to your application for a permanent residence visa in which you included Sarah and nancy as your dependent children. Subsection 1(3) of the Immigration and Refugee Protection Regulations states: For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and these Regulations, “family member” in respect of a person means: (a) the spouse or common-law partner of the person; (b) a dependent child of the person or of the person’s spouse or common-law partner; and (c) a dependent child of a dependent child referred to in paragraph (b) A dependent child is defined in the Immigration and Refugee Protection Regulations in section 2: 2. dependent child, in respect of a parent, means a child who (a) has one of the following relationships with the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or (ii) is the adopted child of the parent; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge)

I have concerns that Sarah and Nancy are not your dependent
children according to the Regulations, they cannot be included in your permanent resident visa application and may be deleted from this application. I have concerns that the documents you provided are not an adoption order, but rather a custody order. Please provide the following documents further to what you have provided:
Application for adoption
Placement of adoption
Fostering document
Social Welfare report from the Ministry Copy of Adoption Law

All annexed documents submitted to the courts in support of the adoption.
There is no right of appeal for removed dependent children who are ineligible.

In light of the above information, please advise if you are still willing to continue with your application.

You may respond to this office in writing within 60 days of the date of this letter. Your sponsor cannot appeal this decision since there has been no family class refusal.
Thank you for the interest you have shown in Canada.

Did he apply the death ertificate for the deceased parents? How long have they been deceased? Have they been living with him since then? Did he go through the formal adoption process in Ghana? Did he move to Canada without them after their parents were deceased?
 
My opinion only.

He needs a lawyer immediately, possibly both in Canada and country of origin. Others here can comment but short form is they don't believe it's a real adoption (possibly substantively, possibly on technical legal basis).

There are more details eg about relationship his support how the adoption took place etc but I repeat - lawyer up.

(Canada's system is very cautious about cases where the adoption could be done to sponsor non immediate family members - I'm not saying that as an accusation but to give context)
 
  • Like
Reactions: scylla
Did he apply the death ertificate for the deceased parents? How long have they been deceased? Have they been living with him since then? Did he go through the formal adoption process in Ghana? Did he move to Canada without them after their parents were deceased?

Why apply for the children as dependents and not orphaned relatives? To have those children as dependent would require international adoption, which is a nightmare (lots of paperwork, red tape and money lost to agencies over at least 2 years)