Sponsor step-daughter help please

[tozaigah]

Hope someone can help with advice as to the best way to apply for PR for my Thai step-daughter? My Thai wife and I have been separated for 3 years and she currently lives in Thailand with no desire to move to Canada. I am Canadian and our two girls have lived with me since the separation. Oldest daughter (14) is from my wife's previous relationship, youngest daughter (7) is ours together and holds Canada passport.
We have been living in China for past 8 years but have now decided to move to Canada, arrived on Sept. 6th. Step-daughter has multiple-entry TRV with first entry on this Visa on Sept. 6th, 2014.
My questions:
1) Should I wait until my wife and I finalize our divorce before applying for PR status for step-daughter or do it now?
2) Do I need to legally adopt step-daughter before making application?
3) Can she stay in Canada during the application process?
Thanks for any help and advice!

 

[truesmile]

I expect others will corroborate, but I'd say "yes" (since she's not your blood-daughter) you will need to legally adopt her first.
(although it would be nice if I'm wrong)

 

[scylla]

You need to legally adopt her to be able to sponsor her.

Until she has PR, you will have to keep applying to extend her stay in Canada.

 

[Rob_TO]

There is also a chance even if you do legally adopt her, CIC could feel it's an adoption of convenience done only for immigration purposes.

 

[truesmile]

This is very true. Details are not so clear from your post. After reading it even again, the step-daughter is not living with you now correct? Beforehand I had the impression she did, which would go a long way in proving it's not an adoption of convenience.

 

[Christoph100]

We have been living in China for past 8 years but have now decided to move to Canada, arrived on Sept. 6th. Step-daughter has multiple-entry TRV with first entry on this Visa on Sept. 6th, 2014.

I think his step daughter has been living with him.

 

[scylla]

I think his step daughter has been living with him.

Per OP's original post, the step-daughter has been living with him for 8 years.

 

[Rob_TO]

Per OP's original post, the step-daughter has been living with him for 8 years.

Would the fact he didn't apply for legal adoption 3 years ago when he separated from his wife, affect anything? I just see legally applying for adoption now and then intermediately sponsoring right after, could be a red flag.

 

[truesmile]

I've seen this before, people put it off (adopting bcoz of all the red tape), but they have really taken over as parent(s) of the child. I'd say this will overcome any red flag. Of course it was necessary to do one before the other, and necessity will have motivated them to act on it.

 

[tozaigah]

Thanks all for your advice. Yes, to confirm, my Thai wife and I were originally married 9 years ago so step-daughter has been with me since she was 5 years old and without wife for past 3 years.
How many times can we apply for TRV extension in Canada?

 

[scylla]

Thanks all for your advice. Yes, to confirm, my Thai wife and I were originally married 9 years ago so step-daughter has been with me since she was 5 years old and without wife for past 3 years.
How many times can we apply for TRV extension in Canada?

There is no limit to the number of times you can apply for an extension. However there is also no guarantee how many (if any) of those extensions will be approved.

 

[tozaigah]

I understand, thanks for your help!