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rosslheng

Newbie
Jun 19, 2012
4
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My wife and I are planning to sponsor two of her adopted brothers. They were adopted by my wife´s mom when they were just babies. Both of there birth certificates were transferred to the family´s name, also, both of my wife´s parents were listed in the certificate. They are currently both under 18 years of age.
My wife´s parents separated (dad had left them behind) when my wife was just a kid but not legally (divorce). During the time the two brothers were not in the picture yet. When my wife, her mom and other siblings migrated here in Canada, the two brothers got left behind with the care of her other older sister. Unfortunately, my wife´s mom had passed away and the older sister could no longer take care of the two bothers.
We are both Canadian citizen and our combine income are enough for sponsorship. My question is can we sponsor the two adopted brothers under the section of other orphan relatives? They are technically orphaned in a sense that the dad was never in the picture the time when they were growing up. If anyone can leave a comment or offer some advise, much appreciated. One of the brother will be turning 18 this year and I want to forward our application asap. Thanks.

Here's more info:

Those two brothers were adopted at birth, (no actual documents of the adoption) older brother was actually abandoned by his biological mother to my wife´s mom when he was a baby. When the older brother birth certificate was filed, my wife´s parent names were used as they were the actual biological parents. In reality it was only the mom who adopted him, or "gave birth" to him in a sense based on his birth certificate and the dad was only included in paper for unknown reason, maybe it was a requirement when filing the birth certificate. Younger brother case was almost identical and exact same thing with the birth certificate. The two boys are not aware that they are adopted, they see my wife's mom as their parent and vice versa. The two problems I see is the "dad" being alive and their birth certificates showing the parents married. But really he´s not the father of them both, he was never in the picture when they were adopted and he was not even the real biological father. This is what I´m confuse about, How do I show proof that these two brothers are actually orphaned? And ever since they were little, the wife´s mom and the older sister acted as the parent/ guardian for them two. What kind of documentations do I need to provide the immigration to qualify the brothers as orphan relatives? I know death certificate for the mom but...I don´t know the dad´s role here.

A bit of timeline:

late 80´s/ early 90´s parents seperated
*1994 Dec - older brother date of birth *adopted by wife´s mom at the same date*
*1997 Mar - younger brother date of birth *adopted by wife´s mom at the same date*
*2001 May - wife´s mom came to Canada - brothers was left behind under custody of the older daughter( wife´s sister)
*2003 Dec - wife´s mom passed away
*2003-2012 brothers grew up under the older sister guardianship...
*2012 - sister could no longer take care of the two brothers, asked if we can sponsor them
 
Hi


rosslheng said:
My wife and I are planning to sponsor two of her adopted brothers. They were adopted by my wife´s mom when they were just babies. Both of there birth certificates were transferred to the family´s name, also, both of my wife´s parents were listed in the certificate. They are currently both under 18 years of age.
My wife´s parents separated (dad had left them behind) when my wife was just a kid but not legally (divorce). During the time the two brothers were not in the picture yet. When my wife, her mom and other siblings migrated here in Canada, the two brothers got left behind with the care of her other older sister. Unfortunately, my wife´s mom had passed away and the older sister could no longer take care of the two bothers.
We are both Canadian citizen and our combine income are enough for sponsorship. My question is can we sponsor the two adopted brothers under the section of other orphan relatives? They are technically orphaned in a sense that the dad was never in the picture the time when they were growing up. If anyone can leave a comment or offer some advise, much appreciated. One of the brother will be turning 18 this year and I want to forward our application asap. Thanks.

Here's more info:

Those two brothers were adopted at birth, (no actual documents of the adoption) older brother was actually abandoned by his biological mother to my wife´s mom when he was a baby. When the older brother birth certificate was filed, my wife´s parent names were used as they were the actual biological parents. In reality it was only the mom who adopted him, or "gave birth" to him in a sense based on his birth certificate and the dad was only included in paper for unknown reason, maybe it was a requirement when filing the birth certificate. Younger brother case was almost identical and exact same thing with the birth certificate. The two boys are not aware that they are adopted, they see my wife's mom as their parent and vice versa. The two problems I see is the "dad" being alive and their birth certificates showing the parents married. But really he´s not the father of them both, he was never in the picture when they were adopted and he was not even the real biological father. This is what I´m confuse about, How do I show proof that these two brothers are actually orphaned? And ever since they were little, the wife´s mom and the older sister acted as the parent/ guardian for them two. What kind of documentations do I need to provide the immigration to qualify the brothers as orphan relatives? I know death certificate for the mom but...I don´t know the dad´s role here.

A bit of timeline:

late 80´s/ early 90´s parents seperated
*1994 Dec - older brother date of birth *adopted by wife´s mom at the same date*
*1997 Mar - younger brother date of birth *adopted by wife´s mom at the same date*
*2001 May - wife´s mom came to Canada - brothers was left behind under custody of the older daughter( wife´s sister)
*2003 Dec - wife´s mom passed away
*2003-2012 brothers grew up under the older sister guardianship...
*2012 - sister could no longer take care of the two brothers, asked if we can sponsor them

1. No, as you have relatives in Canada. The "adopted" children are not orphans. It would appear that there was no official adoption, nor were they examined when your mother emigrated, so they are no longer members of the family class and can't be sponsored.
2. They could try applying under 25(1) of the Act on Humanitarian and compassionate grounds, but I wouldn't hold out much hope, as no interest was made in bringing them to Canada and it has been 12 years.
 
Thank you for your reply.

"nor were they examined when your mother emigrated, so they are no longer members of the family class and can't be sponsored"

..that part above, this is what I'm trying to find out if the boys was declared as her children when she first came here to Canada. How can I find this out this? We are currently trying to find her old documents. If anything she did include them, is there a chance for them to be sponsored and which category? Do you suggest getting a legal advice from a lawyer?
 
To clarify it more. Here's a bit of history.

The mom had ten children in total. Two daughters from the first husband / partner (not sure if they were actually married), six more daughters from the second husband (need to clarify if they were married too), it states parents unmarried on my wife birth certificate but other sisters think they were. ??? Ill try to get back to that. Plus, the two "adopted" boys. First husband was the first person that came here to Canada. To make it the story short he was the one that sponsored his two biological daughters, only them two. I'm not sure about the process back then, but from what info I gathered, the mom signed some documents giving up the rights to the first husband as she had her own second family at the time. Two oldest sister then sponsored their mom to migrate here in Canada. First two oldest daughter got left behind for not qualifying the age limit. Same goes with the two sons. Not sure about the two boys what exactly transpired during the process. If the two older sisters sponsoring purposely didn't include them or papers had already been forwarded to the immigration without them as the mom's dependents. Not sure. Regardless, somehow I'm hoping upon entry here she must submitted some kind documentations stating she has four more children that got left behind. Please let me know if there is any hope. Thanks. =)
 
Could you ask CIC for information? If they are listed you will have to apply a.s.ap. since once they turned 18, you can't sponsored them.
 
^^ thanks for your reply.

I'm going to try and contact CIC. However, if they are not listed, other options I'm thinking is to adopt both of them. Is this possible?
 
If you adopt them, you would have to prove that it was a genuine adoption, in the sense that you intend to establish a real parent-child bond with them, and that the adoption is not just so that they can immigrate to Canada. Under the circumstances, you'll have a hard time proving that.

Could you look into having the boys come over to study?
 
rosslheng said:
^^ thanks for your reply.

I'm going to try and contact CIC. However, if they are not listed, other options I'm thinking is to adopt both of them. Is this possible?

I would have to say I agree with canadianwoman, since it is going to be very difficult to prove since they have been living under other adult' supervision

Get them to come over to study and find a job offer after completion of their study.

All the best