Adopeted out - Sibling points

[kent123]

Hi all,
My biological brother was adopted by my aunt & uncle at birth. He is in Canada now (PR). His birth certificate has biological (my) parents names. There is an adoption certificate too.

Can I claim sibling points?

Pls can anyone confirm ?

 

[kent123]

Anyone??

 

[adtjindal]

i think you can. not an expert on this though.

 

[kent123]

Is there an email ID where I can write to confirm this please?

 

[scylla]

Adoption typically severs the family tie from an immigration perspective. So I think it's quite possible CIC will not let you claim the points.

 

[kent123]

Adoption typically severs the family tie from an immigration perspective. So I think it's quite possible CIC will not let you claim the points.

In typical cases, yes. Because adoption usually happens at birth or early childhood and bond with the blood family ends there. My brother was adopted when he was 21yrs old. We grew up together like any other siblings. One of the main reasons for moving to Canada is my brother.

 

[kent123]

Is there an enquiries email ID where I can ask this to CIC directly please?

 

[scylla]

Is there an enquiries email ID where I can ask this to CIC directly please?

No - there is no email address. CIC has a call centre, however they are typically useless for all but the most basic questions:

https://www.canada.ca/en/immigratio...orate/contact-ircc/client-support-centre.html

 

[kent123]

No - there is no email address. CIC has a call centre, however they are typically useless for all but the most basic questions:

https://www.canada.ca/en/immigratio...orate/contact-ircc/client-support-centre.html

Very frustrating! How do I know what to do in my case? I don’t want to “apply and see” - if they reject I lose a lot of money!

 

[newbutterfly]

Can you confirm from your brother what exactly CIC has on record? If you were listed anywhere on his application then you may have a chance, if otherwise then I doubt you can claim points.

According to the courts, “The effect of the final decree of adoption is to, “terminate all legal relationships between the adopted individual and his natural relatives, including his natural parents, so that the adopted individual thereafter is a stranger to his former relatives for all purposes.”

According to CIC:
For both the immigration and citizenship process, an adoption is valid only if it ends the child’s legal relationship with the biological parents, and a new legal relationship is established between the adopting parents and the adopted child.

This means the child cannot later sponsor his/her biological relatives to come to Canada.

If your brother is in Manitoba, you can try the PNP route.

 

[scylla]

Very frustrating! How do I know what to do in my case? I don’t want to “apply and see” - if they reject I lose a lot of money!

I personally would not claim sibling points. I think CIC will say the sibling relationship was severed as a result of the adoption.

 

[canuck_in_uk]

In typical cases, yes. Because adoption usually happens at birth or early childhood and bond with the blood family ends there. My brother was adopted when he was 21yrs old. We grew up together like any other siblings. One of the main reasons for moving to Canada is my brother.

As others have said, adoption severs the legal relationship with the birth family. Your brother's age at the time of adoption doesn't change that.

 

[zardoz]

In typical cases, yes. Because adoption usually happens at birth or early childhood and bond with the blood family ends there. My brother was adopted when he was 21yrs old. We grew up together like any other siblings. One of the main reasons for moving to Canada is my brother.

You said in https://www.canadavisa.com/canada-i...d/threads/adopeted-out-sibling-points.534010/ "My biological brother was adopted by my aunt & uncle at birth."

Which is the true answer?

 

[mgnlky]

I don't think you have much of a chance of claiming points either way, but if he was adopted at birth, I'd say that percentage is about zero.

21 would likely be considered a legal adult in most countries, including Canada. I'm not sure if CIC will even care about the age he was adopted at, but if he was adopted at 21, my question would be why was he adopted after becoming an adult?

 

[scylla]

In typical cases, yes. Because adoption usually happens at birth or early childhood and bond with the blood family ends there. My brother was adopted when he was 21yrs old. We grew up together like any other siblings. One of the main reasons for moving to Canada is my brother.

He can't have been adopted at 21. If he had, CIC would not have recognized the adoption. Regardless of when he was adopted, I believe CIC will no longer recognize the sibling relationship as a result of the adoption.