Adopted child denied PR

[Amraketa]

In 2010 my wife and I adopted a 5 days old abandon child. All legal and adaptation procedure has been completed. When we applied for Permanent Resident Permit the adopted child was included. The adopted child was also sent for his medical test. A mail was sent but was not delivered to me and consequently l did not respond and his visa was denied. Five of us landed in 2015 leaving the boy behind. It has cost me money traveling to Nigeria to see him. We want to bring the boy to Canada can anyone in the house tell me what step(s) to take and if am to re-apply which form(s) will I use?

 

[scylla]

In 2010 my wife and I adopted a 5 days old abandon child. All legal and adaptation procedure has been completed. When we applied for Permanent Resident Permit the adopted child was included. The adopted child was also sent for his medical test. A mail was sent but was not delivered to me and consequently l did not respond and his visa was denied. Five of us landed in 2015 leaving the boy behind. It has cost me money traveling to Nigeria to see him. We want to bring the boy to Canada can anyone in the house tell me what step(s) to take and if am to re-apply which form(s) will I use?

It's hard to say based on the limited information you've provided. We would need to know what the letter or email you didn't respond to said (what it was requesting). We would also need to know what the refusal letter said when his visa was not granted.

 

[zardoz]

It sounds as if the child was excluded from the application, or the rest of the family would not have been granted PR.

If that's the case, then it might be a very difficult task to now sponsor the child as a member of the Family Class.
The time to have corrected this was back in 2015, BEFORE the family landed.

 

[Rob_TO]

. Five of us landed in 2015 leaving the boy behind.

Why would you have proceeded with the PR landing if it didn't include your adopted child?? Your own COPR document should have listed all your accompanying and non-accompanying dependents, and anyone not listed on it would be forever excluded to be sponsored by you in the future.

Hopefully he was just listed as a non-accompanying dependent for whatever reason and that's why he didn't get the PR visa himself. But to be sure you need to verify what is written on your own COPR.

 

[Amraketa]

Thank you for your quick response. In the letter sent to me it was stated " After a careful review of my documents you provided, I came to the conclusion that you have custody of the child, however, he has not been legally adopted. As a result, your child does not meet the definition of a member of the family class and he has been deleted from the application' On my arrival at the immigration border control they ask me if I would like to bring my adopted son in the future to Canada, I accepted.

 

[jddd]

Thank you for your quick response. In the letter sent to me it was stated " After a careful review of my documents you provided, I came to the conclusion that you have custody of the child, however, he has not been legally adopted. As a result, your child does not meet the definition of a member of the family class and he has been deleted from the application' On my arrival at the immigration border control they ask me if I would like to bring my adopted son in the future to Canada, I accepted.

sounds pretty straightforward. show evidence that you have legally adopted the child, if you can't then you have to go through the legal adoption process then sponsor.

 

[zardoz]

sounds pretty straightforward. show evidence that you have legally adopted the child, if you can't then you have to go through the legal adoption process then sponsor.

This is far from straightforward at this point. The OP will need to engage professional legal assistance. This is either a visa officer making a decision that is not valid (in which case it should have been immediately appealed) or the adoption was incorrect/incomplete/not valid.

Adoption from some countries is not recognized as valid by IRCC. Example: https://www.canadavisa.com/canada-i...-board/threads/adoption-from-pakistan.501051/

 

[Rob_TO]

Thank you for your quick response. In the letter sent to me it was stated " After a careful review of my documents you provided, I came to the conclusion that you have custody of the child, however, he has not been legally adopted. As a result, your child does not meet the definition of a member of the family class and he has been deleted from the application' On my arrival at the immigration border control they ask me if I would like to bring my adopted son in the future to Canada, I accepted.

But above you said you went through all legal adoption procedures, so why would the visa officer think otherwise? And did you not question the decision at the time?
Was the adoption from a country on the list Canada does not currently allow adoptions from? https://www.canada.ca/en/immigratio...anadians/adopt-child-abroad/restrictions.html

There are basically 2 ways this can proceed:
1. Your initial adoption was simply not done legally, so you need to ensure all legal steps are completed for the adoption then you can sponsor your child.
2. The adoption is from a country that Canada does not allow adoptions from. In this case you may never be able to adopt the child legal to Canadian rules, so may never be able to sponsor them for PR.

You should probably be consulting with a lawyer in how to proceed.

 

[Wakki]

Thank you for your quick response. In the letter sent to me it was stated " After a careful review of my documents you provided, I came to the conclusion that you have custody of the child, however, he has not been legally adopted. As a result, your child does not meet the definition of a member of the family class and he has been deleted from the application' On my arrival at the immigration border control they ask me if I would like to bring my adopted son in the future to Canada, I accepted.

Amraketa, i agree with Rob_TO.

1) Review the Adoption.
You should start with a review of the earlier completed child adoption to ensure its properly done, necessary additional support documents and all is okay and to address any issues you think made the visa offer to initially conclude the child had not been legally adopted before you could then proceed to Sponsor the adopted child for PR in Canada.

2) Review Adoption Sponsorship info and forms.

3) Sponsor Adopted Child for PR.
As you did not receive the mail from the Visa Office and and consequently did not respond, don't know if you challenged the visa denial decision prior to landing as PR in 2015..........since you proceeded to land with your family without your adopted child, you should have revisited your adopted child's case immediately after you landed as PR in Canada...........Its almost 3 years since you and your family landed in Canada, so i think you really have to move fast to Sponsor your adopted child to join your family in Canada.

I don't think Nigeria is on the list of countries Canada does not allow adoptions from......
https://www.canada.ca/en/immigratio...anadians/adopt-child-abroad/restrictions.html

Adoption from outside Canada can be complicated, sometimes even suspicious and it seems yours is legal but its up you to prove its legality to the visa office (IRCC).
https://www.canada.ca/en/immigratio.../protect-fraud/irregular-adoptions-fraud.html

Not sure how legal adoption is processed in Nigeria and how to prove legality of adoption........maybe this info from the US embassy may help you.........
https://ng.usembassy.gov/u-s-citizen-services/adoption/adoption-in-nigeria/

Adoption Sponsorship Info and Forms:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=399&top=2

https://www.canada.ca/en/immigratio...pt-child-abroad/processes/choose-process.html

https://www.canada.ca/en/immigratio...s/choose-process/immigration/eligibility.html

https://www.canada.ca/en/immigratio...adopted-children-other-relatives-sponsor.html

https://www.canada.ca/en/immigratio...-adopted-children-other-relatives.html#3998E3

 

[jddd]

This is far from straightforward at this point. The OP will need to engage professional legal assistance. This is either a visa officer making a decision that is not valid (in which case it should have been immediately appealed) or the adoption was incorrect/incomplete/not valid.

Adoption from some countries is not recognized as valid by IRCC. Example: https://www.canadavisa.com/canada-i...-board/threads/adoption-from-pakistan.501051/

I meant the SOLUTION is straightforward. IRCC's letter is straightforward. They want a legal adoption.

Now as for the PROCESS to legally adopt, I can't comment on.

 

[mikeymyke]

I think it appears they wanted to request a document to verify he's legally adopted, but because you failed to respond, they assumed he's not legally yours.

I suggest try to contact them about what that original correspondence was about and review your adoption docs

 

[Amraketa]

Thank you for your detailed information. I think the best is to reapply for the boy. I could not lay hands on the letter they sent me but I do remember the document they requested from me wish I travelled last year 2017 to get from Nigeria

 

[Rob_TO]

Thank you for your detailed information. I think the best is to reapply for the boy. I could not lay hands on the letter they sent me but I do remember the document they requested from me wish I travelled last year 2017 to get from Nigeria

If you simply re-apply and haven't fixed the situation that caused him to be removed from the app the first time around, the new app may just end in rejection again.

 

[jas2015]

Hi friends
I go through all the posting here, May be my case is not fitted 100% here. but i want to discuses here my problem if any one help me.
I am a PNP applicant, Saskatchewan, I am from Bangladesh, i am a single lady, in 2014 i adopted my 1.5 years nephew as adopted son.After that he is under my custody, I applied in 2016 to Saskatchewan as a skill worker and province gave both of us nomination. and applied October 2016 to CIC for PR for me and my son.

But last 18 months my file is pending , no progress , after 10 months of AOR the local visa office Singapore asked me to submit 11 additional paper, most of them was legal documents, I applied to CIC according to the CIC guide line and sent all the documents according CIC checklist . i submitted my additional documents at 1st December but still now no update.

Any body have any idea about my file how lone it will take to proceed

My current online profile is like below:


1. Application status: We are processing your application. We will send you a message when there is an update or if we need more information from you.
2. Review of eligibility: We are reviewing whether you meet the eligibility requirements.
3. Review of medical results : If you need a medical exam, a message with instructions will be sent to you.
4. Review of additional documents : empty
5. Interview : You do not need an interview. We will send you a message if this changes.
6. Biometrics : We do not need your fingerprints. We will send you a message if this changes.
7. Background check : We are processing your background check. We will send you a message if we need more information.
8. Final decision : Your application is in progress. We will send you a message once the final decision has been made.

Regards

Jasmeen

 

[scylla]

Hi friends
I go through all the posting here, May be my case is not fitted 100% here. but i want to discuses here my problem if any one help me.
I am a PNP applicant, Saskatchewan, I am from Bangladesh, i am a single lady, in 2014 i adopted my 1.5 years nephew as adopted son.After that he is under my custody, I applied in 2016 to Saskatchewan as a skill worker and province gave both of us nomination. and applied October 2016 to CIC for PR for me and my son.

But last 18 months my file is pending , no progress , after 10 months of AOR the local visa office Singapore asked me to submit 11 additional paper, most of them was legal documents, I applied to CIC according to the CIC guide line and sent all the documents according CIC checklist . i submitted my additional documents at 1st December but still now no update.

Any body have any idea about my file how lone it will take to proceed

My current online profile is like below:


1. Application status: We are processing your application. We will send you a message when there is an update or if we need more information from you.
2. Review of eligibility: We are reviewing whether you meet the eligibility requirements.
3. Review of medical results : If you need a medical exam, a message with instructions will be sent to you.
4. Review of additional documents : empty
5. Interview : You do not need an interview. We will send you a message if this changes.
6. Biometrics : We do not need your fingerprints. We will send you a message if this changes.
7. Background check : We are processing your background check. We will send you a message if we need more information.
8. Final decision : Your application is in progress. We will send you a message once the final decision has been made.

Regards

Jasmeen

Recommend you post to the PNP section of the forum. We aren't going to be able to tell you about processing times for an economic stream.