Adoption

[Jabo97]

In 2009, my sister and I were adopted to come to Canada from the Philippines. After grade 9, in August, my sister went on vacation to the Philippines with my adoptive father. But my adoptive mother told me my sister didn’t want to come back to Canada but when I got a hold of my sister, she told me that she woke up and he was gone, left her a letter stating that She doesn’t want her back because she’s stubborn or whatever. So they abandoned her in another country and they have her paperwork and now it’s difficult because she wants to come home but has been out of Canada for too long . As we have tried to legally get her back but she no longer eligible to return because of lack of information which her adoptive parents possess or have destroyed. Is it against the law for them to have abandoned there adoptive child in another country and if so is there legal action I can take? Thanks for any help.

 

[scylla]

In 2009, my sister and I were adopted to come to Canada from the Philippines. After grade 9, in August, my sister went on vacation to the Philippines with my adoptive father. But my adoptive mother told me my sister didn’t want to come back to Canada but when I got a hold of my sister, she told me that she woke up and he was gone, left her a letter stating that She doesn’t want her back because she’s stubborn or whatever. So they abandoned her in another country and they have her paperwork and now it’s difficult because she wants to come home but has been out of Canada for too long . As we have tried to legally get her back but she no longer eligible to return because of lack of information which her adoptive parents possess or have destroyed. Is it against the law for them to have abandoned there adoptive child in another country and if so is there legal action I can take? Thanks for any help.

When did she leave Canada? How old is she now?

 

[Jabo97]

When did she leave Canada? How old is she now?

She was 15, summer of 2011
. She’s now 22

 

[scylla]

She was 15, summer of 2011
. She’s now 22

I'm assuming she obtained PR status back in 2009.

Has she tried applying for a PR Travel Document to return to Canada under H&C (using the reason that she was removed from Canada as a minor)? If not, that's certainly worth trying and she should do so asap. She's a bit on the old side and may be denied - but worth a try.

 

[Jabo97]

Yeah we tried that last year, but she was denied however we did not use the reason that she was removed from Canada as a minor. Now she’s ineligible to come through permanent resident travel document.

 

[scylla]

Yeah we tried that last year, but she was denied however we did not use the reason that she was removed from Canada as a minor. Now she’s ineligible to come through permanent resident travel document.

Did she appeal that decision?

If not - then unfortunately her PR status is gone. In that case if she wants to return to Canada to live here permanently she will have to qualify and apply for PR independently through an economic stream like Express Entry / Federal Skilled Worker.

 

[Wakki]

Understand permanent resident status

Apply for a PRTD