Hi all. I am new to this forum. I have a question regarding express entry process. I and my common law partner are going to apply for immigrating and moving to Canada through express entry program. we both are US citizen. We assessed our degrees and got IELTS exam done.
I have gotten a child's custody affidavit from my sister from India; she is divorced and not capable of support the minor child (13 years of age) financially so she will be willing to sign any other affidavit which can help the child to immigrate. Can we include the child in our application as we have been helping him financially with all the expenses? Will CIC consider that child our dependent basis on affidavit of custody and consent from her mother? I would really appreciate your responses. Thank you in advance.
The only way is to legally adopt the child, but even then, you'll have to prove that the adoption was not done for the purposes of immigration. In your case that will be extremely difficult to prove. The child has a mother, and there's nothing stopping you from continuing to support the child. There is no reason to adopt except to get the child Canadian PR.
Legal guardianship will not allow you to bring the child with you to Canada. You would only be able to bring the child with you to Canada as a dependent if he is an orphan (i.e. both parents are deceased).
The only option you really have is to bring the child to Canada temporarily on a study permit. You will have to be prepared to pay tuition of around $15,000 per year for him to attend public school.
