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forumSection: Immigration to Canada, subForumSection: Family Class Sponsorship
Thanks a lot for such detailed reply. Really appreciate it!!!
I was told that legal adoption deed was registered when my father married my step mother but I am unable to find specific documents. I do have a notorized affidavit in hand which is how I am able to confirm of the adoption deed but not sure if this is valid. How can I check what documents would be needed in support of the adoption? Is there any cic email that I could reach out to?
Also, I have filled my application and waiting for COPR - should I be making any amendments in my application? (In application - in other family members I had mentioned my biological mother and father as mother and father and step mother as step mother)
Thanks once again for everyone's replies and helping me out here! Really really appreciate it!
It will be at least three years after you arrived in Canada before it will potentially be possible to sponsor your step-mother for PR. To qualify to sponsor a parent for PR, you must first work in Canada for three years and earn the minimum income required.
Once you move to Canada, hire a good lawyer here to review your paperwork to determine if you were in fact legally adopted and have the right paperwork to prove it (the adoption also must have happened while you were still a minor).
You need to be speaking to an Indian lawyer and the Indian government about proof that your stepmother formally adopted you. A noatrized affidavit is unlikely to be sufficient. You need concrete proof. Government documents where she is listed as your mother will also be helpful. If you have not even received PR you need to realize that your stepmother can not move to Canada with you. Even if you are able to sponsor your stepmother you can only attempt to do so after 3 years of a certain income and there is a huge competition for spots and no guarantees. If you apply to immigrate you need to be prepared for your stepmother to remain behind. If that is not an option, you may want to rethink immigration.
Wanted to clarify that government documents listing your stepmother as your mother from when you were a minor may be used as supplementary evidence with proof of adoption records.
- Thanks everyone for reply. From my limited understanding and going through a few other threads, I see there is a possibility of sponsoring her PR on "Humanitarian and Compassionate grounds". Can you please clarify if this is true and if yes, what is the process and requirements for applying her PR on H&C grounds? Thanks!
- Again, I am desperately trying to find ways to keep her together and unite after going to Canada as soon as possible. I understand the concern of Parents PR sponsorship taking at-least 3 years but would I be able to get her super visa in the mean time?
- If applying for her PR in "Humanitarian and Compassionate grounds" what would be the route for her? a regular visitor visa or super visa and bring her in Canada and then apply?
Thanks once again for helping me out. I am planning to consult a lawyer for Canada immigration but finding it difficult to find a genuine good lawyer in India and thus heavily relying on this forum for the information. Thanks!!!
- Thanks everyone for reply. From my limited understanding and going through a few other threads, I see there is a possibility of sponsoring her PR on "Humanitarian and Compassionate grounds". Can you please clarify if this is true and if yes, what is the process and requirements for applying her PR on H&C grounds? Thanks!
- Again, I am desperately trying to find ways to keep her together and unite after going to Canada as soon as possible. I understand the concern of Parents PR sponsorship taking at-least 3 years but would I be able to get her super visa in the mean time?
- If applying for her PR in "Humanitarian and Compassionate grounds" what would be the route for her? a regular visitor visa or super visa and bring her in Canada and then apply?
Thanks once again for helping me out. I am planning to consult a lawyer for Canada immigration but finding it difficult to find a genuine good lawyer in India and thus heavily relying on this forum for the information. Thanks!!!
- An H&C application is possible. It's not a sponsorship application. Your step mother would apply one her own stating the H&C reasons. To submit an H&C application, your step mother must be physically in Canada. She cannot submit an H&C application from outside of Canada. So she will need to start by obtaining a TRV and coming to Canada. Of course the outcome of the H&C application will be unknown and the H&C stream does see significant levels of refusals.
- The super visa is reserved for parents. So your step mother would have needed to have legally adopted you when you were a minor in a manner that is recognized by IRCC in order for this to be possible. You can certainly try. For the super visa to be possible, you must be in working in Canada in a job that meets the minimum income requirements.
- Either a TRV or a super visa (if she actually qualifies for this). She needs to be in Canada to apply under H&C.
Good luck.
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