Family Sponsorship Immigration for Adopted Children

Canadian citizens or permanent residents who meet specific criteria have the opportunity to sponsor their adopted children to attain permanent residency in Canada. The process involves two distinct phases: the adoption process and the immigration process.

Immigration Process Overview

  1. Application for Sponsorship: Sponsors initiate the process by submitting a sponsorship application.
  2. Application for Permanent Residence for the Child: Upon approval of sponsorship, sponsors proceed with the application for permanent residency for the adopted child.

Upon the child’s arrival in Canada as a permanent resident, sponsors may further apply for citizenship on behalf of the child. It’s essential to note that the adoption must be finalized before citizenship can be granted.

Requirements to Sponsor an Adopted Child

Sponsors seeking to sponsor a child from another country for adoption must:

  • Be a Canadian citizen or a permanent resident (if residing outside Canada, sponsors must intend to reside in Canada when the adopted child becomes a permanent resident).
  • Reside in Canada.
  • Be at least 18 years old.

Requirements for Permanent Resident Status

For an adopted child to qualify for permanent resident status, the sponsor must meet one of the following conditions:

  • Be a Canadian citizen applying on behalf of an adopted child under 18 years of age.
  • Be an adopted person aged 18 or older, adopted by a Canadian citizen.
  • Be a legal guardian applying for a child under 18 years of age, with at least one Canadian parent at the time of adoption.
  • Be a non-Canadian adoptive parent applying for a child under 18, with the other parent being a Canadian citizen at the time of adoption.

Requirements for Intercountry Adoption

Intercountry adoptions are subject to specific regulations, depending on the child’s home country. However, certain general requirements apply:

  • The adoption must be legally recognized in both the child’s home country and the province or territory where the sponsor resides.
  • It must terminate the legal relationship between the child and their biological parents.
  • Establish a genuine parent-child relationship between the sponsor and the child.
  • Serve the best interests of the child.
  • Not primarily aim to secure permanent resident status for the child in Canada.

Adoption Types Recognized for Immigration Purposes

Intercountry adoptions for children under 18 can be completed either outside or within Canada. Regardless of the location, these adoptions must adhere to specific criteria:

  • Legal recognition in the child’s home country and the sponsor’s province or territory.
  • Termination of the legal relationship between the child and biological parents.
  • Establishment of a genuine parent-child bond.
  • Serving the child’s best interests.
  • Absence of motives primarily aimed at securing the child’s permanent residency in Canada.

Children adopted outside Canada may be sponsored for immigration to Canada provided that informed consent is obtained from both biological parents (if living), the adoption is legally recognized outside Canada, and Hague Convention requirements, if applicable, are met.

By adhering to these guidelines, sponsors can navigate the complex process of sponsoring adopted children for immigration to Canada with clarity and confidence.