Adopted Child Sponsorship

Overview

The Adopted Child Sponsorship program allows Canadian citizens and permanent residents to sponsor their adopted child to become a permanent resident of Canada. This program is part of Canada's broader family reunification efforts, recognizing the importance of keeping families together. Sponsorship can occur whether the adoption was finalized in Canada or internationally, though the process and requirements differ significantly for each.

How it works

The sponsorship process involves two main applications: an application to sponsor your adopted child and an application for your adopted child to obtain permanent residence. These applications are typically submitted concurrently. The sponsor must demonstrate they meet specific income requirements (though this may be waived for spousal or dependent child sponsorships), commit to financially supporting the adopted child, and ensure all adoption procedures meet Canadian immigration laws. For international adoptions, Canadian immigration authorities will assess if the adoption was completed in accordance with the laws of the country where it took place and Canadian immigration regulations regarding adoptions.

Who it's for

This program is for Canadian citizens and permanent residents who have adopted a child and wish to bring them to Canada to live permanently. It is also for individuals who are in the process of adopting a child internationally and wish for that child to gain permanent residence upon the finalization of the adoption. The program is designed for biological or adoptive parents who have a genuine parent-child relationship with the sponsored child and are able to meet the financial and other obligations of a sponsor.

To be eligible to sponsor an adopted child, both the sponsor and the adopted child must meet specific criteria:

Sponsor Eligibility:

• Canadian Citizen or Permanent Resident: You must be a Canadian citizen or a permanent resident of Canada. If you are a Canadian citizen living outside Canada, you must demonstrate that you plan to reside in Canada when your adopted child becomes a permanent resident.
• Age: You must be at least 18 years old.
• Residency: You must reside in Canada, or if a Canadian citizen living abroad, intend to return to Canada.
• Financial Ability: You must sign an undertaking to provide for the adopted child's basic needs. While there isn't a strict Low Income Cut-Off (LICO) requirement for sponsoring a dependent child, you must demonstrate sufficient financial capacity to meet the undertaking obligations. Employment Insurance (EI) regular benefits and provincial social assistance (other than for disability) generally make a sponsor ineligible.
• No Inadmissibility: You must not be inadmissible to Canada (e.g., due to serious criminal history, previous default on sponsorship undertakings, or being in prison).

Adopted Child Eligibility:

• Genuine Adoption: The adoption must be valid under the laws of the place where it took place and recognized under Canadian law. This involves a thorough assessment by IRCC to ensure the adoption was not primarily for immigration purposes and that a genuine parent-child relationship exists or will exist.
• Dependent Child Definition: The adopted child must meet Canada's definition of a dependent child. Generally, this means they are under 22 years of age and do not have a spouse or common-law partner. Children 22 years or older can be considered dependent if they are unable to financially support themselves due to a mental or physical condition and have been continuously dependent on the parent since before age 22.
• Inadmissibility: The adopted child must not be inadmissible to Canada (e.g., due to medical, criminal, or security reasons).

The required documents vary significantly depending on whether the adoption occurred in Canada or internationally. Below is a general list; always refer to the specific IRCC document checklist for your situation.

For the Sponsor:

• Proof of Canadian citizenship or permanent resident status (e.g., Canadian birth certificate, passport, PR card).
• Proof of relationship to the adopted child (e.g., adoption order, birth certificate if applicable).
• Financial documents (e.g., Notice of Assessment from Canada Revenue Agency, employment letters, pay stubs) to demonstrate ability to meet the undertaking.
• Identity documents (e.g., passport, national identity card).
• Police certificates from any country where you have lived for six months or more since age 18.
• Family Information forms.

For the Adopted Child:

• Certified copy of the adoption order and adoption decree.
• Birth certificate of the adopted child.
• Identity documents (e.g., passport).
• Medical examination results from an IRCC-approved panel physician.
• Police certificates (if applicable, for children over 18).
• Guardianship or custody documents if the adoption process is ongoing or there are unique circumstances.
• Proof of how the adoption was completed according to local laws and Canadian requirements.

The application process for sponsoring an adopted child involves several key steps:

1. Gather Information and Documents: Begin by thoroughly reviewing the IRCC guide for sponsoring a dependent child, paying close attention to the specific requirements for adopted children. Collect all necessary personal documents for both the sponsor and the adopted child, as well as all adoption-related documents.

2. Complete Application Forms: Fill out all required application forms accurately and completely. These typically include forms for the sponsor, the sponsored person, and various declarations and undertakings.

3. Pay Fees: Pay the required government fees online through the IRCC website. Ensure you keep copies of your receipts.

4. Submit Application: Mail the complete application package to the appropriate IRCC Case Processing Centre. For some programs, online submission may be an option; however, family sponsorship often requires physical mail. Double-check the mailing address and ensure all forms are signed and dated.

5. Biometrics: Once your application is received, IRCC will send you a Biometric Instruction Letter (BIL). The adopted child (if applicable) will need to give their biometrics (fingerprints and photo) at a designated service point.

6. Medical Examination: The adopted child will receive instructions for undergoing a mandatory medical examination by an IRCC-approved panel physician.

7. Police Certificates: If required, police certificates must be obtained from any country where the adopted child (if over 18) has lived for six months or more since the age of 18.

8. Decision: IRCC will review the application, documents, and results of checks. If approved, the adopted child will receive confirmation of permanent residence (COPR) and, if overseas, a permanent resident visa.

When sponsoring an adopted child, the application solely focuses on bringing that specific adopted child to Canada. There are generally no provisions to include other family members (e.g., the child's biological siblings who are not also adopted by the sponsor) within the same adopted child sponsorship application. If the adopted child has their own spouse or dependent children, they would generally need to meet the dependent child definition themselves, or be sponsored separately through their own family class application once the adopted child has become a permanent resident.

Upon approval of permanent residence through the Adopted Child Sponsorship program, the adopted child becomes a permanent resident of Canada. As a permanent resident, they have the right to live, study, and work anywhere in Canada without needing a separate work permit. They will have access to most social benefits enjoyed by Canadian citizens, including healthcare coverage.

The Adopted Child Sponsorship program is a direct pathway to Canadian permanent residence. The entire purpose of this program is for an eligible Canadian citizen or permanent resident to sponsor their adopted child to obtain permanent resident status in Canada. Once permanent residence is granted, the adopted child will reside in Canada as a permanent resident and can eventually apply for Canadian citizenship, provided they meet the residency and other eligibility requirements.

• Incomplete Application: Missing forms, documents, or signatures are very common reasons for refusal.
• Inadmissibility: The sponsor or the adopted child may be found inadmissible due to criminality, misrepresentation, or serious health issues.
• Invalid Adoption: The adoption may not be recognized under Canadian law, often due to issues with the legality of the adoption in the country of origin, or if it's determined not to be a genuine adoption.
• Lack of Genuine Parent-Child Relationship: IRCC may refuse if they are not convinced that a genuine parent-child relationship exists or will exist after the adoption.
• Sponsor Ineligibility: The sponsor may not meet eligibility criteria, such as not being a Canadian citizen/PR, being under 18, or having defaulted on a previous sponsorship undertaking.
• Financial Inability (for some cases): While LICO requirements are often waived for dependent child sponsorship, the sponsor must still demonstrate the ability to meet the financial undertaking. If there are serious concerns about the sponsor's ability to support the child, it can lead to refusal.