Biiiiink

Andrew, ExBrit, you've misread my post. I'm aware everyone needs a medical, I asked if the requirement for sponsored dependent children to *pass* a medical was also waived (as it is for spouses)?

If a pass is not required, is that also the case for adoptive children being sponsored - has anything changed since I read about that particular case a few years ago?

JAJ

If it's a Canadian citizen sponsoring an adopted child, then a health waiver would normally be available. As Andrew says, maybe not for contagious conditions.

In fact, there may well be a way for Canadian citizens permanently resident overseas who (legitimately) adopt children under local law to apply for them to have Canadian citizenship.

Jeremy

andy_sheila

[QUOTE=Andrew Miller]I'm not wrong. Please read section 6.2 in Overseas Processing chapter of Immigration Manual here:

http://www.cic.gc.ca/manuals-guides/...h/op/op06e.pdf

It clearly states the following:

--------------
The principal applicant and all the persons described above must be determined to be admissible, even if they have no intention of accompanying the principal applicant, in order for visas to be
issued to the principal applicant and any accompanying family members.
--------------

"person described above" includes all dependent children.

The law requires all dependants, accompanying or not to undergo medicals. But some visa posts (the usual suspect is as always CHC London) have somehow semi-official and flexible policy allowing for notarized declaration (or sworn declaration) of relinquishing the right to sponsor dependant and have request for medicals waived. But it is an exception from the rule, not the rule - and those who don't apply through London should be aware that other visa posts may not be as "generous" as CHC London is. This sworn declaration was quite normal practice under the old law, but it is not a standard anymore under current law.


Andrew, this was taken from your link.

Section 6.2—Family members of skilled workers:
Clarifications have been made in keeping with procedures outlined in OP 2, Processing members
of the family class:
• age of accompanying dependent children is locked in on date of application, but dependence
is not. At the time of application, children over the age of 22 who are deemed dependent due
to full-time study or mental/physical condition must still meet these requirements at the time of
visa issuance;
• advice to the applicant that non-accompanying children in the legal custody of the spouse, exspouse
or common-law partner should be examined if the applicant wants to sponsor them in
the future, otherwise they will be excluded from the family class.

If everyone has to undergo a medical, the word "otherwise" would not be there. Otherwise means there is another option/choice/alternative.
In addition, your quote above mentions admissability but no mention of a medical specifically

JAJ

The deal is that a non-accompanying dependent who does not do medicals *cannot* ever be sponsored as part of the Family Class in future.

As far as I know it doesn't prevent them claiming the 5 points for relative in Canada should they later apply as skilled workers.

The other potential work-around is a ministerial waiver under section 25 of IRPA. This would only be granted in the most exceptional circumstances. For example, if you have migrated to Canada and your ex-spouse refuses permission for your children to do medicals, then kids can never be included as part of the family class.

However if a few years later your ex has died or become incapacitated and you're the most obvious custodian of the children, then there would be a basis to at least try for a ministerial waiver.

Jeremy

Andrew Miller

It applies to dependent children of applicant or his/her spouse or common-law partner if such children are not in their custody, if they are in full custody of the other parent who is not part of application.

Admissibility applies to all 3 factors - medical, criminal and security.

andy_sheila

My son is still my dependant, the fact that he lives with his mother and not me does not admonish me from responsibility (just ask the CSA)

JAJ

I didn't think Andrew was suggesting otherwise.




Jeremy

Biiiiink

I've searched but can't find details of the case I read about. She was definitely refused on medical grounds, for a congenital defect. I was interested to know if biological children were exempt from "passing", as I took it from this girl's refusal that adoptive children were not.

There is (was?). I was the first in the UK to get citizenship this way with my brother 2mins later! They made a huge fuss of us.

So do citizens residing in Canada who adopt overseas have to sponsor their children then? Or are these children also eligible for citizenship providing the various conditions are met?

JAJ

With respect, it's very difficult to draw meaningful conclusions unless the full facts of the case are available.

There is no information on the CIC website about what the policy is for Canadians living overseas (eg in the UK) who adopt children under local law.

In the Canada Citizenship Act it seems that:
- there is no provision for automatic citizenship by adoption, in other words where a non-Canadian child is adopted by Canadian parents, an application for grant of citizenship must always be made
- the Minister has a wide scope to waive most of the requirements for citizenship, although the requirement to be a PR is not waivable.

So it seems that if a Canadian citizen in the UK adopts a child, the child needs to be sponsored for a PR visa, and 'land' in Canada (although no need to settle) and then an application for the child to be granted citizenship can be made. Whether it will be granted is another question, but usually adopted children are seen on a par with natural children.

In the reverse situation, if a British couple in Canada adopt a child under Canadian law, they can apply for the child to be registered as a British citizen under s3(1) of the British Nationality Act. Application *must* be made before age 18, and here's the problem - because there's generally *no* information on UK websites about the process, other than deep in the Home Office Nationality Instructions, a lot of people miss the deadline through ignorance or misinformation.

The same goes for Canada - just because it isn't explained on the CIC website doesn't automatically mean it's not possible, if it's an 'off the beaten track' area of law/policy. Which overseas adoption certainly is.


Jeremy

Azam Ali

Hi

I have a Canadian friend you has just got the Canadian Citizenship for his children including his adopted son.

He is Pakistani and become Canadian Citizen more then 10 years ago and left Canada for work in Singapore, he married a Pakistani lady and adopted his brother's son from Pakistan. Legal adoption done in Singapore according to Singapore laws about 10 years ago.

Somehow he does not know that children were Canadian due to his citizenship until i discovered during my my homework for my application and alerted him.

He approached CHC Singapore and now all of his children got their Canadian Passport including adopted one as well without going through sponsorship and PR application process.


Cheers.