Sponsoring a dependent child born abroad is an emotional and a tedious legal procedure. A lot of Canadian citizens and permanent residents have a desire to take their children along to Canada and grow up with them in Canada where there is a serene and friendly atmosphere.
It is vital to have an explanation of the sponsorship procedure as this will allow your application process to be smooth and clear of any unwarranted staving.
This article consists of explaining the most important steps, eligibility requirements, documents, and useful tips connected with the process of sponsoring a dependent child who was born outside of Canada.
Understanding Sponsorship Eligibility
The very initial action that should be undertaken in sponsoring a dependent child is to know who can be considered a sponsor under the Canadian immigration law.
Generally speaking, a sponsor has to be an adult aged 18 years and above or a Canadian citizen or a permanent resident and capable of financially supporting the child.
They are also required to ensure that they receive sponsors who will take care of the basic needs of the child during the time stipulated by the Canadian immigration laws which is normally ten years or when the child is up to 22 years old, whichever happens sooner.
One should also ensure that the child is a dependent. Canada classifies a child as being a dependent that must be less than 22 years in age and must not have married or engaged in a common legal relationship.
In case the child is aged 22 or more, then they can be a dependent provided that they have been dependent between the sponsor and he or she since their young age of 22 years and that they cannot support themselves because of some physical or mental condition. Cross checking these requirements would prevent inconveniences later.
Preparing and Collecting Documents
One of the most vital components of the sponsorship exercise involves the collection of the right documentation.
In order to provide evidence of the relationship between the child and you, you may have to; include the birth certificate of the child (identifying you as one of the parents), adoption documents in the case of adoption and custody and guardianship documents in case the other parent cannot be accompanying the child to Canada.
In case the documents are not in either English or French, they shall be translated to the English language and then certified as per the requirements of immigration.
Other documents normally required are identity documents, immigration documents, financial documents that demonstrate that one is able to take care of the child and police clearance certificates to the sponsor in case they are required.
Obtaining such documents as early as possible and having them in fine order minimizes the chances of disappointments and rejections on behalf of the immigration authorities.
Completing the Application Forms
Sponsorship of a dependent child who is born outside Canada comes in three steps that include; a completion of the sponsorship application form, permanent residence application form of the child and a lot of other forms. These forms require detailed personal, family, and financial information.
Since they cannot be filed correctly without attention to detail and they may lead to rejected applications or even accusations of misrepresentation, it is important to fill them out carefully.
Most of the families prefer hiring a Toronto immigration lawyer or a professional expert to look at the forms before they are submitted.
You should have your application reviewed by an immigration lawyer so that possible issues are discovered, clarify any questions pertaining to eligibility, and to have all the necessary documents attached.
The Role of Biometrics and Medical Exams
During the process, the child under sponsorship shall also have to complete biometrics which will involve fingerprinting and a photograph. This is a security check that is aimed at identifying the individual and examining whether there is a criminal background.
The child should also be medically tested by a qualified panel physician to make sure that he/she cannot be a health hazard to Canadian society.
All that is part and parcel of the application process and can be easily executed. Nonetheless, they should be arranged earlier after you have been issued with instructions by the immigration authorities because in case they are not done on time the processing of your application will be hampered.
The Financial Commitment of Sponsorship
The sponsors should prove that they will be able to sponsor their dependent child after he/she gets to Canada.
This implies giving consent to an undertaking where the basic needs of a child are met including food, clothing, shelter and health care not covered by the government health insurance.
This completed effort takes a period depending on the request, but among dependent children this taken period is ten years or getting to be 22 years old.
The sponsor also has to show that: he/she has not been receiving social assistance due to other reasons than disability and has not defaulted on the past sponsored commitments.
Canadian immigration authorities take such financial obligations seriously and non-compliance to the same may even have an impact on future sponsorships.
Handling Special Situations
In other cases the other parent of the child might still be legally vested with the custody of the children or be otherwise integrated into the life of the child.
Where it is so, then the sponsor has to be shown to have the legal capacity to carry the child to Canada. This is usually where there are orders at the court or signed consent of the other parent. Without these documents, the application could be refused.
The other exceptional case is when he or she was adopted in another nation besides Canada.
In these instances, the procedure is different and could involve other forms and more background checks depending on whether the adoption will fit the Canadian standards or not.
Turning to an immigration lawyer, you will be able to survive in these more complicated situations.
Processing Times and What to Expect
A dependent child born out of the country may need several months to one and more years to sponsor depending on the country where the child resides based on the complexity of the proceeding and correct submission of all documents.
He or she has to be normally out-of-Canada, but in order to be present in Canada temporarily, he or she must possess another valid visa or status.
At this stage, immigration officials can require further documents, offer an interview, or make a background check.
There should not be any delay in reacting to any requests and giving complete and accurate information.
After the Child Arrives in Canada
When the application is accepted, the child will be granted permanent resident status and he/she will be able to fly to Canada and be in that country with the sponsor.
This is when the sponsor’s financial commitment starts and the sponsor is made to take care of the child and his welfare.
The child will also be subjected to the same rights and responsibilities like any other permanent citizen of Canada as well as being entitled to education and health care.
The child can also be a candidate of applying to be a Canadian citizen after residing in Canada after a stipulated period given in most cases, three years out of the given five years.
This may also be a significant step where they will be entitled to be a full Canadian citizen with all the rights to vote and acquire a Canadian passport.
Regardless of whether you are starting your application or are having some difficulties in this manner, the help of a Toronto immigration lawyer, or any other immigration lawyer with experience in this field, would assist you in better comprehending your possibilities and increasing the probability of your success.
The decision of taking your child to Canada is one of your life-altering choices and when prepared diligently, it can be a positive experience to you and your family as well.
