Immigrating to Canada through Adoption: Requirements, Costs, Procedures, and Waiting Time

Canada is known for being a friendly and open country when it comes to immigration. In addition to sponsoring biological children and stepchildren, sponsoring adopted children to Canada also attracts considerable interest.

Questions such as how long it takes to immigrate to Canada via adoption, the procedures and paperwork involved, and the associated fees are frequently searched on the internet.

In the following article, ImmiPath will address all these questions and more. See it now!

1. Conditions for Sponsoring an Adopted Child to Immigrate to Canada

To be eligible to sponsor an adopted child for immigration to Canada, the following conditions must be met:

• The sponsor and the sponsored child must prove their relationship, whether the child is biological or adopted.
• If the adoption is nearing completion, the sponsor can apply for sponsorship until the adoption is finalized.
• The Canadian citizen or permanent resident sponsor and the child must be approved by Immigration, Refugees and Citizenship Canada (IRCC) for a visa.
• The adopted child can be adopted either within or outside of Canada.
• The sponsor must demonstrate the ability to care for the adopted child by providing evidence of the ability to provide food, housing, clothing, and medical care.
• The sponsor must have been a permanent resident for at least 5 years prior.
• The sponsored child must be at least 16 years old.
• The sponsor’s criminal record must be clean, particularly with no violent crimes such as sexual offenses.
• To ensure the child eventually becomes a permanent resident in Canada, the sponsor must reside full-time in Canada.
• The sponsor must sign a binding agreement to provide the necessary support and care for the child for 10 years or until the child turns 25, whichever comes first.

2. Process for Applying for Canadian Immigration as an Adopted Child

To apply for sponsorship of an adopted child to Canada, you must follow these steps:

• Complete the application form and submit it to the IRCC office.
• Provide evidence of dependency or adoption.
• Submit police certificates and criminal records.
• Provide medical certificates for both the sponsor and the child.
• Provide income reports to demonstrate the sponsor’s ability to financially support the child.
• Include fingerprints and photos of the sponsor and the adopted child.
• Provide the birth certificate of children under 18.
• If any of the documents are not in English or French, translations will be required.
• Certify copies of the documents.
• Receive the application and note the date.
• Pay the processing fee.
• Submit your application.
• Notify the visa office as soon as possible of any changes in address, phone number, or other contact details.

3. Procedures for Adopting and Immigrating to Canada

The process of adopting a child for immigration to Canada must be conducted according to the adoption laws of the child’s country of origin. To adopt a child under 18 years old, the prospective adoptive parents must follow these steps:

• Be processed outside Canada
• Or be conducted in Canada (depending on the adoption laws of the child’s country of origin)

 The following steps must be done:

• The child must be legally adopted in their country of origin.
• Legal termination of the biological parents’ rights must be completed.
• Informed consent must be obtained from the biological parents.
• The parent-child relationship between the sponsor and the adopted child must be established in the best interest of the child.
• All legal requirements of the province where the sponsor resides must be met.
• The adopted child must undergo a health examination before arriving in Canada.

On the other hand, the adoption process for U.S. immigration requires meeting specific conditions between the adopted child and the adoptive parents.

All adoption procedures must be authorized by the Vietnamese government and must meet certain prerequisites:

• Notification and Introduction: If you are a foreigner wishing to adopt from Vietnam, you must notify Vietnamese authorities to receive information about adoption agencies and procedures according to the law.
• Submission of Documents: To complete the adoption process in Vietnam, the application must be submitted to the Adoption Department, which will then forward it to the relevant provincial authorities and to the Canadian Ministry of Foreign Affairs to review if the application qualifies for sponsorship to Canada.
• Special Needs Children: For children with special needs, the case is processed directly by the Adoption Department. The introduction of the child is handled by the provincial Justice Departments, and the case must be approved by the Provincial People’s Committee and also reviewed by the Canadian Ministry of Foreign Affairs.
• Response to Referral: The family or foreigner adopting must respond to the referral proposal within one month and can only refuse if the child introduced does not meet the criteria outlined in the adoption application. They may apply for adoption again in the future.
• Proof of Capability: If permitted to adopt by the Vietnamese government and to bring the child to Canada, the foreign adopter must prove they have sufficient time to care for the child, and have financial means to support and care for the child under the best conditions.
• Tax and Employment Requirements: During the process of opening an adoption sponsorship file for Canada, the adopter must be employed, file taxes correctly with the government, deduct a portion of their salary indicating they are supporting an adopted child in Vietnam, and provide child support and name the adopted child in all relevant circumstances to prove they are providing for and supporting the adopted child.

See more: Top 9 Signs of Immigration Consultant Fraud and How to Choose a Reliable Service.

4. Some Frequently Asked Questions about Adopting a Child for Immigration to Canada

4.1. Are there any restrictions on the countries from which children can be adopted?

Yes. Some countries do not allow international adoptions. This means that Canadian citizens or permanent residents cannot legally adopt children from these countries.

4.2. Do children need a passport to move to Canada?

Yes, adopted children must have a passport or travel document. Once the child is granted citizenship, you must apply for:

• A Canadian passport through the Canadian embassy, high commission, or consulate outside Canada.
• A visa to support the application from the Canadian visa office if the child is coming to Canada with a passport from their country of origin.

4.3. Are there support networks available for those considering adoption?

Yes, there are special adoption support groups at both the national and provincial levels. These organizations raise community awareness about adoption and promote child placement.

They provide support and information to adoptive parents and help them connect with provincial or central adoption agencies in their territory.

4.4. What is the process for obtaining Canadian citizenship for an adopted child?

Once the adopted child has obtained permanent residency in Canada, the citizenship process can begin.

The child’s parents can apply for Canadian citizenship on behalf of the child, or once the child turns 18, they can apply on their own. This process is known as naturalization.

4.5. Are the fees for adopted children the same whether pursuing permanent residency or Canadian citizenship?

Unfortunately, no. The fees for these immigration processes are quite different. It’s important to note that the Immigration and Refugee Protection Act and the Citizenship Act have different fee structures depending on the applicant’s age. Specifically:

• For permanent residency, there are sponsorship and processing fees that are significantly different from those for citizenship.
• Processing fees for adopted children over 19 years old are higher. Additionally, there is a separate processing fee for Canadian citizenship.

4.6. Once my adopted child receives Canadian citizenship, can they legally obtain a Canadian passport?

As a Canadian citizen, your adopted child is eligible to obtain a Canadian passport. To request and receive a Canadian passport, they must have a citizenship certificate.

However, if you have not yet received the citizenship certificate, you can still apply for a Canadian passport without it.

Once approved, CIC will send the confirmation of your child’s citizenship to a Canadian office outside Canada to issue the appropriate passport.

4.7. How long does it take for my adopted child to receive a Canadian passport?

The processing time for a Canadian passport varies depending on where you apply. If you apply for a Canadian passport from within Canada, it may take 10 to 20 business days. 

This does not include mailing time; it is calculated from the date the application is received. If you apply for a Canadian passport from the United States, it may take up to 20 business days. 

Similarly, if you apply from outside Canada and the United States, it may also take up to 20 business days.

4.8. What can I do if my adopted child’s application is denied?

If the permanent residency application is denied: You can appeal the decision to the Immigration Appeal Division of the Immigration and Refugee Board.

If the citizenship application is denied: You can request a judicial review of the decision by applying to the Federal Court of Canada.

5. So How Can You Expedite the Sponsorship Process for Canadian Immigration under the Adoption Category?

The most important step in sponsoring a child for immigration to Canada is preparing the documentation. If any required documents are missing or if the evidence provided is not convincing, your application may be returned, and the reunification process will be delayed.

To ensure a smooth documentation process, make full payments of the required fees, and have a successful interview with the consular officer, it is recommended to seek the services of a reputable and high-quality Canadian immigration consulting service.

If you have any questions about sponsoring an adopted child for immigration to Canada, please comment below. The advisory team at ImmiPath will assist and provide advice with all the experience and dedication, helping you and your adopted child reunite swiftly in the Maple Leaf country.