Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Can I sponsor my adoptive parents?
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Iansays Posts: 1
Posted On: 11/13/2020
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I am an orphan who was adopted by my aunt in Cambodia when my parents passed away. She pretty much raised me as her own child for 7 years before my uncle who lives in Canada sponsored me in 2005. I was wondering if it is possible to sponsor my aunt and her husband as my parents or adoptive parents. if so, is it the same process as sponsoring parents? Thank you.
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PMM Posts: 661
Posted On: 11/16/2020
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Hi
Iansays wrote:
I am an orphan who was adopted by my aunt in Cambodia when my parents passed away. She pretty much raised me as her own child for 7 years before my uncle who lives in Canada sponsored me in 2005. I was wondering if it is possible to sponsor my aunt and her husband as my parents or adoptive parents. if so, is it the same process as sponsoring parents? Thank you.
1. It depends on how your uncle sponsored you to Canada. If he sponsored you as an orphan under the age of 18, then you can't sponsor your "adoptive parents".
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Moderator Moderator Posts: 4139
Posted On: 11/30/2020
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Hello,
Thank you for sharing your question with us. Canadian citizens and permanent residents can sponsor their adoptive parents if the citizen or permanent resident is at least 18 years old, lives in Canada, and has enough money to support the persons they are sponsoring. The process is generally the same as sponsoring biological parents.
For the sponsorship application to be successful, the adoption that created the parent-child relationship must be a legal adoption. Subsection 3(2) of the Immigration and Refugee Protection Regulations reads as follows:
Interpretation — adoption
(2) For the purposes of these Regulations, adoption, for greater certainty, means an adoption that creates a legal parent-child relationship and severs the pre-existing legal parent-child relationship.
Applicants wishing to sponsor their adoptive parents must show that the adoption was legally valid. They can do so by providing proof of their relationship to the persons they wish to sponsor, as required by the Application to Sponsor Parents and Grandparents.
In your particular situation, whether you will be able to sponsor your aunt and her husband as adoptive parents depends on whether your aunt and her husband legally adopted you. The IRCC may determine the legal status of the adoption by considering factors such as adoption-related laws and documents in Cambodia. We strongly recommend that you seek legal help from a lawyer familiar with Canadian immigration to find more information about your individual case, especially before you start an application.
Under what is sometimes known as the “Lonely Canadian Program”, Canadian citizens and permanent residents can sponsor one extended family member, such as an aunt or an uncle, if the citizen or permanent resident does not have other family members who are citizens or permanent residents of Canada. However, based on your question, it appears that you have an uncle, related by blood, who is a Canadian citizen or permanent resident. If that is the case, you would not be able to sponsor your aunt under this program.
We hope that the information we provided was helpful to you. Please let us know if you have any further questions.
Sincerely,
Your Settlement.Org team
Disclaimer:
This document does not contain legal advice. This document was prepared with the assistance of PBSC University of Toronto law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult
with a lawyer.
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