CIMM – International Adoptions - Dec 2, 2020
[Redacted] appears where sensitive information has been removed in accordance with the principles of the Access to Information Act and the Privacy Act.
Key messages
- The Department processes citizenship and permanent residence applications for adopted children on a priority basis.
- Canada takes the rights of children seriously and is a party to international conventions that protect children’s rights.
- The Department works with provinces and territories to ensure that intercountry adoptions take place in the best interests of the child.
Supplementary messages
- [Redacted] CIMM 5 – case referenced by Mark Holthe (Lawyer, Holthe Immigration Law, As an Individual).
- [Redacted] CIMM 6 – The adoptive parent was called as a witness:
- The Department made the decision that the visa office on the ground (IRCC Accra) was best placed to process the citizenship applications due to integrity concerns regarding adoptions from Nigeria.
- Visa offices in Africa were severely impacted by the pandemic. Officers with expertise in adoption cases were not available to process such cases until the fall.
- Once officers were able to return to their visa offices, the cases were processed on a priority basis and approved within weeks
Visa office concerns
- Applications for adopted children from Nigeria are processed by IRCC Accra. IRCC Accra reports concerns with increasing numbers of intra-family adoptions where there is inadequate proof that the ties between the child and their birth parents has been severed and a parent-child relationship has been established with the adopting parents, as applicants attempt to circumvent Immigration and Refugee Protection Act sponsorship requirements which limit the possibility of sponsoring siblings, nephews or nieces.
- Interviews are often required to resolve these applications which lengthens processing times. Moreover, as Nigeria is not signatory to the Hague Convention, these cases require close examination by officers to ensure the safety of the children and to limit illegal practices such as trafficking and abductions.
Supporting facts and figures
- There are two ways that adoptive parents can obtain status in Canada for adopted children:
- by sponsoring the adopted child through the immigration program; or
- by obtaining Canadian citizenship for the adopted child.
- In 2019, the Department approved 526 applications for status through both programs. In 2018, 658 applications were approved.
- While simple applications can be processed in less than six months, more time can be necessary in complex cases to prevent the abduction, sale of, and trafficking in children.
- Immigration and citizenship legislation supports Canada’s obligations under the Hague Convention. Provincial and territorial laws also give effect to the Hague Convention.
- The Department ensures that intercountry adoptions comply both with the laws of the country where the adoption took place and with Canadian laws.
Background
- In 1996, Canada ratified the Hague Convention of 29 May 1993 on Protection of Children and Co‑operation in Respect of Intercountry Adoption which establishes safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights. The Hague Convention has been implemented by all the provinces and territories. Canada is also Party to the United Nations Convention on the Rights of the Child and the 2002 UNCRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.
- In Canada, adoptions fall under provincial or territorial jurisdiction. Intercountry adoptions are regulated under the laws of both countries of origin and receiving countries.
- All intercountry adoptions have three basic requirements. The adoptive parents must meet the intercountry adoption requirements of their province or territory; the intercountry adoption requirements in the adopted person’s home country; and meet the requirements of the immigration or citizenship process in order to obtain status in Canada for the adopted person.
Processing during COVID
- Given the challenges presented by measures in Canada and around the world to contain Covid-19 from spreading, processing times for most new and existing clients as well as inventories across all permanent resident lines of business (including family class) have been impacted as they increased in recent months due to internal and external factors.
- In terms of external factors beyond the Department’s control, facilitation measures have been implemented to extend submission deadlines for clients who face delays due to Covid-19 restrictions, however this will inevitably further extend processing times. Additionally, processing timelines are lengthening as many third party service providers, such as Service Canada and visa applications centres in many countries are currently working with limited capacity to provide services to clients and IRCC throughout the immigration process.
- Although operational capacity in Canada and at overseas offices has been significantly reduced, the Department continues to accept new permanent resident applications. It is also working to increase its processing capacity by equipping employees with laptops to be able to process remotely and make strides in transforming paper applications to digital where possible to facilitate remote work.
- The Department has also implemented an initiative to be able to proceed with in-Canada permanent resident admissions remotely. Operational capacity will continue to be gradually increased as some restrictions affecting processing staff and office space are being lifted or adjust to new initiatives.
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