Need urgent Help - for my Daughter

[Jyoti_S]

Hi,
Need urgent help for my daughter.
I am permanent resident of Canada and was the primary applicant. I have a kid of 5yrs.

We got the PR in Dec 2015 and after that my in laws and husband did not allow us to move Canada, saying its winter not good for kids, and my husband wants to get job in Canada first(where already he was working in some other country that time). In the mean time I took admission in a study / course in Canada.

In Nov 2016, he got the Job in Canada and the has taken away our PR card with kid's passport saying that he wants to keep it with his parents and he will take us also once settle there in 2-3 months and he moved to Canada.
After that when I checked that when can we also move. He has shown no interest of taking us. I asked my in laws also to give back passport & PR cards, they denied. So i could not take my examination for the study / course I took admission.
Now he has our PR Cards and my daughter's passport, so we could not come there and the days are passing for residency obligations. Even we are not provided his address in Canada. He comes to India and do not meet me and my daughter.

Now he is mentioning that he will give PR Card and my kid's passport, but first I need to sign divorce. I know its his trick to pass RO days , so that we can not complete 765 days obligation. he raised this point now when 2 years are already passed after we got the PR status. If I stuck in divorce case, the remaining time would be passed.
He mentioned that without his consent letter, my daughter cant move to Canada, being one of the Parent.
Now I have to go as my exams are again due in May'18.
Till now I had hope that things will be fine, but when he mentioned his intentions, I lost my all hopes.

My just worry is -
1. do we have any rights of being permanent resident, if husband stops you to come to Canada, after having PR and primary applicant.
2. If husband is in Canada for last more than one year, and taking the advantage of being father to provide consent for kid to move to Canada and confiscated kid's passport & PR cards. Can govt of Canada has any rule which support Child & Mother by ordering him to bring kid to Canada.
3. What would a mother do, when she could not come to Canada as PR cards was confiscated by husband / in laws and could not take exams. Its my 3rd year and I have to take exams this year, else all admission money would be wasted.
As me and my daughter are Permanent Resident. Can Govt of Canada support in any way, by which my husband can bring my daughter, as he knows that without his consent letter , kid can not come and without my kid of 6yrs, as she is too small, who is already without father and now mother will also leave. I cant live without her.

Please suggest.

Regards..

 

[DEEPCUR]

I'm very sorry that you have to go through all of this.

You and your daughter can apply something called PRTD at your local embassy and travel using that. It is an alternative for PR card. You won't have any problems as you have your passport in possession.

You can apply new passport for your daughter with a reason that old passport is lost. But you need to double check if your husband's help is needed here as they mandate both parent's consent for minors. But passport website doesn't say anything specifically on requiring both parent consent. Explore this option and see if this is possible.

But I'm fairly certain that his letter is not needed for your kid to travel. Letter is needed only if both parents are not accompanying minors. Your only challenge now is your daughter's passport.

Canadian govt can't be of much help here because this is not happening in Canada. He is playing well within laws. You could make his life tougher if you want by filing dowry and harassment case. If you file a case, it would affect his citizenship prospects as the case would show up in police clearance.

@legalfalcon is there any way out here for this person's daughter to travel to Canada?

 

[canuck_in_uk]

Hi,
Need urgent help for my daughter.
I am permanent resident of Canada and was the primary applicant. I have a kid of 5yrs.

We got the PR in Dec 2015 and after that my in laws and husband did not allow us to move Canada, saying its winter not good for kids, and my husband wants to get job in Canada first(where already he was working in some other country that time). In the mean time I took admission in a study / course in Canada.

In Nov 2016, he got the Job in Canada and the has taken away our PR card with kid's passport saying that he wants to keep it with his parents and he will take us also once settle there in 2-3 months and he moved to Canada.
After that when I checked that when can we also move. He has shown no interest of taking us. I asked my in laws also to give back passport & PR cards, they denied. So i could not take my examination for the study / course I took admission.
Now he has our PR Cards and my daughter's passport, so we could not come there and the days are passing for residency obligations. Even we are not provided his address in Canada. He comes to India and do not meet me and my daughter.

Now he is mentioning that he will give PR Card and my kid's passport, but first I need to sign divorce. I know its his trick to pass RO days , so that we can not complete 765 days obligation. he raised this point now when 2 years are already passed after we got the PR status. If I stuck in divorce case, the remaining time would be passed.
He mentioned that without his consent letter, my daughter cant move to Canada, being one of the Parent.
Now I have to go as my exams are again due in May'18.
Till now I had hope that things will be fine, but when he mentioned his intentions, I lost my all hopes.

My just worry is -
1. do we have any rights of being permanent resident, if husband stops you to come to Canada, after having PR and primary applicant.
2. If husband is in Canada for last more than one year, and taking the advantage of being father to provide consent for kid to move to Canada and confiscated kid's passport & PR cards. Can govt of Canada has any rule which support Child & Mother by ordering him to bring kid to Canada.
3. What would a mother do, when she could not come to Canada as PR cards was confiscated by husband / in laws and could not take exams. Its my 3rd year and I have to take exams this year, else all admission money would be wasted.
As me and my daughter are Permanent Resident. Can Govt of Canada support in any way, by which my husband can bring my daughter, as he knows that without his consent letter , kid can not come and without my kid of 6yrs, as she is too small, who is already without father and now mother will also leave. I cant live without her.

Please suggest.

Regards..

1. You have all the rights of a PR. Your husband cannot stop you from coming to Canada.

2. As the father is already in Canada, you do not need a consent letter to bring your child here.

3. Apply for a PRTD.

 

[Jyoti_S]

Thanks so much for reply:

You and your daughter can apply something called PRTD - I cant apply for my daughter as I dont have her passport. I applied for my PRTD and went Canada in Jan, tried to meet him, if he can agree to talk, but he refused. I am not really sure if I would get the PRTD again. Talking / meeting him is important as he stopped the process of her duplicate passport as well.

You can apply new passport for your daughter with a reason that old passport is lost- I applied for new passport saying the old one is lost, not really sure how did he come to know, and he wrote a letter & said he has the kid's passport, but he did not mention that he is in Canada. So passport offices said if the old passport still exist, first surrender & then new will be processed. He is not leaving even a single chance to screw our life and my Exams dates are coming closer.

Consent Letter is needed: consent of non accompanying parent required , evenif child travelling with one parent. My husband knows about it and taking benefit this situation

Not really sure, who can help & how its possible to get my Kid in Canada.

Please help / suggest

 

[Jyoti_S]

1. You have all the rights of a PR. Your husband cannot stop you from coming to Canada. - I should have PR cards and my kids passport for that, and these are with my husband.

2. As the father is already in Canada, you do not need a consent letter to bring your child here. - But I need PR Card + passport of my daughter.

3. Apply for a PRTD - I need to have my daughter's passport for that. I applied for new passport saying the old one is lost, not really sure how did he come to know, and he wrote a letter & said he has the kid's passport, but he did not mention that he is in Canada. So passport offices said if the old passport still exist, first surrender & then new will be processed. He is not leaving even a single chance to screw our life and my Exams dates are coming closer.
I applied my PRTD & I used that by going there and tried to communicate with him and he denied to talk. Is it possible to get PRTD again. if Yes on which ground. So that i can go there and do something there against it
Can I file a complaint against him, there in canada, though my daughter would not be there with me in absence of her passport and PR Card.

 

[steaky]

1. You have all the rights of a PR. Your husband cannot stop you from coming to Canada. - I should have PR cards and my kids passport for that, and these are with my husband.

2. As the father is already in Canada, you do not need a consent letter to bring your child here. - But I need PR Card + passport of my daughter.

3. Apply for a PRTD - I need to have my daughter's passport for that. I applied for new passport saying the old one is lost, not really sure how did he come to know, and he wrote a letter & said he has the kid's passport, but he did not mention that he is in Canada. So passport offices said if the old passport still exist, first surrender & then new will be processed. He is not leaving even a single chance to screw our life and my Exams dates are coming closer.
I applied my PRTD & I used that by going there and tried to communicate with him and he denied to talk. Is it possible to get PRTD again. if Yes on which ground. So that i can go there and do something there against it
Can I file a complaint against him, there in canada, though my daughter would not be there with me in absence of her passport and PR Card.

Apply a new passport and PRTD for yourself and come to Canada to deal your exam first. Sort out your daughter's later.

You do not have to put your daughter with your in-laws if you don't want to.

 

[Rob_TO]

I need to have my daughter's passport for that. I applied for new passport saying the old one is lost, not really sure how did he come to know, and he wrote a letter & said he has the kid's passport, but he did not mention that he is in Canada. So passport offices said if the old passport still exist, first surrender & then new will be processed. He is not leaving even a single chance to screw our life and my Exams dates are coming closer.

I don't know the laws in India, but can you file an official police report that he has confiscated the child's passport and taken it out of country, refusing to give it back?? With this, perhaps the passport office can issue a new one.
Getting a passport for your child is really mandatory to bring her to Canada.

As mentioned, the consent letter should not be needed.

 

[canuck_in_uk]

1. You have all the rights of a PR. Your husband cannot stop you from coming to Canada. - I should have PR cards and my kids passport for that, and these are with my husband.

2. As the father is already in Canada, you do not need a consent letter to bring your child here. - But I need PR Card + passport of my daughter.

3. Apply for a PRTD - I need to have my daughter's passport for that. I applied for new passport saying the old one is lost, not really sure how did he come to know, and he wrote a letter & said he has the kid's passport, but he did not mention that he is in Canada. So passport offices said if the old passport still exist, first surrender & then new will be processed. He is not leaving even a single chance to screw our life and my Exams dates are coming closer.
I applied my PRTD & I used that by going there and tried to communicate with him and he denied to talk. Is it possible to get PRTD again. if Yes on which ground. So that i can go there and do something there against it
Can I file a complaint against him, there in canada, though my daughter would not be there with me in absence of her passport and PR Card.

You don't need any grounds to apply for a PRTD beyond the fact that you are a PR without a PR card needing to return to Canada.

When you come to Canada, you can contact the police and inform them that your husband has yours and your child's documents and is refusing to give them to you.

 

[Jyoti_S]

I checked with few people ..and agents...that if I can get one more PRTD, as I used one travel entry in contacting my husband....and came back as my kid was alone.
They said..you can't get PRTD again as it's issued only once only....and they said even if you try ...there could be some problem with your PR...not really sure what is the reason behind it.
Also if I apply what reason I should give.. .that why I came back to India ..

 

[steaky]

I checked with few people ..and agents...that if I can get one more PRTD, as I used one travel entry in contacting my husband....and came back as my kid was alone.
They said..you can't get PRTD again as it's issued only once only....and they said even if you try ...there could be some problem with your PR...not really sure what is the reason behind it.
Also if I apply what reason I should give.. .that why I came back to India ..

Are these people working in your local visa application centres? Just say you lost your passport and need a new PRTD.

 

[canuck_in_uk]

I checked with few people ..and agents...that if I can get one more PRTD, as I used one travel entry in contacting my husband....and came back as my kid was alone.
They said..you can't get PRTD again as it's issued only once only....and they said even if you try ...there could be some problem with your PR...not really sure what is the reason behind it.
Also if I apply what reason I should give.. .that why I came back to India ..

Those people and agents are completely wrong. You can apply for a PRTD as many times as you to and provided you are not in violation of the Residency Obligation, it will be issued. This will not cause any problems for your PR status.

 

[canuck78]

Given the situation with your husband unfortunately seems like you need to think about your own PR obligations and assume you will be divorced separated from your husband. When you are in Canada you can initiate divorce and custody of your daughter or wait for a year and initiate proceedings in Canada.

 

[steaky]

Given the situation with your husband unfortunately seems like you need to think about your own PR obligations and assume you will be divorced separated from your husband. When you are in Canada you can initiate divorce and custody of your daughter or wait for a year and initiate proceedings in Canada.

Since the daughter is still in India, it would make sense if initiate proceedings in India.

 

[canuck78]

Since the daughter is still in India, it would make sense if initiate proceedings in India.

Yes but but might be faster in Canada and she might have better chances in Canada. I have seen other people post that it can take 3 years to get a divorce in India. Both are options. Canada often favours split custody or mothers versus in India where father may get priority.

 

[Jyoti_S]

I really thankful to all of you who are replying...to help me....M feeling like having someone who is there to help...in this worst situation