family sponsorship/ dependent/ no custody

[Edelly]

Hello all, I still need help. following my previous post, my baby dad has refused to sign for my five year old. he lives in Canada as a visitor with British passport. we are being sponsored my my husband and are at the final stage of passport submission but they have asked that we include an authorization or custody letter so my son can stay with me as permanent resident.

I was able to get information that i could file for custody once in Canada. I am thinking of putting his own process on hold.

Does anyone know the implications?. Will the immigration office be able to proceed with mine?.
what happens when i get the custody papers, will i restart all process and will i pay the dependent sponsorship fee afresh?.
Can they decide and put everything on hold?.
Please I am desperate, was give a 30day dateline and loosing time.

please anyone with similar experience or idea should advice


thanks

 

[scylla]

Hello all, I still need help. following my previous post, my baby dad has refused to sign for my five year old. he lives in Canada as a visitor with British passport. we are being sponsored my my husband and are at the final stage of passport submission but they have asked that we include an authorization or custody letter so my son can stay with me as permanent resident.

I was able to get information that i could file for custody once in Canada. I am thinking of putting his own process on hold.

Does anyone know the implications?. Will the immigration office be able to proceed with mine?.
what happens when i get the custody papers, will i restart all process and will i pay the dependent sponsorship fee afresh?.
Can they decide and put everything on hold?.
Please I am desperate, was give a 30day dateline and loosing time.

please anyone with similar experience or idea should advice


thanks

No - unfortunately they will not proceed with your part of the application. It's all or none.

You need either the custody papers or approval from your baby's father to proceed with your application (including your portion). You should request an extension to the 30 days and explain the reasons for requesting it. You should then be given a bit more time to obtain the documents requested. If you're not able to obtain the custody papers in time, IRCC will make a decision on your application without them (which would be a refusal). You would then have to reapply once you have the custody papers.

 

[canuck_in_uk]

Hello all, I still need help. following my previous post, my baby dad has refused to sign for my five year old. he lives in Canada as a visitor with British passport. we are being sponsored my my husband and are at the final stage of passport submission but they have asked that we include an authorization or custody letter so my son can stay with me as permanent resident.

I was able to get information that i could file for custody once in Canada. I am thinking of putting his own process on hold.

Does anyone know the implications?. Will the immigration office be able to proceed with mine?.
what happens when i get the custody papers, will i restart all process and will i pay the dependent sponsorship fee afresh?.
Can they decide and put everything on hold?.
Please I am desperate, was give a 30day dateline and loosing time.

please anyone with similar experience or idea should advice


thanks

If you cannot get the child's custody documents, you will need to change him to non-accompanying. IRCC will process the app and you will become a PR. Once you have the docs sorted, you would then need to sponsor him.

 

[Edelly]

If you cannot get the child's custody documents, you will need to change him to non-accompanying. IRCC will process the app and you will become a PR. Once you have the docs sorted, you would then need to sponsor him.

Thanks Canuck for your response. I have com

No - unfortunately they will not proceed with your part of the application. It's all or none.

You need either the custody papers or approval from your baby's father to proceed with your application (including your portion). You should request an extension to the 30 days and explain the reasons for requesting it. You should then be given a bit more time to obtain the documents requested. If you're not able to obtain the custody papers in time, IRCC will make a decision on your application without them (which would be a refusal). You would then have to reapply once you have the custody papers.

Thanks a lot for your response. I read about the all or none rule somewhere on CIC website. Am just wondering what will happen if I change him to none accompanying. He has a pending status in Canada. British citizens are allowed in Canada for just 3months without a visa. He has been able to stay longer because PR application.
If I put him as none accompanying, will be asked to go out of Canada?. When I get the custody, will I have to start all over. Please advise.

 

[Edelly]

If you cannot get the child's custody documents, you will need to change him to non-accompanying. IRCC will process the app and you will become a PR. Once you have the docs sorted, you would then need to sponsor him.

Hello Canuck,
I think I will have to sponsor him later. Thanks for the advice. Will he be asked to leave Canada because he exceeded the 3months allowed for uk nationals. If I have to extend his stay in Canada I still need his dad,s signature which is definitely impossible to obtain.
Moreover, When I sponsor him in the future will I have to start afresh?. Please advise

 

[canuck_in_uk]

Thanks Canuck for your response. I have com

Thanks a lot for your response. I read about the all or none rule somewhere on CIC website. Am just wondering what will happen if I change him to none accompanying. He has a pending status in Canada. British citizens are allowed in Canada for just 3months without a visa. He has been able to stay longer because PR application.
If I put him as none accompanying, will be asked to go out of Canada?. When I get the custody, will I have to start all over. Please advise.

If you change him to non-accompanying, you don't need to show custody/permission. You will become a PR.

Not sure what you mean by "pending status". A British citizen can be granted 6 months visitor status when entering Canada. A PR application would NOT have granted the child any form of status in Canada or allow him to stay longer.

You can apply to extend his status as a visitor. When you have the papers in order, you will need to sponsor him.

 

[Edelly]

If you change him to non-accompanying, you don't need to show custody/permission. You will become a PR.

Not sure what you mean by "pending status". A British citizen can be granted 6 months visitor status when entering Canada. A PR application would NOT have granted the child any form of status in Canada or allow him to stay longer.

You can apply to extend his status as a visitor. When you have the papers in order, you will need to sponsor him.

Thanks again Canuck. What I mean by "pending " is the fact that his 6months in Canada had expired and we were suppose to renew it. However, the fact that we put this application before the expiration date helped cover him up.

I am wondering what his status will be once he I put him as not accompanying me. I am.unable.to extend his visitor stay in Canada because of his dads signature. I understand he needs some sort of status while I figure out his custody issue. Do you think he might be asked to move out of Canada?. His visa to Cameroon expired so he cannot even come back here. He is left just with Britain and his dad does want him either. Am not very certain what to do during the period between my PR and his custody. Any idea?

 

[zardoz]

Thanks again Canuck. What I mean by "pending " is the fact that his 6months in Canada had expired and we were suppose to renew it. However, the fact that we put this application before the expiration date helped cover him up.

I am wondering what his status will be once he I put him as not accompanying me. I am.unable.to extend his visitor stay in Canada because of his dads signature. I understand he needs some sort of status while I figure out his custody issue. Do you think he might be asked to move out of Canada?. His visa to Cameroon expired so he cannot even come back here. He is left just with Britain and his dad does want him either. Am not very certain what to do during the period between my PR and his custody. Any idea?

I may have misunderstood your comment. I think you are saying that the PR application is covering his lack of current status in Canada. If that's the case, you are incorrect. A PR application conveys no status, either actual or "implied status". Your child is already out of status, so you will need to apply for restoration (if still within 90 days of the expiry of status) or have him leave Canada.

 

[canuck_in_uk]

Thanks again Canuck. What I mean by "pending " is the fact that his 6months in Canada had expired and we were suppose to renew it. However, the fact that we put this application before the expiration date helped cover him up.

I am wondering what his status will be once he I put him as not accompanying me. I am.unable.to extend his visitor stay in Canada because of his dads signature. I understand he needs some sort of status while I figure out his custody issue. Do you think he might be asked to move out of Canada?. His visa to Cameroon expired so he cannot even come back here. He is left just with Britain and his dad does want him either. Am not very certain what to do during the period between my PR and his custody. Any idea?

As I clearly stated in my previous post, a PR app does not give any form of status. If you failed to extend your child's visitor status before his 6 months were up, he is now in Canada illegally.

Whether he is accompanying or not is irrelevant to his status in Canada.

No one here can decide what you should do with your child.