A legal question , I hope to find answer here

[ahmedsisy]

what is the problem with medical examination , sorry? i didn't get it

 

[ahmedsisy]

do you mean that 2 birth certificates means 2 children ?
or you mean medical examination of wife and baby ?

 

[zardoz]

do you mean that 2 birth certificates means 2 children ?
or you mean medical examination of wife and baby ?

If your wife is being "difficult" how are you going to get the medical examinations done. You are still legally married under Egyptian law...

 

[ahmedsisy]

yes i understand you , but i think in time she will accept , the problem now is in papers which can't be corrected whatever i convinced her or no !!

 

[zardoz]

Good luck with your application...

 

[ahmedsisy]

thank you dear , thank you so much for your kindness
but .. at the end, what would u do if u are in my place ? regarding the birth certificates ?

i am sorry i wasted much of your time

 

[zardoz]

Ignore the Egyptian one... Don't make any reference to it.

 

[ahmedsisy]

they will not search in my family records ?
what if they will find that i have a son i didn't mention ?

 

[zardoz]

But you must mention your son, using the real birth certificate... It doesn't matter if you were not included on the real one. DNA tests will prove the relationship. CIC might require testing... Both your wife and child must be included in your application, even if they have no intention to become PR yet. You add them as non-accompanying.

 

[ahmedsisy]

thank you so so much

you are really so kind and helpful

my best wishes for you dear

 

[SenoritaBella]

The birth certificate issue is straight forward:
1. notify the Egyptian authorities of the error and take steps to have it corrected. It does not matter how long it takes, but you should do it to avoid future problems, not just with immigration.
CIC will conduct background checks on your and your dependents (child and wife) and will cross-check records with Egyptian auhtorities. What will you do (or say) if they come to find out about this other birth certificate ?

2. speak to your wife and try to resolve matters with her so that she agrees to allow the baby and herself to undergo medical checks for immigration. If they are not examined, you can never sponsor any of them.

3. if you can resolve things with your wife, then see whether you can correct the child`s last name.

 

[steerpike]

1) Your wife and child should be included on your application no matter what. You cant add them later. You can put them as non-accompaning but they must do the medical exam. But you can't just leave them off. I'm putting that number 1 because its the most important thing.

2) The Egyptian birth certificate is a fake, since the child wasn't born in Egypt. That document is worthless.

3) While the childs name may be very very important to you, it is actually irrelevant as far as immigration is concerned. You could do the whole process with the childs name as written on the Russian birth certificate. Easiest route is not to correct the childs name. Right now, the childs legal name is the name on the Russian birth certificate. Until that is legally changed, do not use a different name for the child on any immigration forms. In such time as the babies name is legally changed, only then should you notify immigration of the name change.

 

[Dreamlandvisa]

I am applying for permanent residency by skilled workers program but I have a legal problem, and I wish to get an advice from your side.

I am married with a foreigner woman by Egyptian laws and we are living in Egypt for 4 years, but she returned to her country to give birth for our first baby (now he is 7 months old)

She refuses to apply with me for permanent residency in Canada, refused to supply me with her documents or the child's documents.

The main problem is that she certified the birth of baby in her country as a lonely mother (because our marriage is not registered by her country's laws) and she gave the baby intentionally her family name not my family name.

My family registered the baby at Egyptian authorities, acquired an Egyptian birth certificate contains the names of parents but place of birth is Egypt which is not true, And with different date of birth.

Now the baby has 2 different birth certificates from 2 different countries, with 2 different date of birth, 2 different place of birth and even with 2 different family names as following:

1- Egyptian birth certificate with right names but wrong place of birth and date of birth

2- Foreign birth certificate with right place of birth and date of birth but wrong family name

I tried to solve this conflict but this is a long and complex process and needs long time to modify.



My question now is:

What is right (or better)?

To provide the Egyptian birth certificate? Or to neglect it (as if it is not present)?

If I will put the Egyptian birth certificate, should I mention and clarify the problem? Or no?

What is the right action in my case?

Finally thank you for your help, I wish to get the right legal answer.



Thank you

Here you can't get legal advice as we are not lawyers. We just say our best guess.

My opinion:First of all, you need to resolve your family issue:Are you gonna get divorce? Who will have the custody of your child? Cause if you don't have his custody, how can you have him landed and get his PR card my friend?

Second, for a Birth Certificate the gov. needs hospital live birth letter, do you have it from Russia, so you can prove the truth? I would take the hospital letter to Egypt gov. and prove your wife wrong.

Again, for the future, the custody is everything.
Last, you tell the truth when applying for PR, no matter what, just tell the truth.

Good luck.

 

[ahmedsisy]

Dears Dreamlandvisa, steerpike and SenoritaBella
thank you so so so much
you were very helpful
thank you again