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Accompanying & Non Accompanying Dependents

canswede

Newbie
Oct 1, 2008
7
0
Can someone direct me to where I can read (or give advice) on the requirements regarding sponsoring a spouse on an outland app and the possibility of her dependents getting their PR at a later date, if they should decide to move to Canada.

We will put them down as non accompanying for now...
...or should we put them down as accompanying?... and if they decide to move to Canada in the time before their PR visa expires then fine...if it expires then they will have to be sponsored through the family class at a later date.
Their mother (whom I am sponsoring as a spouse now) has joint custody, does she need to have sole custody of the child(ren) before she can bring them to Canada?
We hope that one or more children will eventually like to move to Canada...after visiting and then deciding that they will like to live in Canada.
We are getting close to finishing up our applications to be sent in and greatly appreciate any help and advice.

thank you

canswede
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
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If you list them as accompanying, she has to at least have permission from their father to take them to Canada. If they do not stay in Canada for at least total 730 days in the next 5 years after getting their PR, they will lose it again. On the other hand, if your wife lives in Canada for a solid 3 years, then applies for citizenship, she can apply for the children too if they are under 18 so if they spent at least a couple of months in Canada during those first 3 years, they do not otherwise have to meet residency requirements for citizenship if she does.

If you list them as non-accompanying, she can sponsor them later but be aware that she can only sponsor them under the federal system until age 22 unless they are full time students. Possibly she could sponsor them under a provincial program for longer, depends on where you live.