Advice Needed | Marital Status

[Dilbert07]

Dear members,

Please advise on the below scenario , and the subsequent query.

Background context :
- Separated from spouse since 2011. I am in Singapore, and she is in India. The kid is with her.
- I have filed for a divorce in Indian court, petition pending since mid 2015. Date of separation is mentioned in the petition.

Query
- Can I select "Legally separated" status while creating my profile ? I intend to provide divorce petition as a proof for separation. Please let me know the feasibility.

Thanks in advance

 

[Dilbert07]

Please advise.

 

[canuck_in_uk]

Background context :
- Separated from spouse since 2011. I am in Singapore, and she is in India. The kid is with her.
- I have filed for a divorce in Indian court, petition pending since mid 2015. Date of separation is mentioned in the petition.

Query
- Can I select "Legally separated" status while creating my profile ? I intend to provide divorce petition as a proof for separation. Please let me know the feasibility.

Yes, select "Legally Separated". Note that your child must still be included in the app and undergo a medical.

 

[Dilbert07]

Thanks canuck_in_uk for the reply. I have further queries , and it would be great if you can help me with them.
I would love to have my child included in the application, however I have minimal contact with my "ex" and the kid. Currently his custody is with the mother, and I have another pending petition for the getting the full custody. Assuming the worst but highly probable case that I might not be able to get the child's medical done or any sort of approval from the mother, what are my options ?
Do you think I should engage an immigration lawyer, an expensive proposition, for my case ?

Thanks in advance

 

[Wandering Mind]

Thanks canuck_in_uk for the reply. I have further queries , and it would be great if you can help me with them.
I would love to have my child included in the application, however I have minimal contact with my "ex" and the kid. Currently his custody is with the mother, and I have another pending petition for the getting the full custody. Assuming the worst but highly probable case that I might not be able to get the child's medical done or any sort of approval from the mother, what are my options ?
Do you think I should engage an immigration lawyer, an expensive proposition, for my case ?

Thanks in advance

Sorry to jump in into your conversation but it seems that legal advice would be a good idea in your case. All the best.

 

[Dilbert07]

Sorry to jump in into your conversation but it seems that legal advice would be a good idea in your case. All the best.

Thanks for the suggestion. I will also start my search to get a legal opinion ( please let me know if you have any suggestions ) .
I just want to check with the forum members if anyone has encountered a scenario similar to my case and can answer my queries ( asked earlier ).

Thanks

 

[Wandering Mind]

Thanks for the suggestion. I will also start my search to get a legal opinion ( please let me know if you have any suggestions ) .
I just want to check with the forum members if anyone has encountered a scenario similar to my case and can answer my queries ( asked earlier ).

Thanks

Getting medicals for your child is mandatory but will be difficult if not impossible in your case. I wish I had some constructive suggestions to offer you. Unfortunately this calls for expert advice. I hope someone in the same boat as you could throw some light on the situation.
Good luck.

 

[canuck_in_uk]

I would love to have my child included in the application, however I have minimal contact with my "ex" and the kid. Currently his custody is with the mother, and I have another pending petition for the getting the full custody. Assuming the worst but highly probable case that I might not be able to get the child's medical done or any sort of approval from the mother, what are my options ?
Do you think I should engage an immigration lawyer, an expensive proposition, for my case ?

A lawyer can't do anything to help your situation. Save your money.

If you can't get the child's medical done, then he would end up being excluded from the application. This means that you would NEVER be able to sponsor him in future. You would need to show proof that you were unable to have the medical done, such as court papers showing the mother has full custody and messages/emails/letter from her stating her refusal to allow the child to have the medical. You would need a notarized letter declaring that you understand your child will be forever excluded from the Family Class and you will never be able to sponsor him.

You need to do everything you can to get the medical done. Explain to your ex that it doesn't mean that the child is immigrating now but allows you to retain the right to sponsor the child in future if you need to.

You could always delay any PR app until after the custody is sorted out. Even if you only get visitation, you could then take the child for the medical during a visit.

 

[canuck_in_uk]

Sorry to jump in into your conversation but it seems that legal advice would be a good idea in your case. All the best.

Legal advice is not necessary. This is a fairly common situation.

 

[Dilbert07]

A lawyer can't do anything to help your situation. Save your money.

If you can't get the child's medical done, then he would end up being excluded from the application. This means that you would NEVER be able to sponsor him in future. You would need to show proof that you were unable to have the medical done, such as court papers showing the mother has full custody and messages/emails/letter from her stating her refusal to allow the child to have the medical. You would need a notarized letter declaring that you understand your child will be forever excluded from the Family Class and you will never be able to sponsor him.

You need to do everything you can to get the medical done. Explain to your ex that it doesn't mean that the child is immigrating now but allows you to retain the right to sponsor the child in future if you need to.

You could always delay any PR app until after the custody is sorted out. Even if you only get visitation, you could then take the child for the medical during a visit.

Thanks canuck_in_uk. Your suggestion makes complete sense to me. I should focus on how to get the medicals done.