Can I remove Spouse from approved Family Sponsorship file and keep kids only..!!

[Yorker13]

Hi,


I have applied for family sponsorship and the application got approved ,but i ran into a family dispute with wife where she decided to go to UK .

Visa office are still waiting for their passports to issue the COPR but wife is not answering the visa office and i keep asking for extension, their medical exam is about to expire in 2 months time,

1- Can I request from the visa office to remove wife from the application and continue with the kids only, even without her consent, giving that i am their father and i have a canadian citizenship and i want to bring my kids to my country of citizenship , giving that they currently reside in a country where they are foreigners on a work permit residence on their mohter's.



2- what will happen if the situation continues and they didnt renew their medicals..!!

 

[armoured]

Before you take any steps to change your existing app - you and your wife REALLY need to settle whether this is a permanent divorce/separation or a temporary dispute. That's the most urgent in your case - because if you can't agree on next steps with this, 'removing' her means effectively declaring that your family situation has changed and that will be close-to irrevocable.

Decide whether you wish to / can reconcile first, even if she will reside somewhere else eg UK for a period.

 

[Yorker13]

Before you take any steps to change your existing app - you and your wife REALLY need to settle whether this is a permanent divorce/separation or a temporary dispute. That's the most urgent in your case - because if you can't agree on next steps with this, 'removing' her means effectively declaring that your family situation has changed and that will be close-to irrevocable.

Decide whether you wish to / can reconcile first, even if she will reside somewhere else eg UK for a period.

thanks for you reply,

lets assume the worst case scenario, where wife files for divorce in court and also refuses to continue with the application for PR. in middle east, custody automatically goes to mother when kids are below 10 years.
that means even kids wont have a PR in Canada just because wife decided to change our lives in the last minute, which is not fair for the kids.

how can i save the application from being canceled and keep it at least for the kids.?!

 

[armoured]

Without your wife's active cooperation, you cannot.

 

[armoured]

Note, though, that once the children are adults and under the age of 22, and not married, you could sponsor them.

 

[frange]

thanks for you reply,

lets assume the worst case scenario, where wife files for divorce in court and also refuses to continue with the application for PR. in middle east, custody automatically goes to mother when kids are below 10 years.
that means even kids wont have a PR in Canada just because wife decided to change our lives in the last minute, which is not fair for the kids.

how can i save the application from being canceled and keep it at least for the kids.?!

I think that you need a minimum cooperation with her. Moving to the UK is not a problem but she needs to continue with the PR process and lands to Canada as permanent resident. Ultimately, this will be benefiting for the kids having both Canada and UK immigration paper. Then she continues the UK process , if accepted, she can ask for a PR revocation. Talk to her and show the benefits/advantages for the kids. As a PR, you don't need to stay in Canada if you don't want to; but maintaining the PR status will be difficult.
Finally, I would talk to her and clearly explain why the PR process is important for the kids and she is allowed to move to UK if she wants but she has to wait until the PR process is done. Just for the kids.

 

[scylla]

thanks for you reply,

lets assume the worst case scenario, where wife files for divorce in court and also refuses to continue with the application for PR. in middle east, custody automatically goes to mother when kids are below 10 years.
that means even kids wont have a PR in Canada just because wife decided to change our lives in the last minute, which is not fair for the kids.

how can i save the application from being canceled and keep it at least for the kids.?!

You need your wife's cooperation and approval to sponsor your children for PR. If your wife has either full or partial custody, you will not be able to sponsor your children without your wife agreeing to this.

 

[canuck78]

Before you take any steps to change your existing app - you and your wife REALLY need to settle whether this is a permanent divorce/separation or a temporary dispute. That's the most urgent in your case - because if you can't agree on next steps with this, 'removing' her means effectively declaring that your family situation has changed and that will be close-to irrevocable.

Decide whether you wish to / can reconcile first, even if she will reside somewhere else eg UK for a period.

If this couple has no intention of living together as a married couple you have to declare your change of family status in your sponsorship application. IRCC needs to know about your relationship change. If the wife remains living in the UK and they are no longer even communicating this is not a scenario where you can sponsor a spouse. It you are misrepresenting your family status it could impact your family’s status in the future.

 

[canuck78]

I think that you need a minimum cooperation with her. Moving to the UK is not a problem but she needs to continue with the PR process and lands to Canada as permanent resident. Ultimately, this will be benefiting for the kids having both Canada and UK immigration paper. Then she continues the UK process , if accepted, she can ask for a PR revocation. Talk to her and show the benefits/advantages for the kids. As a PR, you don't need to stay in Canada if you don't want to; but maintaining the PR status will be difficult.
Finally, I would talk to her and clearly explain why the PR process is important for the kids and she is allowed to move to UK if she wants but she has to wait until the PR process is done. Just for the kids.

Moving to the UK is a problem. IRCC needs to be advised if a couple is separated and has no intention of remaining in Canada and there are no plans for the women and children to relocate to Canada to join the father. You must advise IRCC of any changes in your family status so it is not ok to pretend that they have not separated and have no plans on reuniting in Canada to live as a family and married couple.

 

[canuck78]

thanks for you reply,

lets assume the worst case scenario, where wife files for divorce in court and also refuses to continue with the application for PR. in middle east, custody automatically goes to mother when kids are below 10 years.
that means even kids wont have a PR in Canada just because wife decided to change our lives in the last minute, which is not fair for the kids.

how can i save the application from being canceled and keep it at least for the kids.?!

You can withdraw the sponsorship and apply to sponsor your children when they are old enough to decide whether they want to be sponsored. Any spouse has the ability to change their mind about sponsorship and about their marriage. If your spouse is not facilitating medical exams for the children do you not think that IRCC is going to start asking whether you are actually still married and why you haven’t reported changes in your family situation?

 

[frange]

Moving to the UK is a problem. IRCC needs to be advised if a couple is separated and has no intention of remaining in Canada and there are no plans for the women and children to relocate to Canada to join the father. You must advise IRCC of any changes in your family status so it is not ok to pretend that they have not separated and have no plans on reuniting in Canada to live as a family and married couple.

I was talking about a functioning couple living in different countries, not a breaking one. If there is a separation, he has to inform IRCC.

 

[canuck78]

I was talking about a functioning couple living in different countries, not a breaking one. If there is a separation, he has to inform IRCC.

To sponsor a spouse you have to have intent to relocate to Canada after sponsorship. If one spouse landed and went to live in the UK then at the point where the spouse or children attempted to renew their PR cards or apply for citizenship there would likely be some investigation as to whether the couple were indeed together or whether sponsorship was appropriate if one had landed in Canada and left straight away with no intention of living in Canada or with their spouse right away.. Even in cases where a spouse sponsors their other spouse, the sponsored spouse can lose their PR status if they land and then move to the sponsored spouses country and try to claim days living with a Canadian citizen towards their RO. The sponsorship process is approved in order for spouses to be reunited and to live together in Canada at least initially. If you look at all OPs posts it is pretty clear that this is not a situation where a family may be separated temporarily. Divorce and separation has been used in many of OPs previous posts. The big issue seems to be that OP would like his children to land in Canada as PRs so he can apply for their citizenship. He even objected to having to count his children in his family size when wanting to sponsor his parents because he doesn't seem to have a plan to remain involved in the children's lives or apply for visitation or custody through the UK courts.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/inquiry-about-family-size-for-super-visa-application.726720/

 

[armoured]

My comments about 'living temporarily in the UK' and reconciliation clearly don't apply based on the same user's previous posts, so I 'withdraw' my comments above (there may be circumstances where those comments might apply but irrelevant here).

@canuck78 is (properly) much more thorough about checking previous posts from the same users and often that is extremely important.

No, a sponsor who is divorced/divorcing/separated can't bring/sponsor his children 'through' his ex-spouse (children as ex-spouse's dependents), and attempting to do so would be misrepresentation - with very serious consequences.

That sponsor could sponsor his children but only with the agreement and cooperation of the ex-spouse including aspects such as custody. Or wait until they are adults. No way around that which would not constitute misrepresentation.

 

[marcello81]

1- Can I request from the visa office to remove wife from the application and continue with the kids only, even without her consent, giving that i am their father and i have a canadian citizenship and i want to bring my kids to my country of citizenship , giving that they currently reside in a country where they are foreigners on a work permit residence on their mohter's.

If you are a canadian citizen, why do you want to sponsor your children? You just have to apply for their canadian citizenship!?

 

[scylla]

If you are a canadian citizen, why do you want to sponsor your children? You just have to apply for their canadian citizenship!?

This was covered in a previous discussion. OP's children were born before the OP became a citizen. So they don't qualify for Canadian citizenship directly. They have to be sponsored for PR first.