Cannot provide IMM 5604 form, Sole custody doc from the court will be ok?

[jess_2016]

Hi,
I applied for permanent resident in canada and i included my 16 year old daughter in my application. I'm not married with the father and my daughter live with my mother since birth.I supported my daughter's needs since birth, i'm a sole provider for my daughter. In her birth certificate he is the father, but he never give support or visited her. In the philippine law i have already a sole custody. But the immigration office ask me to submit the IMM 5604 form (a release from the non-accompanying parent). But the father wont cooperate . I was wondering if the sole custody document will be accepted instead of the IMM 5604 form.

 

[canuck_in_uk]

Hi

Yes, CIC should accept court documents showing you have full custody.

 

[jess_2016]

Thanks, for the quick reply. canuck_in_uk

 

[jess_2016]

Hi canuck_in_uk,

I spoke to the lawyer over the phone few days ago and she told me the procedures in getting a sole custody from the Philippine court. She told me it will take maybe 9 months to one year , and could not really assure me that it will come in at that time because it will also depend on the court schedules. My daughter is already 16 yrs. old and 4 months.

Sole custody processing time: let's say 1 year
I will submit the sole custody doc. to the immigration office: it will take 4-6 mos. to process the new documents
After that they schedule me for permanent residence interview. It will 4-5 mos to receive the permanent residence card.
Total processing time is almost 2 years, by that time my daughter is already over 18 years old, and i don't need those legal documents anymore.

It drives me crazy I don't know what to do. Also the time and the expenses in getting that document is not cheap

Please i need your advice.

 

[canuck_in_uk]

As per Philippine law, a mother has full and complete legal custody of her illegitimate children. I believe that others have had success in submitting proof of this law along with an affidavit, so that's what you should try.

 

[schweiz19]

Hi Jess! I just want to ask if how’s your application now? Is your kiddo already here in Canada? Like you, I have a child and she is currently with my mother. In her BC, father is unknown BUT she was under my my ex-partner’s care since we were okay that time while I was working abroad. I am the one supporting them financially. When I came here in Canada, I submitted an AFFIDAVIT OF COHABITATION when I applied for work permit and he stated in his affidavit that he is the father and the child is under his care and custody from 2011-2016. Unfortunately, we broke up. The child is with my mother from 2016 to present. Now my question is, DO I HAVE TO ASK FOR SOLE CUSTODY from the court even if the birth certificate the father is unknown? How to get one then?I am from Philippines too.

 

[Survivor27]

Hi Jess! I just want to ask if how’s your application now? Is your kiddo already here in Canada? Like you, I have a child and she is currently with my mother. In her BC, father is unknown BUT she was under my my ex-partner’s care since we were okay that time while I was working abroad. I am the one supporting them financially. When I came here in Canada, I submitted an AFFIDAVIT OF COHABITATION when I applied for work permit and he stated in his affidavit that he is the father and the child is under his care and custody from 2011-2016. Unfortunately, we broke up. The child is with my mother from 2016 to present. Now my question is, DO I HAVE TO ASK FOR SOLE CUSTODY from the court even if the birth certificate the father is unknown? How to get one then?I am from Philippines too.

If you have the funds you may go ahead and file in court. But it will be a waste of time and money as there is no father info on the child's BC and the kid is illegitimate which means you automatically have parental authority as per Article 176 of the family code. Too, it will be a miracle to get a court decision after a year or 2 as it usually takes minimum 4 years.

As mentioned in my earlier responses to you, you might want to prepare the Affidavit now and a cover letter so if ever you get a request of IMM 5604, you will already be able to submit the documents. I am certain though that you probably won't be asked for that form. Don't fret. You will soon have your child with you before you know it.

 

[schweiz19]

If you have the funds you may go ahead and file in court. But it will be a waste of time and money as there is no father info on the child's BC and the kid is illegitimate which means you automatically have parental authority as per Article 176 of the family code. Too, it will be a miracle to get a court decision after a year or 2 as it usually takes minimum 4 years.

As mentioned in my earlier responses to you, you might want to prepare the Affidavit now and a cover letter so if ever you get a request of IMM 5604, you will already be able to submit the documents. I am certain though that you probably won't be asked for that form. Don't fret. You will soon have your child with you before you know it.

Hi Survivor! Good to hear you again in this thread. I am just having a little confusion of where to get the AFFIDAVIT OF SOLE PARENTAL AUTHORITY AND ILLEGITIMACY. Is it in any law firms or in court? I just actually spoke with my ex awhile ago, he said he will sign the IMM5406 BUT he wants to have an agreement that he will NOT give child support, and totally cut our communication coz he has NO plans of seeing the child in the future.HE wants me to provide that agreement. Should I provide that one? Or I should let him do that himself since it is his decision to abandon his own child? With his condition, what should I do then?

 

[Mharia05]

Hello po... I just have a quetion if I have the IMM5406 do I still need to have the full custody document? Thanks for the reply.

 

[schweiz19]

Hello po... I just have a question if I have the IMM5406 do I still need to have the full custody document? Thanks for the reply.

Hi! If you have your IMM5604 signed and notarized by your ex then you’re good. Don’t forget to ask a clear photocopy of his valid ID though. That means you have his consent na para kunin mo anak mo.You do not need to provide full custody agreement.

 

[HIRA.AHMED]

I have Custody document from court which says before moving out of jurisdiction prior permission is required. Than permission letter was issued saying I should produce child before court as and when required along with surety amount before court. I recieved ADR request n submitted the above mentioned docs with an explanation why IMM5604 cannot be submitted. Now I hav again recieved the IMM5604 request by the officer or proof that contact was made. What can I do now in case its not possibke to get form Imm5604??

 

[canuck_in_uk]

I have Custody document from court which says before moving out of jurisdiction prior permission is required. Than permission letter was issued saying I should produce child before court as and when required along with surety amount before court. I recieved ADR request n submitted the above mentioned docs with an explanation why IMM5604 cannot be submitted. Now I hav again recieved the IMM5604 request by the officer or proof that contact was made. What can I do now in case its not possibke to get form Imm5604??

It is unclear from your post. Do you have legal permission to move the child to a different jurisdiction?

 

[akua08]

Hello there,
if you did submit it and Now have again received the IMM5604 request by the officer or proof that contact was made. just submit what you submitted in the first place. what i learnt is that immigration don't like it when you keep checking your story. don't forge document to submit if you cant produce what they are asking for, just write an explanation letter giving details of your circumstance.

Gudluck

 

[emmalyng]

Hi! If you have your IMM5604 signed and notarized by your ex then you’re good. Don’t forget to ask a clear photocopy of his valid ID though. That means you have his consent na para kunin mo anak mo.You do not need to provide full custody agreement.

I have the IMM5604 formed signed by the Father, and photo copy of his ID, do I need to obtain the AFFIDAVIT OF SOLE PARENTAL AUTHORITY AND ILLEGITIMACY from a lawyer here in Canada?

 

[YumiMedina]

Hi,
Just wanted to ask, if the child is under 7Years Old, per Philippine law, the mother automatically has sole custody.
If this is the case, does the mother need to fill up IMM5604, or will sending her divorce papers and applicable literature from the philippine law be enough? Thank you!!