"Child admissible" Custody Immigration Question?

[Jack_Scarlett]

I have a 6 year old child with my ex, we were never married. We had broken up, but were living together, I had met someone from Mississauga Ontario and formed a long distance relationship. We've been together almost a year and he proposed and I said yes. We will be getting married this year.

My son's father and I are on decent terms, and have not filed for custody or anything of that nature. We peacefully share our child. We are both on the birth certificate. My ex and I have come to an agreement that it would be best for our son to stay with him for when I go through the permanent resident/citizenship process (Not sure if Im going to apply inland or outland, but im thinking outland so that I can work full time and save money here in the states)

I was told that immigration will want our child to be made "Admissible" Which I understand, however my ex and I do not want to go to court over it. My question is, Can a well written letter (with full details and specifics) be written by his father and I on our agreement and certified by a public notary? Will that be enough for Immigration? Or will we have to actually go to court?

Another quick question, I also heard that I will have to get my son a full medical exam as well since he is a "non-accompanying dependent" Is this true?

Thank you so much for your time and input

 

[Leon]

In order to get your immigration, it is a requirement to list your child as a non-accompanying dependent and get him a medical. This will keep the option open for you to sponsor him for PR in the future. You can tell your ex that he does not have to worry. Canada immigration will not grant his son PR without both parents permission.

 

[Jack_Scarlett]

Ok that's understandable, But what about the letter with the certification from the notary? Will that be enough for Immigration as far as my son staying with the father? (I know they want it documented as some parents I assume will leave the child or abandon them with the other parent) But his father and I agree on him staying here with him.

Or do we need to get the courts involved? I'm hoping that a letter with the approval of a notary will be enough for them.

Thanks

 

[Leon]

Which letter are you talking about? I am not aware of any letter when your child is not accompanying.

If your child is accompanying and you want your child to get PR at the same time you do, you would need approval from the father.

For example, you can find the following in the document checklist for a skilled immigrant:

Children's Information (if applicable)
* Children's birth certificates (which name their parents);
* Adoption papers issued by recognized national authorities showing the legal, approved adoption of adopted dependent children;
* Proof of full custody for children under 18 and proof that the children may be removed from the jurisdiction of the court;
* If the other parent of your children is not accompanying you to Canada, you must submit a signed Statutory Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada (IMM 5604 - original). You must submit one form for each child and a copy of the non-accompanying parent's photo ID showing their signature;

You can find this form here: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5604E.PDF However, it is not needed if your child is not getting PR and not accompanying you.

If your child is a US citizen, it will be easy for him to visit you in Canada as long as he doesn't stay longer than 6 months. If you and your ex decide that you would like him to spend a winter with you and go to school in Canada, you will have to plan this way ahead so you can have time to sponsor him for PR first.

 

[Jack_Scarlett]

Ok, I think the lawyer I was talking to was telling me something off, because he told me that Immigration would want proof that the child is ok to stay with the father (Custody documents or as he put it "Made admissible") He made it sound as if i would have to go through this whole huge ordeal with court, documenting that i am not abandoning my child and that the father is OK with me leaving him with him. But I as well was confused because our child is definitely not going to be moving to Canada.

Perhaps the lawyer was going to make it out to be more then it is to get me to hire him on? (long shot, but just maybe)

Thank you for your help Leon ^_^

 

[scylla]

Ok, I think the lawyer I was talking to was telling me something off, because he told me that Immigration would want proof that the child is ok to stay with the father (Custody documents or as he put it "Made admissible") He made it sound as if i would have to go through this whole huge ordeal with court, documenting that i am not abandoning my child and that the father is OK with me leaving him with him. But I as well was confused because our child is definitely not going to be moving to Canada.

Perhaps the lawyer was going to make it out to be more then it is to get me to hire him on? (long shot, but just maybe)

Thank you for your help Leon ^_^

That's only required if you cannot obtain a medical for your child (because the other parent refuses to allow the child to have the medical) and you must completely exclude your child from the application. As Leon explained, in your case you will simply flag the child as non-accompanying, have the child do the medical and submit the other documents required - and then everything will be fine. IMHO it doesn't sound like your lawyer knows what he's doing - or perhaps he explained it poorly.

 

[Jack_Scarlett]

Ok, Thank you both So much for your help

 

[steller]

Hello, Please advise if the child immigrating to Canada has attained age of majority (ie he is not a minor) at the time of submitting the PR application. Then what happens in that scenario, do the non-accompanying parent still required to submit IMM5604. Awaiting response.. Thanks!

 

[zardoz]

Hello, Please advise if the child immigrating to Canada has attained age of majority (ie he is not a minor) at the time of submitting the PR application. Then what happens in that scenario, do the non-accompanying parent still required to submit IMM5604. Awaiting response.. Thanks!

Exactly what age will the child be on the date that the application is submitted?

 

[steller]

Exactly what age will the child be on the date that the application is submitted?

The dependant child completed 19 years and 10 months as on the date of filing of the PR application.. Thanks for your reply..

 

[zardoz]

The dependant child completed 19 years and 10 months as on the date of filing of the PR application.. Thanks for your reply..

What date was the application filed?

 

[steller]

What date was the application filed?

May 2, 2014

 

[Leon]

It says on the form it is for minors so no, you don't need it if your child is not a minor.

 

[steller]

It says on the form it is for minors so no, you don't need it if your child is not a minor.

Thanks.. But how to respond to CIC specific request for IMM5406 from non-accompanying parent in the given circumstances that the dependant child is not a minor on the date of application and completed his 19 years and 10 months..

 

[zardoz]

Thanks.. But how to respond to CIC specific request for IMM5406 from non-accompanying parent in the given circumstances that the dependant child is not a minor on the date of application and completed his 19 years and 10 months..

You could just complete the form, regardless of how irrelevant it is... CIC are creatures of habit and it's sometimes pointless trying to explain to them...

It's like getting a final demand for a zero balance invoice. Just send a zero value cheque.