CHILDREN SPONSORSHIP

[papabell]

Hi, everyone!
I have few questions...I am thanking those who can help me in advanced.

I have a legal spouse living in the Philippines and I am planning to get our 2 children here with me. I am applying for a permanent residency this coming November... My question's "Do I need the consent of my spouse for me to be able to get my 2 children with me?" My eldest is turning 21 on December this year, and my youngest is 17... My youngest stopped schooling for a semester. Another question's... "Can I ONLY get my 2 children?" My spouse has a third party and already had a son with it. Last question's "How long will the petition process would take?"

 

[RobsLuv]

If you and your spouse are still married, I believe you'd need to apply to sponsor your spouse and then add the children (all of them) as dependents. (Your children are considered dependents, regardless of schooling, until they are 22 years of age. Once any of them turns 22 years of age (or gets married), they have to meet the other eligibility requirements - like full-time school - in order to still be considered a dependent.) As long as the application is received at the Case Processing Centre in Mississauga before your eldest turns 22, s/he is eligible and is locked in at age 21 until the process is finalized.

If you and your spouse were legally divorced, I believe you could sponsor the children without having to also sponsor your spouse.

If your children are nationals of the Philippines, Manila is the overseas embassy that will process the application. After the 45 days or so that is required for the sponsor's assessment in Canada, it will take approximately 10 months for Manila to finalize the file.

Note: I'm not clear from your thread whether you are already a PR in Canada - if you are, you have to be residing in Canada in order to be eligible to sponsor. Only citizens of Canada can apply to sponsor while living overseas, and they have to provide proof with their application of their intent to return and resettle in Canada.

 

[PMM]

Hi

If you and your spouse are still married, I believe you'd need to apply to sponsor your spouse and then add the children (all of them) as dependents. (Your children are considered dependents, regardless of schooling, until they are 22 years of age. Once any of them turns 22 years of age (or gets married), they have to meet the other eligibility requirements - like full-time school - in order to still be considered a dependent.) As long as the application is received at the Case Processing Centre in Mississauga before your eldest turns 22, s/he is eligible and is locked in at age 21 until the process is finalized.

If you and your spouse were legally divorced, I believe you could sponsor the children without having to also sponsor your spouse.

If your children are nationals of the Philippines, Manila is the overseas embassy that will process the application. After the 45 days or so that is required for the sponsor's assessment in Canada, it will take approximately 10 months for Manila to finalize the file.

Note: I'm not clear from your thread whether you are already a PR in Canada - if you are, you have to be residing in Canada in order to be eligible to sponsor. Only citizens of Canada can apply to sponsor while living overseas, and they have to provide proof with their application of their intent to return and resettle in Canada.

1. I would hazard a guess that the OP is will be applying under the Live in Caregiver program.
2. She can include her spouse as non accompanying and state they are separated and she has no intention of sponsoring him as he is in another relationship.
3. She would probably require proof of custody for the youngest child so to remove him from the Philippines. It depends on what the age of majority is in the Philippines.

 

[RobsLuv]

Ah, okay. Good insight, PMM. Thanks

 

[lovely20]

Hi

1. I would hazard a guess that the OP is will be applying under the Live in Caregiver program.
2. She can include her spouse as non accompanying and state they are separated and she has no intention of sponsoring him as he is in another relationship.
3. She would probably require proof of custody for the youngest child so to remove him from the Philippines. It depends on what the age of majority is in the Philippines.

Age of majority in the Philippines is 18 years old, so yes than means she needs to show proof of custody for the 17 year old son.