Dependent Child & Custody (Over 22 Years)

[CapeCanadian]

Hi. We are applying for my step daughter (Type C dependent - over 22 years). In the original divorce certificate 10 years ago, it does not list the father as having custody, however the mother has signed an affidavit that she is supportive of the application. An immigration lawyer at the local YMCA told us that without an official custody document our application would be refused. Can anyone tell me if they are facing a similar situation and how you go about doing this. Obtaining a custody document from the home country takes years.

 

[canuck_in_uk]

Hi. We are applying for my step daughter (Type C dependent - over 22 years). In the original divorce certificate 10 years ago, it does not list the father as having custody, however the mother has signed an affidavit that she is supportive of the application. An immigration lawyer at the local YMCA told us that without an official custody document our application would be refused. Can anyone tell me if they are facing a similar situation and how you go about doing this. Obtaining a custody document from the home country takes years.

Hi

Did she undergo a medical and get included in your spouse's app? How is she a Type C dependent?

You do not require custody papers. If the daughter is physically disabled but mentally sound, she is a legal adult and not in anyone's custody. If she is mentally disabled, then legal permission from the other parent is sufficient.