Dependent Sponsorship No consent form

[Sarah0018]

Hi. Good Day. I hope someone here can advise me regarding my concern.
My gf and I (same sex) are currently applying for Conjugal Sponsorship. We hired a visa consultancy and we were asked to provide consent form for my 2 kids. Unfortunately, my ex husband wont cooperate and sign the consent form for my children. He was never present nor active in my childrens lives for 9 years since we got separated. He's been living in the US since 2012 and I have full custody of the kids. My kids never got any family/financial support from him unless asked. No voluntary support was given to them. I raised and took care of my kids for a long time without his help. I was also asked to provide custody documents but I dont have any of it. But my kids can attest that I was the only person who provided everything for them and who took care of them. Even my sister in law (ex husbands sister) and brother in law (ex husband brother are both willing to give statements that my children are under my custody.
What can we do for us to be able to bring my children with me in Canada without my ex husband consent? Will the IRCC officer honor my statement including my ex husbands siblings statements proving I have full custody of my children and that I did not receive any voluntary support from my ex husband? Please let me know are chances with our application with my children. Thank you

 

[scylla]

Hi. Good Day. I hope someone here can advise me regarding my concern.
My gf and I (same sex) are currently applying for Conjugal Sponsorship. We hired a visa consultancy and we were asked to provide consent form for my 2 kids. Unfortunately, my ex husband wont cooperate and sign the consent form for my children. He was never present nor active in my childrens lives for 9 years since we got separated. He's been living in the US since 2012 and I have full custody of the kids. My kids never got any family/financial support from him unless asked. No voluntary support was given to them. I raised and took care of my kids for a long time without his help. I was also asked to provide custody documents but I dont have any of it. But my kids can attest that I was the only person who provided everything for them and who took care of them. Even my sister in law (ex husbands sister) and brother in law (ex husband brother are both willing to give statements that my children are under my custody.
What can we do for us to be able to bring my children with me in Canada without my ex husband consent? Will the IRCC officer honor my statement including my ex husbands siblings statements proving I have full custody of my children and that I did not receive any voluntary support from my ex husband? Please let me know are chances with our application with my children. Thank you

You need to prove that you have sole legal custody - meaning that sole custody was awarded to you by the courts / legal system of your home country. Otherwise you don't really have sole custody. Did you go through a court or arbitration process with your ex to obtain sole legal custody of your children? These are the documents you need to provide.

 

[Sarah0018]

You need to prove that you have sole legal custody - meaning that sole custody was awarded to you by the courts / legal system of your home country. Otherwise you don't really have sole custody. Did you go through a court or arbitration process with your ex to obtain sole legal custody of your children? These are the documents you need to provide.

he was in the US when he filed for a divorce and I am here in the Philippines. After signing the divorce paper, since I was left back here in Ph with my kids and he is not physically present here, we didnt go through court process with the sole custody. I cannot remember if he did file for it coz it was a long time ago. Is there anything I can do about this? Will my kids application possibly get declined because I cant provide a consent letter from my ex husband? Will my statement and my ex husband siblings statement wont be enough to get IRCCs favor?

 

[scylla]

he was in the US when he filed for a divorce and I am here in the Philippines. After signing the divorce paper, since I was left back here in Ph with my kids and he is not physically present here, we didnt go through court process with the sole custody. I cannot remember if he did file for it coz it was a long time ago. Is there anything I can do about this? Will my kids application possibly get declined because I cant provide a consent letter from my ex husband? Will my statement and my ex husband siblings statement wont be enough to get IRCCs favor?

To the best of my knowledge you either need your ex to sign the consent forms or you need court paperwork stating you have sole custody.

A statement from your ex husband's siblings won't be of any help.

I'm not familiar with laws in the Philippines. Maybe there is a different document you can provide from the court process you went through. I would wait for others to comment.