divorced and married again

[Rick67]

Hi everybody,

I've got divorced 5 years ago. A few years ago I've got married again, and now we are planning to apply for Manitoba Provincial Nominee Program.
I have two boys who live with their mother (my ex-wife) and are not coming with us.
As part of our divorce agreement, she has the custody over our children and I monthly pay alimony to her.
Do I need to include in my documentation a special letter or authorization signed by her?
Giving her agreement for my leaving to Canada.

 

[Leon]

She doesn't have to agree to you leaving but you must add the children to your application as your non-accompanying dependants. For that you will need to get their medicals or if the ex refuses that, you need to get it documented that she has sole custody and refuses although that would cause you to be unable to ever sponsor them in the future.

 

[Rick67]

Hi Leon,

Thank you very much for your reply!!
Do you have any idea or suggestion on how to document her decision, in the case she does as mentioned in your example?

 

[Leon]

It is best to try to talk her into allowing the medicals because even though it is not your plan to take them at the moment, it is possible that something happens to her at some point and then you would not be able to bring them to Canada to live with you. It is also possible that when they grow up, they would like to spend a year in Canada and stay with you and study or work and if they didn't have the medicals, you still can not sponsor them and they might not thank her for that in the future.

If she still flat out refuses, you must write a statement saying that she has full custody, refuses the medicals and that you realize that this will prevent you from ever sponsoring them. Then try to get evidence that backs up everything you said like custody papers and a letter from the ex or at the very least an email from her.

 

[Rick67]

Thanks again, Leon!

Have you heard about a real case more or less like the one you describe?

 

[Leon]

Yes, there have been plenty of cases like that on this forum. Immigration will want to know that you have tried your best to get your ex wife to agree to the medicals.

 

[Ritangel]

It is best to try to talk her into allowing the medicals because even though it is not your plan to take them at the moment, it is possible that something happens to her at some point and then you would not be able to bring them to Canada to live with you. It is also possible that when they grow up, they would like to spend a year in Canada and stay with you and study or work and if they didn't have the medicals, you still can not sponsor them and they might not thank her for that in the future.

If she still flat out refuses, you must write a statement saying that she has full custody, refuses the medicals and that you realize that this will prevent you from ever sponsoring them. Then try to get evidence that backs up everything you said like custody papers and a letter from the ex or at the very least an email from her.

Hae,
Leone, please help me, i have tried to look for a post that has this kind of situation but this is close to that.
I am in a relationship with a canadian fiance, we plan to wed soon.
He had been married before and now divorced (for five years now) and have three children together. The children live with their mother though he has visitation rights.
I used to live with my boyfriend n together we got two children of which we never wed and never did any customary marriage, so can have nothing to prove that we were together except for the two children. Now my problem is, both my children have their dad's name though he does not assist in any way, and we don't stay together. I wonder if it will be a complicating issue on my part, and what i should do to easen the situation. My Canadian fiance is more than willing to do everything to see things come through. We got connected 3months ago but i have known him for close to 11 years then we lost touch.Pls help

 

[SenoritaBella]

Hae,
I used to live with my boyfriend n together we got two children of which we never wed and never did any customary marriage, so can have nothing to prove that we were together except for the two children.
Do you have bills, a lease, car loan, credit cards, or bank accounts that you jointly owned? What about photos?

Now my problem is, both my children have their dad's name though he does not assist in any way, and we don't stay together. I wonder if it will be a complicating issue on my part, and what i should do to easen the situation. My Canadian fiance is more than willing to do everything to see things come through. We got connected 3months ago but i have known him for close to 11 years then we lost touch.Pls help
He is their biological father and eventhough he doesn't assist in any way, you can not assume that he has given up his parental rights. You will need his cooperation if you want to bring the kids to Canada, so it is best to be diplomatic about it. If he refuses, it may complicate matters for you. You may want to consult a family law attorney in your country of residence for advice.

 

[Leon]

I used to live with my boyfriend n together we got two children of which we never wed and never did any customary marriage, so can have nothing to prove that we were together except for the two children. Now my problem is, both my children have their dad's name though he does not assist in any way, and we don't stay together. I wonder if it will be a complicating issue on my part, and what i should do to easen the situation.

You need to show that you have full custody of the children. Do you have any kind of court order saying that you do? If not, you should see about getting one.

 

[Ritangel]

Senorita, thanks for your input. We no longer stay together, and in Kenya, such things are not looked into so much, like helping your kids apart from now that u have to force it by going to courts to make him assist.
Leon, thanks for the input, I don't have that. Maybe i should opt in getting one incase it might bring problems later on.
Another question Leon, and if the kids do the medical then i should sponsor them later on, how long can it take before they join me

 

[Leon]

Your fiance, soon to be husband can include your kids in your sponsorship or are you planning on leaving them behind? The only problem is like I said, the full custody. Immigration would like to know that either you have full custody or the father of the children allows their immigration.

If your soon to be husband does not want to sponsor your kids or you end up having a problem with the custody issue, you could list them as not accompanying in order to be able to sponsor them later on. They will have to have the medicals. Once you apply to sponsor them, they will most likely need new medicals unless you do it right away because the medicals are only valid for a year and their sponsorship will likely have a similar processing time as yours did, maybe a bit shorter because they are children and don't need thorough background checks. It also depends on how fast is the visa office in your homeland.

 

[Ritangel]

Your fiance, soon to be husband can include your kids in your sponsorship or are you planning on leaving them behind? The only problem is like I said, the full custody. Immigration would like to know that either you have full custody or the father of the children allows their immigration.

If your soon to be husband does not want to sponsor your kids or you end up having a problem with the custody issue, you could list them as not accompanying in order to be able to sponsor them later on. They will have to have the medicals. Once you apply to sponsor them, they will most likely need new medicals unless you do it right away because the medicals are only valid for a year and their sponsorship will likely have a similar processing time as yours did, maybe a bit shorter because they are children and don't need thorough background checks. It also depends on how fast is the visa office in your homeland.

Thanks Leon for your answers!!!!. He has no problem sponsoring them, just that we both want to prepare ourselves incase their biological father refuses to let them accompany me even though I live with them. I will try n get the custody letter just incase he brings problems later on.