HELP- can i apply PR for me and my son

[vijay1]

Hi,

I am working in Canada for last two years and qualify the requirement for CEC class. Can I apply PR for me and my son (stays with me in Canada). My husband don't want to apply for PR now and is not residing in Canada. Can i apply for both of us without my spouse.

Please advise.

 

[jes_ON]

If you apply without your husband, you would never be able to sponsor him in the future. If he decided later that he wanted to come to Canada, he would have to qualify on his own.

As well, you would likely have to have a legal custody arrangement in place where your husband agrees to having your son live in Canada. If this is an issue, you might want to consult an immigration lawyer.

If he agrees, it would be much better to include your husband on the application. Yes, he would have to undergo a medical etc., but he does not have to actually move to Canada if he chooses not to. That would leave open the option for him to join you at a later date.

 

[vijay1]

Hi,

just one clarification, if my husband doesn't want to apply for PR along with us (me and my son), whether his medical is still a mandatory requirement for our PR or not.

Secondly my son is now 12 years of age and lives in Canada only. Whether his custody in my favour is required for filling or not.

please please advise.

 

[jes_ON]

just one clarification, if my husband doesn't want to apply for PR along with us (me and my son), whether his medical is still a mandatory requirement for our PR or not.

No, not if you formally exclude him from the application. I don't know if this will seem odd without being legally divorced. You may benefit from a consultation with an immigration lawyer.


Secondly my son is now 12 years of age and lives in Canada only. Whether his custody in my favour is required for filling or not.

I don't know if you have to have legal custody or if written consent from the father is sufficient -

See the OP 1, p. 9-10.
http://www.cic.gc.ca/english/resources/manuals/op/op01-eng.pdf

Again, you may benefit from a consultation with an immigration lawyer.