humanitarian sponsor

[susana]

I am sorry but you don't know what i was going through to say that i leave my son for the getting my PR. The embassy keep my application FOR ONE YEAR because of the decision of the Consul. I was advised to remove my son and get my PR then coming back to my country to find a solution to my son's problem, I never left my son and gave him my back and al the suffering I am going through now because i want to raise my son in Canada

You got the wrong advise, you are going to face the same situation now as you might need to get your ex husband permision for the child to immigrate to Canada anyways. You will have to sponsor your child and request humanitarian considerations but still bringing a child without his parent permision is quite dificult, even though you have custody of the child. Your husband could acuse you of kidnaping his child and CIC could be face a millionaire lawsuit for allowing your child to immigrate.

 

[Lotus2015]

You got the wrong advise, you are going to face the same situation now as you might need to get your ex husband permision for the child to immigrate to Canada anyways. You will have to sponsor your child and request humanitarian considerations but still bringing a child without his parent permision is quite dificult, even though you have custody of the child. Your husband could acuse you of kidnaping his child and CIC could be face a millionaire lawsuit for allowing your child to immigrate.

as far as i know my ex has not the right to case the CIC as they follow the Canadian laws only and not my country laws. any way thank you fro your concern and response

 

[susana]

If you are currently in Egypt, try to obtein a court order allowing you to take your child to Canada , if you can get it, submit a sponsorhip application and request an exemption under H&C.
I'll recomend you to seek legal advise for submission. Send my a private message with your personal email to recommend a professional in Canada with experience in cases like yours .

 

[Lotus2015]

If you are currently in Egypt, try to obtein a court order allowing you to take your child to Canada , if you can get it, submit a sponsorhip application and request an exemption under H&C.
I'll recomend you to seek legal advise for submission. Send my a private message with your personal email to recommend a professional in Canada with experience in cases like yours .

Thank you for your kind response. Should I get a court order that allow my son to come or immigrate to Canada?

 

[canuck_in_uk]

If you are currently in Egypt, try to obtein a court order allowing you to take your child to Canada , if you can get it, submit a sponsorhip application and request an exemption under H&C.

There are no H&C grounds in this situation. H&C cannot overrule a child custody dispute.

Thank you for your kind response. Should I get a court order that allow my son to come or immigrate to Canada?

You've stated several times that you have full custody of your child but have not stated what proof of custody you have. Do you have an official decree from the courts giving you complete custody or do you just have full custody by default because your ex doesn't want to be involved?

 

[Lotus2015]

There are no H&C grounds in this situation. H&C cannot overrule a child custody dispute.

You've stated several times that you have full custody of your child but have not stated what proof of custody you have. Do you have an official decree from the courts giving you complete custody or do you just have full custody by default because your ex doesn't want to be involved?

I have the full custody through a court order

 

[susana]

There are no H&C grounds in this situation. H&C cannot overrule a child custody dispute.

she has a legal document showing full custody of the child but stlll The Visa Office requested a written permission of the NON custodial parent. She presented the court document and other proof and still the Visa office kept asking for the parental consent.(as her previous comments). She is apparently now in Egypt with her son.

There is grounds for an H&c to request an exemption to provide the written permission as the father does not have shared custody and is in benefit of the child to be with his mother.

If she can obtain a court order to allow the child to immigrate to Canada it will make her application stronger .

 

[canuck_in_uk]

There is grounds for an H&c to request an exemption to provide the written permission as the father does not have shared custody and is in benefit of the child to be with his mother.

If she can obtain a court order to allow the child to immigrate to Canada it will make her application stronger .

Again, that is not grounds for H&C. It is regular procedure to exempt a parent with full custody from providing consent from the non-immigrating parent. There have been many other people on here in the same situation. Some were requested to provide the consent; they fought back with proof of full custody and had no further issue.

It looks like OP received bad advice the last time around to list her son as non-accompanying; had she fought CIC with the proofs she had, she would have been exempted.

 

[Lotus2015]

Again, that is not grounds for H&C. It is regular procedure to exempt a parent with full custody from providing consent from the non-immigrating parent. There have been many other people on here in the same situation. Some were requested to provide the consent; they fought back with proof of full custody and had no further issue.

It looks like OP received bad advice the last time around to list her son as non-accompanying; had she fought CIC with the proofs she had, she would have been exempted.

do you mean that I am able to sponsor my son with custody only without either a court order or a consent of non accompanying father? I already submitted it before when my son was in my application package but the visa office insists in getting the consent

 

[canuck_in_uk]

do you mean that I am able to sponsor my son with custody only without either a court order or a consent of non accompanying father? I already submitted it before when my son was in my application package but the visa office insists in getting the consent

You said you have a court order giving you full custody. You should have really fought CIC over that request. The reason they ask for the consent form is to cover their legal bases in regards to abetting an international kidnapping. If you have complete physical custody, CIC can legally allow the child to immigrate without the chance of violating those laws.