IMM5604 Challenges

[bandwidth]

My common-law partner's ex-wife is not cooperating to sign IMM5604 to allow their child to immigrate to Canada. Their annulment case (Philippines) is ongoing and will take more years to finalize (those who are from Philippines know how difficult annulment is there). There's no child custody document yet.

The child has been living with the father in Philippines since she was 7 years old. She is now 13.

The mother who lives in another country made a decision not to leave that country yet 'cause that would remove her status as permanent resident of that country. Child visits her once or twice a year. Mother and child are separated since child's move to live with father.

My questions are:

1) What documents do you think should my common-law partner provide in absence of IMM5604 and child custody documents?
2) Would a letter be enough explaining why those documents are not available?
3) Is it possible to happen say CIC is not satisfied with letter (#2) and rejected dependant's application but still carry on with principal applicant's application?

Any thoughts or similar experiences will be highly appreciated.

Thank you.

 

[andrew3081]

If the mother does not want the child to immigrate to Canada, you will need to get a court order to show your common law was granted full custody of child (and it will take years because everything in Philippines is slow).

 

[AmyL]

If your partner has not completed the annulment process, I would imagine that you can't claim him as common law just yet because that would technically be a second marriage at the same time.

 

[YVR123]

If your partner has not completed the annulment process, I would imagine that you can't claim him as common law just yet because that would technically be a second marriage at the same time.

that's not true. one can be in a common-law relationship when they are still married with their spouse.