I sponsored my wife to Canada for her masters programme, which she has since completed, after asking her to return with the children, she has refused and intends to apply for permanent residency for my children without my consent. I would like to know what are the legal options open to her as i have been told she intends to fabricate stories about me and apply for asylum if the permanent residency is not granted.
Immigrating to Canada by a parent with children without the consent of the other parent.
- Thread starter malliki
- Start date
Others can comment as well but maybe you need to consult a family lawyer in your home country to maybe fomalise your status with the children there so that if any stories are fabricated you can preempt any enquiries by anybody Canada immigration included.
Generally children need both parents agreement for immigration and there are other steps where family members accompanying or not need to be overcome such as medicals. Are you divorcing might be another question ?
Just my personal view by the way but securing home country position with the children might be a start although maybe not a good idea initially to let your wife know until you have all the facts.
Asylum by the way is not a straight forward option , usually only granted in some extreme circumstances such as escape from a war zone or persecution and can take years. So not I would think just to escape from domestic situations just because a PR application fails, that would require extensive proof such as police reports etc. so one sides word over the other would not fly on its own no matter what the fabrication..
Generally children need both parents agreement for immigration and there are other steps where family members accompanying or not need to be overcome such as medicals. Are you divorcing might be another question ?
Just my personal view by the way but securing home country position with the children might be a start although maybe not a good idea initially to let your wife know until you have all the facts.
Asylum by the way is not a straight forward option , usually only granted in some extreme circumstances such as escape from a war zone or persecution and can take years. So not I would think just to escape from domestic situations just because a PR application fails, that would require extensive proof such as police reports etc. so one sides word over the other would not fly on its own no matter what the fabrication..
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ok if she does not have a sole custody then no she cannot take them to Canada against your will, as that would be the same as kidnapping them.
Cases where somebody is unable to get medicals dones are for a different scenario. Somebody is immigrating without children and the other parent does not want to let them go through medicals (which even your non accompanying spouse and children have to go through). In that case such person can explained that they tried to get medicals but were not able to and they are aware that they could never ever sponsor those children / spouse.
Cases where somebody is unable to get medicals dones are for a different scenario. Somebody is immigrating without children and the other parent does not want to let them go through medicals (which even your non accompanying spouse and children have to go through). In that case such person can explained that they tried to get medicals but were not able to and they are aware that they could never ever sponsor those children / spouse.
She would need your permission or full legal custody for the children to immigrate. She could go to court to try to get full custody.