INLAND SPONSORSHIP ADVICE - CIC Requesting Documents we do not have

[Kyrgyz-Canada]

Hi all:

I'll try to make this as straight forward as possible.

I submitted an inland sponsorship back in early 2014 for my wife and step-daughter who are with me here in Canada. We finally got a response yesterday via email and they're requesting documents from my wife/daughter: copies of valid passports for both of them, information about criminal charge from back home (will explain below) and completed IMM 5604 Declaration (form signed by non-accompanying parent). Now for some more information.

Before the sponsorship application was submitted (and while we were dating back in 2013), my wife was in the middle of claiming refugee status (escaping abusive ex-husband from back home and to come be with her family here). She came with her daughter but without proper permission from daughter's biological father so it was done a little "sneakily". Documents were handed over to refugee board and they still have it. Last year, the biological father tried to press charges for kidnapping and I think CIC caught hold of that and wants more information. As well, CIC is requesting a completed IMM 5604 form which the biological father would have to fill out (this is impossible).

Now getting to my question. Most of these documents will be very difficult/impossible to get. I spoke with CIC today and they essentially said that whatever documents cannot be provided, a letter of explanation should be provided instead. Has anyone had a similar experience where documents could not be provided and a letter of explanation was sent instead? What was CIC's response to it afterwards? I feel as though the explanations will be a similar experience to the explanations during the refugee process...

Thanks in advance for any guidance!

 

[truesmile]

That's exactly what the CIC wants to avoid, being accused of aiding and abetting kidnappers. Let's face it, that's what it is. Your application is dead in the water without the biological father's consent.

 

[scylla]

That's exactly what the CIC wants to avoid, being accused of aiding and abetting kidnappers. Let's face it, that's what it is. Your application is dead in the water without the biological father's consent.

I agree this case is extremely complex.

CIC is bound by the Hague Convention which requires parental consent to move/remove a child from a country.

If you aren't already working with an excellent lawyer, I would start now.

 

[Kyrgyz-Canada]

I agree this case is extremely complex.

CIC is bound by the Hague Convention which requires parental consent to move/remove a child from a country.

If you aren't already working with an excellent lawyer, I would start now.

It's incredibly complex which is why we originally were sticking with the refugee claim process (with a lawyer) but then received recommendations to start sponsorship process (which we chose to on our own).

Does anyone know, if the sponsorship process falls through, will it simply resort back to the refugee process?

 

[zardoz]

It's incredibly complex which is why we originally were sticking with the refugee claim process (with a lawyer) but then received recommendations to start sponsorship process (which we chose to on our own).

Does anyone know, if the sponsorship process falls through, will it simply resort back to the refugee process?

Given that CIC are now aware of both the kidnapping charge and the lack of parental permission, I suspect that your problems will not end with the sponsorship refusal. CIC may take the view that the child should be returned back to their home country for the legal system there to handle, rather than approve of an illegal transfer of the child away from a non-consenting biological parent.