Manila, Philippines - Spouse + Illegitimate Dependent Child.

[Survivor27]

This thread is addressed to Filipino nationals who are being sponsored, already sponsored, and have/had an illegitimate child.

Would very much appreciate sharing your experience here to help out those who are still in the process of completing their applications just like me In my case, I already have an Affidavit of Sole Parental Authority and Illegitimacy. Too, I'm still exerting all efforts that I can to gather more supporting documents and hoping that CIC will accept once our application is sent and filed. Other documents that I plan to attach to our application with regards to my children is a Solo Parent ID from DSWD and a copy of their Administrative Order which is an Omnibus Guidelines For Minors Travelling Abroad. There will also be a cover letter on top of the documents mentioned.

Here is my case:
- My first born's birth certificate (BC) has no mention of the biological father's name on it and my child's BC is registered using my name. Bio-father though has died when my child was only 2 years old.

- My 2nd child's birth certificate has the biological father's name on it but still, my child's BC is registered using my name. I've already tried contacting the bio-father of my 2nd child to have him sign the IMM5604 but I am getting no answer and the number that I have for him is already a non-active number.

To those who already have gone through this kind of "stress", please share what have you done, how long it took for you to finally convince CIC with regards to your dependent child?

Were you really forced to locate the "other parent" of the child and have the IMM5604 signed?

It says on the form that it is to be filled-out by non-accompanying parent/guardian. You think I can have my mother or, my older brother to be the "guardian" and have either one of them sign the form? But as per IMM5406 on Additional Family Info, their address is different from mine and my children's address. Both my children are living with me since birth and no monetary support is ever received from their bio-father.

Hoping for some enlightenment from anyone. TIA.

 

[Aquakitty]

I don't know the laws of Philippines specifically but in general, if you have full custody or the equivalent, you don't need "permission" from the other parent. If no such thing exists there, you need to document your attempts at contacting him.

For child 1, a death certificate for the father should be sufficient.

 

[canadianwoman]

Don't have your mother or brother sign as the guardian. They aren't, and it will just make the visa officer suspicious.

 

[Filipinay]

This thread is addressed to Filipino nationals who are being sponsored, already sponsored, and have/had an illegitimate child.

Would very much appreciate sharing your experience here to help out those who are still in the process of completing their applications just like me In my case, I already have an Affidavit of Sole Parental Authority and Illegitimacy. Too, I'm still exerting all efforts that I can to gather more supporting documents and hoping that CIC will accept once our application is sent and filed. Other documents that I plan to attach to our application with regards to my children is a Solo Parent ID from DSWD and a copy of their Administrative Order which is an Omnibus Guidelines For Minors Travelling Abroad. There will also be a cover letter on top of the documents mentioned.

Here is my case:
- My first born's birth certificate (BC) has no mention of the biological father's name on it and my child's BC is registered using my name. Bio-father though has died when my child was only 2 years old.

- My 2nd child's birth certificate has the biological father's name on it but still, my child's BC is registered using my name. I've already tried contacting the bio-father of my 2nd child to have him sign the IMM5604 but I am getting no answer and the number that I have for him is already a non-active number.

To those who already have gone through this kind of "stress", please share what have you done, how long it took for you to finally convince CIC with regards to your dependent child?

Were you really forced to locate the "other parent" of the child and have the IMM5604 signed?

It says on the form that it is to be filled-out by non-accompanying parent/guardian. You think I can have my mother or, my older brother to be the "guardian" and have either one of them sign the form? But as per IMM5406 on Additional Family Info, their address is different from mine and my children's address. Both my children are living with me since birth and no monetary support is ever received from their bio-father.

Hoping for some enlightenment from anyone. TIA.

Hello,

Same boat here as u are, what I did was to file a petition for legal custody in the Philippines. It took me almost 2 years to get the decision. That means a trip back home twice to attend the hearing. Fortunately, Full custody was granted to me. After 2 years, I was able to speak with my ex and convinced him to sign the IMM5604 by making him realize that it is for our child's future. Before CIC will request for medical for your dependant, they would ask for the signed IMM5604. I submitted both the IMM5604 and a notarized court's decision granting me full custody.
I suggest that as early as now, secure a custody paper..Sorry I may have overlooked your post, is ur child illegitimate? coz as per the Philippine law, children under 7 years of age is under the mother's custody. U might wanna speak to a family lawyer.

Hope this helps!

 

[Survivor27]

Appreciate the replies and advice.

@Filipinay, yes, they are illegitimate, and the Philippine law and family code Article 176 stated that the mother is automatically granted sole parental authority, therefore no court hearing is needed. But I was told that Canada is after the international law. Oh well... I'm still hoping I will be able to to find the bio-pa of my 2nd child and hoping he will cooperate and sign the IMM5604.

 

[Filipinay]

Appreciate the replies and advice.

@Filipinay, yes, they are illegitimate, and the Philippine law and family code Article 176 stated that the mother is automatically granted sole parental authority, therefore no court hearing is needed. But I was told that Canada is after the international law. Oh well... I'm still hoping I will be able to to find the bio-pa of my 2nd child and hoping he will cooperate and sign the IMM5604.

and yes I believe you on the family code but CIC wouldn't know that unless you submit a document from a lawyer or the court stating that law and I pray that your ex will cooperate in signing the IMM5604. Or, make a detailed letter to CIC of your effort to locate your ex but to no avail. Good luck!

 

[damselindistress]

Re: Manila, Philippines - Illegitimate Child, proof of sole parental custody

Pls. advise: CIC is requesting an IMM5604 signed by the biological father of my daughter, if unable, court order is required. My daughter's father and I are not married, however, she uses her father's last name because she was acknowledged at birth. We did not end up together and I have not spoken to him for 8 years and he stopped visiting my daughter since 2009. My daughter is with my mother since I came here in Canada in 2010. I filed for her application but CIC is requesting the above documents. Any successful resolutions here so far where you don't need to go to the court? Unfortunately, I have no idea about his whereabouts and for me, for a child being abandoned, is affidavit of illegitimacy enough to satisfy CIC's requirement, re: custody? PLEASE, any advise regarding this matter is helpful.

 

[Survivor27]

Re: Manila, Philippines - Illegitimate Child, proof of sole parental custody

Pls. advise: CIC is requesting an IMM5604 signed by the biological father of my daughter, if unable, court order is required. My daughter's father and I are not married, however, she uses her father's last name because she was acknowledged at birth. We did not end up together and I have not spoken to him for 8 years and he stopped visiting my daughter since 2009. My daughter is with my mother since I came here in Canada in 2010. I filed for her application but CIC is requesting the above documents. Any successful resolutions here so far where you don't need to go to the court? Unfortunately, I have no idea about his whereabouts and for me, for a child being abandoned, is affidavit of illegitimacy enough to satisfy CIC's requirement, re: custody? PLEASE, any advise regarding this matter is helpful.

Hi, in my case, I did execute an Affidavit of Sole Parental Authority and Illegitimacy. After several months though, I was able to get the father of my 2nd child signed the IMM5604 but later realized the form signed is outdated as the new form based on recent Guide 3905 is now dated 05.2016. I am hopeful that CIC will still accept the IMM5604 I got signed and notarized as it is very difficult to get the bio-pa sign the form initially.

In your case, you may also execute an Affidavit if you wish to. Then on top of that, have a written explanation as to the situation you have had with the father of your child, that you have done all the possible efforts you can but to date and for no. of years, that you do not have a clue where he is now. Explain or mention also about the Philippines Family Code, Article 176, wherein the mother has the sole parental authority if the child is illegitimate.

In the meantime, you may still want to get a hold of the family or friends of the guy and ask his whereabouts. I know this is hard as I, myself, never wanted to have anything at all to the father of my child. But with our application and the required form by CIC, I did not have a choice. Lucky enough that he did not make anymore excuses and finally signed the form after several months of tracking him down. If you can get a hold of him, be as nice as you can for the time being. Important thing is to get the form signed esp that your child is using his name. Mine does not despite he acknowledged the BC.

Good luck to your app!

 

[gig-gig]

Re: Manila, Philippines - Illegitimate Child, proof of sole parental custody

Pls. advise: CIC is requesting an IMM5604 signed by the biological father of my daughter, if unable, court order is required. My daughter's father and I are not married, however, she uses her father's last name because she was acknowledged at birth. We did not end up together and I have not spoken to him for 8 years and he stopped visiting my daughter since 2009. My daughter is with my mother since I came here in Canada in 2010. I filed for her application but CIC is requesting the above documents. Any successful resolutions here so far where you don't need to go to the court? Unfortunately, I have no idea about his whereabouts and for me, for a child being abandoned, is affidavit of illegitimacy enough to satisfy CIC's requirement, re: custody? PLEASE, any advise regarding this matter is helpful.

Hi. I am in the same situation. Do you mind sharing what happened to you application and what steps you took? TIA