Need advice - Kids with US passport & custody case in India

[eksid]

Hi,
I am an Indian who has remarried & currently living in India. I have 2 kids (5 & 8) who were born in U.S. and hold U.S. passport. They live with me in India. However, I don't yet have the kids legal custody as the custody case is still going on in the Indian family court.

Under these circumstances, can I still go ahead & apply for Canadian PR for myself, my current husband & kids? Or should I wait to get the legal custody before applying for our entire family?
As U.S. Citizens, do the kids still need to apply for Canadian PR to live and study in Canada?
My mom & sister are both Canadian Citizens and live in Winnipeg, Canada. Will I be eligible under family class since I have them there?

Sorry if my questions sound too basic, but some clarity on this would help.

Regards
Eksid

 

[scylla]

You can apply for PR now. You don't have to wait until the custody case has been completed. However to take your kids out of your current country and move them to Canada, you will need their other parent's consent.

Yes - your children will need Canadian PR status to live and study in Canada.

No - having a Canadian citizen sisiter and mom will not allow you to be sponsored under Family Class. You will have to qualify for PR independently (e.g. through the skilled worker or provincial nominee streams).

 

[eksid]

You can apply for PR now. You don't have to wait until the custody case has been completed. However to take your kids out of your current country and move them to Canada, you will need their other parent's consent.

Yes - your children will need Canadian PR status to live and study in Canada.

No - having a Canadian citizen sisiter and mom will not allow you to be sponsored under Family Class. You will have to qualify for PR independently (e.g. through the skilled worker or provincial nominee streams).

Thanks for replying Scylla.....