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Need Advice: Non-accompanying spouse/child in EE profile!

armoured

VIP Member
Feb 1, 2015
17,688
9,180
HELLO there, I almost have same situation, please I need help. I just got my pr last August and when I saw my ecopr, it says I don't have dependent but I do declare my non accompanying Canadian citizen son who born and currently in Philippines. I am wondering how could I get him from Philippines, he only have proof of Canadian citizenship certificate , he doesn't have passport. My ex and I had divorced and no contact with each other long time ago.
Your boy did not need to be declared (except as a family member) - as a citizen already, his immigration status is unaffected by yours. So no worry that it is not on the eCOPR - it would only show dependents who are not already citizens or PRs.

He will need to get a Canadian passport. Note, to join you, you will almost certainly need a court order for sole custody* or the father's permission to take him out of country (and possibly to get the passport, too, I don't recall).

*In some countries mothers have automatic or default sole custody, sometimes up to a certain age, that's a domestic matter in PH. If the father cannot be found, most countries will have a procedure to grant sole custody, but that can be lengthy. Your best bet by far is to find the father and convince him to sign off the docs.
 

Riz06

Member
Apr 26, 2024
16
1
Your boy did not need to be declared (except as a family member) - as a citizen already, his immigration status is unaffected by yours. So no worry that it is not on the eCOPR - it would only show dependents who are not already citizens or PRs.

He will need to get a Canadian passport. Note, to join you, you will almost certainly need a court order for sole custody* or the father's permission to take him out of country (and possibly to get the passport, too, I don't recall).

*In some countries mothers have automatic or default sole custody, sometimes up to a certain age, that's a domestic matter in PH. If the father cannot be found, most countries will have a procedure to grant sole custody, but that can be lengthy. Your best bet by far is to find the father and convince him to sign off the docs.
Zhi there, thanks for your informative response..yeah that's what I'm currently doin ..i applied for his passport here tho they asked me where's my son..i told them he's currently in Philippines ..so they told me, i need someone or de facto to applied for him there in Philippines in Canadian embassy. Also needed my consent and the custody .. regarding custody.. I'm sole custody of my son..should i get a legal paper here or is it enough for me to submit all those legal papers i have from Philippines
 

Riz06

Member
Apr 26, 2024
16
1
Your boy did not need to be declared (except as a family member) - as a citizen already, his immigration status is unaffected by yours. So no worry that it is not on the eCOPR - it would only show dependents who are not already citizens or PRs.

He will need to get a Canadian passport. Note, to join you, you will almost certainly need a court order for sole custody* or the father's permission to take him out of country (and possibly to get the passport, too, I don't recall).

*In some countries mothers have automatic or default sole custody, sometimes up to a certain age, that's a domestic matter in PH. If the father cannot be found, most countries will have a procedure to grant sole custody, but that can be lengthy. Your best bet by far is to find the father and convince him to sign off the docs.
but what about tourist visa? is it possible i could get my son from Philippines by tourist visa and then just apply canadian passport here?
 

armoured

VIP Member
Feb 1, 2015
17,688
9,180
Also needed my consent and the custody .. regarding custody.. I'm sole custody of my son..should i get a legal paper here or is it enough for me to submit all those legal papers i have from Philippines
You need legally recognized custody. De facto custody (i.e. your factual and physical custody since birth) will not be sufficient. Since the child is in the PH and the father is a PH citizen, you almost certainly will need a PH legal custody document of some sort - but start by inquiring there.
 
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Riz06

Member
Apr 26, 2024
16
1
Your boy did not need to be declared (except as a family member) - as a citizen already, his immigration status is unaffected by yours. So no worry that it is not on the eCOPR - it would only show dependents who are not already citizens or PRs.

He will need to get a Canadian passport. Note, to join you, you will almost certainly need a court order for sole custody* or the father's permission to take him out of country (and possibly to get the passport, too, I don't recall).

*In some countries mothers have automatic or default sole custody, sometimes up to a certain age, that's a domestic matter in PH. If the father cannot be found, most countries will have a procedure to grant sole custody, but that can be lengthy. Your best bet by far is to find the father and convince him to sign off the docs.
You need legally recognized custody. De facto custody (i.e. your factual and physical custody since birth) will not be sufficient. Since the child is in the PH and the father is a PH citizen, you almost certainly will need a PH legal custody document of some sort - but start by inquiring there.
nope, he's father is canadian citizen..we we're divorced now,the thing is he didn't declared our son in the divorce ,the time i was in Philippines..sorry it's really complicated..my son has dual citizenship
 

Riz06

Member
Apr 26, 2024
16
1
nope, he's father is canadian citizen..we we're divorced now,the thing is he didn't declared our son in the divorce ,the time i was in Philippines..sorry it's really complicated..my son has dual citizenship
 

steaky

VIP Member
Nov 11, 2008
14,891
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nope, he's father is canadian citizen..we we're divorced now,the thing is he didn't declared our son in the divorce ,the time i was in Philippines..sorry it's really complicated..my son has dual citizenship
Then get a Canadian passport for your son and get his dad signed a letter for permitting to depart from the country.
 

armoured

VIP Member
Feb 1, 2015
17,688
9,180
nope, he's father is canadian citizen..we we're divorced now,the thing is he didn't declared our son in the divorce ,the time i was in Philippines..sorry it's really complicated..my son has dual citizenship
Okay, you've left out things that are pretty important (in telling us I mean) - the father being a Canadian citizen is relevant, and also matters where the father resides now. I presume you mean the father resides in Canada. Are you or can you be in touch with the father?

Again, your issue will be getting a Canadian passport and exit from PH for the boy - he will probably have to leave PH on his PH passport. But will need the Canadian passport to board the plane and be admitted to Canada - and as far as I'm aware that will need the father to sign off on this (or full legal custody).

Now, if BOTH parents are residing in Canada, then it should be easier to get whatever is needed on PH side for them to let him leave the country. Note I said 'should' - you will have to clarify what the requirements are.
 
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Riz06

Member
Apr 26, 2024
16
1
Okay, you've left out things that are pretty important (in telling us I mean) - the father being a Canadian citizen is relevant, and also matters where the father resides now. I presume you mean the father resides in Canada. Are you or can you be in touch with the father?

Again, your issue will be getting a Canadian passport and exit from PH for the boy - he will probably have to leave PH on his PH passport. But will need the Canadian passport to board the plane and be admitted to Canada - and as far as I'm aware that will need the father to sign off on this (or full legal custody).

Now, if BOTH parents are residing in Canada, then it should be easier to get whatever is needed on PH side for them to let him leave the country. Note I said 'should' - you will have to clarify what the requirements are.
yeah we both residing in Canada, tho i have no longer any contact with the father..only my son's grandfather

thanks so much, i already asked the manila Philippines consulate ..there in canadian embassy..i need to get a consent letter from me..no need for father signature..am just worried if they still ask for full custody since i put in passport application that we're divorced
 
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armoured

VIP Member
Feb 1, 2015
17,688
9,180
yeah we both residing in Canada, tho i have no longer any contact with the father..only my son's grandfather
I would suggest you reach out, through the grandfather, to note that you may need his signature for some legal stuff that is in the boy's interests. Ask the grandfather to be prepared to help you out by dealing with the father for you.
 

Bernice08

Newbie
Dec 14, 2024
2
0
Need advice!

My CRS score difference is ~14 between accompanying and non-accompanying spouse. Now, Open Work Permit will be expiring Sep 2025 for both.

Currently primary applicant is in Canada and spouse + Canadian Born Citizen daughter are outside Canada and hence non-accompanying the main applicant.

What if I first put my file alone with spouse as non-accompanying and sure to add daughter also. Then Hopefully get ITA, file for BOWP and then extend spouse's SOWP.

And after I get my PR apply for spouse PR will that work? is it allowed ? is there any misrepresentation possibility here?

Any CRS point benefit by having a Canadian citizen child?

Or should just apply together and get PR together.

Appreciate any guidance/help on this. Thank you.
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