Need advice - visa/family issue

[aam08]

Hi,

I would like to ask a question on behalf of a relative "Irum"

Irum migrated to Canada with here husband and a boy almost 5 years ago and she has spend most of the previous five years in Canada. During this time she got two kids born in Canada. The husband applied for Canadian citizenship for himself and is a Canadian citizen but some how he didn't applied for Irum and the eldest son.

Until recently they went to visit Pakistan where Irum's husband left all of the family in Pakistan and he didn't gave them the travel documents. He is claiming that he no more wants to have the family. The husband is back in Canada.

• Irum and the eldest son are PR holder and just have copies of PR card and landing documents. PR card expiring in 2 months. Her husband told her that she will loose Canadian PR once the PR card expires.
• Two youngest kids Canadian citizen, Just have copies of Birth certificates and no travel document.

Unfortunate situation is that the eldest son, who is seven, is having a heart problem and was under treatment here in Toronto.

Irum wants to get the travel documents for the family so they can return and specially her eldest son can resume his heart treatment at the earliest.

What should she do to get the travel document to travel back to Canada at the earliest? Shall she hire a lawyer here to get travel documents back from husband?

Please advice.

 

[21Goose]

Hi,

I would like to ask a question on behalf of a relative "Irum"

Irum migrated to Canada with here husband and a boy almost 5 years ago and she has spend most of the previous five years in Canada. During this time she got two kids born in Canada. The husband applied for Canadian citizenship for himself and is a Canadian citizen but some how he didn't applied for Irum and the eldest son.

Until recently they went to visit Pakistan where Irum's husband left all of the family in Pakistan and he didn't gave them the travel documents. He is claiming that he no more wants to have the family. The husband is back in Canada.

• Irum and the eldest son are PR holder and just have copies of PR card and landing documents. PR card expiring in 2 months. Her husband told her that she will loose Canadian PR once the PR card expires.
• Two youngest kids Canadian citizen, Just have copies of Birth certificates and no travel document.

Unfortunate situation is that the eldest son, who is seven, is having a heart problem and was under treatment here in Toronto.

Irum wants to get the travel documents for the family so they can return and specially her eldest son can resume his heart treatment at the earliest.

What should she do to get the travel document to travel back to Canada at the earliest? Shall she hire a lawyer here to get travel documents back from husband?

Please advice.

1. Her husband is incorrect/lying. The PR card expiring will make no difference to her status as a PR. If she has lived in Canada for more than 730 days in the past 5 years, she has maintained her residency obligation and she will receive a PRTD to travel back to Canada.

She should immediately apply for a PRTD for herself and her elder son with the copies of the documents that she has. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-permanent-resident-travel-document.html

2. The younger kids are Canadian citizens so they should have no trouble getting a certificate of citizenship with a copy of their birth certificate. However, they will need a passport to travel and it might be difficult to get one if the parents are having marital issues.

She should immediately contact the Canadian Embassy and ask for help.

https://www.canadainternational.gc.ca/pakistan/index.aspx?lang=eng

Her children are Canadian citizens and the Canadian embassy is duty bound to help them out.

And most importantly, tell her not to worry and to take things one step at a time.

 

[21Goose]

She can use the Emergency Assistance option since she is asking for help on behalf of two minor Canadian citizens.

https://travel.gc.ca/assistance/emergency-assistance

 

[canuck78]

There are residency requirements to keep your OHIP valid even if you are a Canadian citizen and you have a valid OHIP card. How long have they all been out of Canada?

http://www.health.gov.on.ca/en/public/publications/ohip/short_absence.aspx

Irum also needs to find a place to live unless she currently has one, needs to file for divorce to start any support and custody process and also has to figure out how she will afford to support herself and her children. She also has to register the children in schools. Not only about securing identity documents. Why didn’t she file her own citizenship documents? Is she able to pass the language requirement?

 

[canuck_in_uk]

1. Her husband is incorrect/lying. The PR card expiring will make no difference to her status as a PR. If she has lived in Canada for more than 730 days in the past 5 years, she has maintained her residency obligation and she will receive a PRTD to travel back to Canada.

She should immediately apply for a PRTD for herself and her elder son with the copies of the documents that she has. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-permanent-resident-travel-document.html

2. The younger kids are Canadian citizens so they should have no trouble getting a certificate of citizenship with a copy of their birth certificate. However, they will need a passport to travel and it might be difficult to get one if the parents are having marital issues.

She should immediately contact the Canadian Embassy and ask for help.

https://www.canadainternational.gc.ca/pakistan/index.aspx?lang=eng

Her children are Canadian citizens and the Canadian embassy is duty bound to help them out.

And most importantly, tell her not to worry and to take things one step at a time.

To clarify, there is no need to apply for Certificates of Citizenship for the children, as they have Canadian birth certificates.

 

[21Goose]

To clarify, there is no need to apply for Certificates of Citizenship for the children, as they have Canadian birth certificates.

Only copies though - they may be paper copies that can wear out, tear, get washed out. Not sure if they are good quality copies either.

If something happens to the copies, it may be a hassle to get another set. That's why I suggested getting the certificate of citizenship and keeping it carefully.

Actually, you may know this - is the certificate of citizenship printed on regular paper stock? Or is it printed on the plastic stock (like the birth certificates)?

 

[canuck_in_uk]

Only copies though - they may be paper copies that can wear out, tear, get washed out. Not sure if they are good quality copies either.

If something happens to the copies, it may be a hassle to get another set. That's why I suggested getting the certificate of citizenship and keeping it carefully.

Actually, you may know this - is the certificate of citizenship printed on regular paper stock? Or is it printed on the plastic stock (like the birth certificates)?

They would need certified copies of the birth certificates to apply for the Certificates of Citizenship anyways. It is just an equivalent of a Canadian birth certificate as proof of citizenship.

She needs to get original birth certificates to apply for Canadian passports for the children.

 

[21Goose]

They would need certified copies of the birth certificates to apply for the Certificates of Citizenship anyways. It is just an equivalent of a Canadian birth certificate as proof of citizenship.

She needs to get original birth certificates to apply for Canadian passports for the children.

Thanks. Makes sense.

 

[aam08]

Thanks everybody for the reply.

They all went to Pakistan at the end of February 2019 and her husband came back to Canada at the end of March. I am not sure why they didn't applied for Irum and elder soon for the citizenship thought both has the residency requirement. Even Irum may need ESL but definitely the son was completely eligible.

Shall she hire a lawyer here in Canada to get the things settle with her husband and someone who have custody of the kids should have all the documents also, right?