Non-accompanying to accompanying dependent

[chloeilicious]

Hi guys! I just want know if someone has experienced the same situation as mine.

My PR application under spousal class sponsorship inside canada is already in the process. I Passed the eligibility and waiting for the background check to be completed only. I have non-accompanying dependent declared in my application and has done her medical exam as well. However, my ex partner has decided now that he will give the custody of my child to me. My question is, can I possibly change my non accompanying dependent to accompanying one while my PR application is still in the process? Pls. Advise

 

[armoured]

Hi guys! I just want know if someone has experienced the same situation as mine.

My PR application under spousal class sponsorship inside canada is already in the process. I Passed the eligibility and waiting for the background check to be completed only. I have non-accompanying dependent declared in my application and has done her medical exam as well. However, my ex partner has decided now that he will give the custody of my child to me. My question is, can I possibly change my non accompanying dependent to accompanying one while my PR application is still in the process? Pls. Advise

It is possible, although I do not know for certain the process to do so, I believe it is effectively as simple as submitting a revised application form (IMM0008) and other necessary forms (permission of the other parent, documentation about custody, and any additional fees payable). You prepare these and submit via webform. You would add the child to the dependents accompanying part, and should include a note about the child was previously examined and you are including documents about custody.

For background (if you wish to be convinced) you can look here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html
Note that the purpose of this document is mostly about lock-in age for dependent children and doesn't apply to your case. But it has the following text: "A non-accompanying child who meets the definition of dependent child at the age lock-in date can be added to the parent’s application as an accompanying dependant at any time during processing..." [the rest of the text is about lock-in age/age of the dependent and doesn't apply to your case.]

The procedure I noted above is bascally what is done to add a dependent (eg for someone adding a newborn) with the only difference being that you are changing one from non-accopmanying to accompanying.

If you wish to check, you can either try to contact IRCC by phone, try through your MP's office, or consult a lawyer. But honestly I think you will have to do what I said anyway and get the ball rolling, IRCC will surely ask for more if they need it.

 

[armoured]

I found this additional source, which also confirms that switching from non-accompanying to accompanying can be done, but without instructions on how to do so:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-circumstance.html

 

[chloeilicious]

It is possible, although I do not know for certain the process to do so, I believe it is effectively as simple as submitting a revised application form (IMM0008) and other necessary forms (permission of the other parent, documentation about custody, and any additional fees payable). You prepare these and submit via webform. You would add the child to the dependents accompanying part, and should include a note about the child was previously examined and you are including documents about custody.

For background (if you wish to be convinced) you can look here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html
Note that the purpose of this document is mostly about lock-in age for dependent children and doesn't apply to your case. But it has the following text: "A non-accompanying child who meets the definition of dependent child at the age lock-in date can be added to the parent’s application as an accompanying dependant at any time during processing..." [the rest of the text is about lock-in age/age of the dependent and doesn't apply to your case.]

The procedure I noted above is bascally what is done to add a dependent (eg for someone adding a newborn) with the only difference being that you are changing one from non-accopmanying to accompanying.

If you wish to check, you can either try to contact IRCC by phone, try through your MP's office, or consult a lawyer. But honestly I think you will have to do what I said anyway and get the ball rolling, IRCC will surely ask for more if they need it.

@armoured Thank you for the information. I appreciate it a lot. So my ex should get a new custody agreement from the court that I am now the sole custodian. Or his permission will do that he will allow our child to come in canada?

 

[armoured]

@armoured Thank you for the information. I appreciate it a lot. So my ex should get a new custody agreement from the court that I am now the sole custodian. Or his permission will do that he will allow our child to come in canada?

You should definitely get and submit with your revised the permission. They may also ask for custody info - there seems to be some variation depending on (I guess) jurisdiction/country of origin.

My suggestion would be to do the permission. And be prepared to get/provide (later) some explanation (if possible signed / confirmed by the spouse?) that you will be getting sole custody (or some version of custody that effectively allows you to be sole domestic parent). Sole custody would be cleaner of course but I think they're not outright opposed to hybrids where it's clear the parent in Canada is allowed to maintain the child in Canada. I believe IRCC would of course understand if getting court-confirmed custody package may take longer.

Put differently it should be possible to provide the other parent visitation rights or some package of parental rights that won't get IRCC exercised - but what precisely is needed and how it should be documented might get complicated (custody legal frameworks of two countries involved). It would be best to ensure, of course, that custody is sufficiently clear that eg the other parent can't keep the kid there after a visit.

This is not my area mind - as noted would be a lot easier if you're simply granted sole custody and everything else is handshake.

 

[chloeilicious]

You should definitely get and submit with your revised the permission. They may also ask for custody info - there seems to be some variation depending on (I guess) jurisdiction/country of origin.

My suggestion would be to do the permission. And be prepared to get/provide (later) some explanation (if possible signed / confirmed by the spouse?) that you will be getting sole custody (or some version of custody that effectively allows you to be sole domestic parent). Sole custody would be cleaner of course but I think they're not outright opposed to hybrids where it's clear the parent in Canada is allowed to maintain the child in Canada. I believe IRCC would of course understand if getting court-confirmed custody package may take longer.

Put differently it should be possible to provide the other parent visitation rights or some package of parental rights that won't get IRCC exercised - but what precisely is needed and how it should be documented might get complicated (custody legal frameworks of two countries involved). It would be best to ensure, of course, that custody is sufficiently clear that eg the other parent can't keep the kid there after a visit.

This is not my area mind - as noted would be a lot easier if you're simply granted sole custody and everything else is handshake.

@armoured - Thank you for your insights. This is very informative. I will get the permission first then the custody agreement to follow as i dont know how long will the court processing will be. Thank you again. Have a nice.

 

[armoured]

@armoured - Thank you for your insights. This is very informative. I will get the permission first then the custody agreement to follow as i dont know how long will the court processing will be. Thank you again. Have a nice.

Although I guess some ways away, note that some countries are picky about permissions and custody for children to travel with one parent (or a non-parent).

 

[MaggieO]

Good day. Please I have a question. I’m the PR principal applicant. And my husband who is an accompanying spouse had a son who is now late. We are to mention the boy in additional family information right? And what are the documents that should be uploaded as proof?

 

[armoured]

Good day. Please I have a question. I’m the PR principal applicant. And my husband who is an accompanying spouse had a son who is now late. We are to mention the boy in additional family information right? And what are the documents that should be uploaded as proof?

You mean that the boy is deceased?

Put the name of the boy date of birth and death etc in the additional family info form. Would suggest including death certificate (or equivalent) and a short letter of explanation (just the facts, boy was born date deceased date, see death certificate attached). If possible also attach birth certificate. May be best to clarify who the other parent was, you'll see already info required of previous spouses; if the other parent was never his spouse, cover that in the letter of explanation.

Shouldn't think any of that will cause an issue with IRCC.

 

[MaggieO]

Thank you so much for your reply. They were not married. She died 7years ago during child birth. Do you think it’s necessary to add pictures too?

 

[armoured]

Thank you so much for your reply. They were not married. She died 7years ago during child birth. Do you think it’s necessary to add pictures too?

I shouldn't think so, no.