Non-Accompaying Dependent Child

[acmhari]

Hi Experts,

Myself and my wife are working in Canada as work permit holders. We recently got our ITA . We have a complex situation where my spouse does not have full custody of my step-son after her divorce from her previous marriage. I being the primary applicant marked my step-son as non accompanying and the only reason is that we don’t have full custody yet. The full custody case petition is filed in honourable Indian court . We have my wife previous marriage divorce document , the case petition and also the POA which was created to grant the POA to my father in law on behalf of my wife. Our advocate or lawyer has promised that this full custody would be provided sooner or later but not within 2 months . So we thought to go ahead and apply for PR and then sponsor my step-son. With all this proofs and justifications , would there be any problem if I go ahead and submit my application with dependent child being non accompanying ?

Need your thoughts. If I remove the child from my application and have just my spouse , will my spouse be able to sponsor my step-son after she gets PR ?

I am being restless and sleepless since few days overthinking on these stuffs

 

[Naturgrl]

Hi Experts,

Myself and my wife are working in Canada as work permit holders. We recently got our ITA . We have a complex situation where my spouse does not have full custody of my step-son after her divorce from her previous marriage. I being the primary applicant marked my step-son as non accompanying and the only reason is that we don’t have full custody yet. The full custody case petition is filed in honourable Indian court . We have my wife previous marriage divorce document , the case petition and also the POA which was created to grant the POA to my father in law on behalf of my wife. Our advocate or lawyer has promised that this full custody would be provided sooner or later but not within 2 months . So we thought to go ahead and apply for PR and then sponsor my step-son. With all this proofs and justifications , would there be any problem if I go ahead and submit my application with dependent child being non accompanying ?

Need your thoughts. If I remove the child from my application and have just my spouse , will my spouse be able to sponsor my step-son after she gets PR ?

I am being restless and sleepless since few days overthinking on these stuffs

No, your step son must be included in your PR application, and undergo the medical. If you don’t include him now and get PR, then he can never be sponsored by you or your spouse.

 

[acmhari]

No, your step son must be included in your PR application, and undergo the medical. If you don’t include him now and get PR, then he can never be sponsored by you or your spouse.

Thank you so much for the response. But our application would not be refused or rejected for this genuine justification I am providing right ? We will still have his medical completed. That is not a problem. He lives with my wife’s parents only. Also should we mention about his biological father in his family information? We dont have any information on his whereabouts . Also there is a question asking if I am parent or guardian in the application. What am I supposed to fill in their being a step-father ?

 

[Naturgrl]

Thank you so much for the response. But our application would not be refused or rejected for this genuine justification I am providing right ? We will still have his medical completed. That is not a problem. He lives with my wife’s parents only. Also should we mention about his biological father in his family information? We dont have any information on his whereabouts .

You have no reason not to include him if he has done the medical. It may be delayed but should not be rejected. Provide all documentation that you have that have proving no contact with father.