Permission of ex husband for immigrating with minors

[Momoftwo]

Hi!
I would like to immigrate (Skilled worker category) with my two daughters (ages 12 and 15 yrs). I have custody and guardianship of the children but my ex has visitation rights. He also provides child support and education expenses.
I understand I need a no-objection letter from the ex to immigrate with the children. He is okay with providing an NOC if I agree to waive the child support and education expenses.
- Is there a standard template for the NOC? Where can I get one?
- What are the documents in addition to NOC that will require his signature... Not only now, but in the next 5 years?
For example, the PR forms may need his signature, but will school admissions also require his signature ?
Will citizenship also require his signature?
I am concerned since he agreed to divorce after I waived alimony, and he is ok with NOC if I waive child support and education expenses. If I need his signature on any documents after the NOC, he will withhold it and I will have no bargaining options left! I really would like to know where his influence will extend!
Is there any way I can protect myself from any blackmail in future?

 

[Momoftwo]

Please advise if my understanding is correct.
Permission of ex is required only on the following documents
- No objection letter for travel of minor children with mother
- PR forms of the children

- His signature will NOT be required on school admission forms.
- His signature will not be required after children turn 18 on their citizenship forms

I am really worried since he is almost unreachable and does not respond to calls.

Please share any format available for the permission letter.

 

[Thommo]

Please advise if my understanding is correct.
Permission of ex is required only on the following documents
- No objection letter for travel of minor children with mother
- PR forms of the children

- His signature will NOT be required on school admission forms.
- His signature will not be required after children turn 18 on their citizenship forms

I am really worried since he is almost unreachable and does not respond to calls.

Please share any format available for the permission letter.

Since he has visitation rights, an affidavit is required from your ex-husband stating that he has no objection to your kids travelling to Canada for permanent residence. His signatures are not needed anywhere else.

 

[Momoftwo]

Thommo
Thanks for your reply. Releived to know that ex's signatures will not be required elsewhere.

 

[fromdubai]

Since he has visitation rights, an affidavit is required from your ex-husband stating that he has no objection to your kids travelling to Canada for permanent residence. His signatures are not needed anywhere else.

correct !

 

[rafaelgabbie]

Hi im starting this thread again to raise a question. We were just approved of immigrants visa and plan to land soon. We got a letter to no objection to my step daughter to immigrate along with us when we submitted the application 2 years ago. My step daughter has the fathers lAst name. my question is, do we need to ask the biological father who is in a third world country for a letter allowing her to travel? Wasnt the letter two years ago enough since the VO approved as already? Were jut worried once we land and immigration might ask for a letter. As per my consultant we no longer need it which im having second thought about the lawyers opinion. Any feedback will be appreciated.

 

[rafaelgabbie]

Any advise on above question? Qoarax.

 

[Thommo]

Hi im starting this thread again to raise a question. We were just approved of immigrants visa and plan to land soon. We got a letter to no objection to my step daughter to immigrate along with us when we submitted the application 2 years ago. My step daughter has the fathers lAst name. my question is, do we need to ask the biological father who is in a third world country for a letter allowing her to travel? Wasnt the letter two years ago enough since the VO approved as already? Were jut worried once we land and immigration might ask for a letter. As per my consultant we no longer need it which im having second thought about the lawyers opinion. Any feedback will be appreciated.

No letter is required now. You can change your daughter's surname if you feel like.

 

[Momoftwo]

Hi!
I would like to apply for the skilled worker program in May 2013 and immigrate with my two daughters. I have sole custody and guardianship and the divorce decree does not put any restrictions on my immigration.
Ex has visitation rights that he does not avail of as he is busy with his new family.
I have not been able to obtain the consent of my exhusband on the form "IMM5604E : DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN FOR MINORS IMMIGRATING TO CANADA"
He has been withholding the consent under one pretext or other, mainly to see us suffer, so I have approached the family court for permission to immigrate with the kids. Ex does not even appear in court for the hearings!
My advocate has requested for some document that states that in the absence of the above declaration, a permission from the court will suffice.
I searched all over the CIC website, but it only mentions that the above declaration is a statutory declaration.
Where can I get any document to show that a court order is sufficient to immigrate with the children? Please help.
My next hearing is in 3 weeks.
How can I take this forward? I need some evidence that a court order will suffice in place of the declaration by the absent parent.

 

[Mr.Engineer]

Hi!
I would like to immigrate (Skilled worker category) with my two daughters (ages 12 and 15 yrs). I have custody and guardianship of the children but my ex has visitation rights. He also provides child support and education expenses.
I understand I need a no-objection letter from the ex to immigrate with the children. He is okay with providing an NOC if I agree to waive the child support and education expenses.
- Is there a standard template for the NOC? Where can I get one?
- What are the documents in addition to NOC that will require his signature... Not only now, but in the next 5 years?
For example, the PR forms may need his signature, but will school admissions also require his signature ?
Will citizenship also require his signature?
I am concerned since he agreed to divorce after I waived alimony, and he is ok with NOC if I waive child support and education expenses. If I need his signature on any documents after the NOC, he will withhold it and I will have no bargaining options left! I really would like to know where his influence will extend!
Is there any way I can protect myself from any blackmail in future?

-your ex-husband has to fill only this form
Separation Declaration for Minors Travelling to Canada [IMM 5604] (PDF, 21 KB)
- all other forms and guide are on the following link.
http://www.cic.gc.ca/english/information/applications/skilled.asp
- skilled worker category will reopen in May 2013
- Take sign of your ex- husband if you are going to submit the application.

 

[Centaur]

Hello lady, Few thoughts -

1) Are you ready to forego the monetary benefits you recieve currently, when you proceed with your plans? You dont need to answer me. Have an answer for yourself.
2) If you have sought court intervention for getting the petition moved to have your ex sign your application for immigration, after due assessment, court will declare in absentia, that you could proceed. Ensure your lawyer impresses court with date lines you need to work for filing your application. Ability to apply in time is key to your success for qualifying at initial stages. Make that a strong point of request with Court.
3) You might not be able to obtain a specific note on net to the effect a Court Order suffices in lieu of your ex's approval for kids to travel overseas. I believe Court declaration, is competent enough. Basically, the declaration by Court is meant to address legality. If the court itself declares as such, no further document will be needed.
4) If and when you obtain this Court Order, attach a notarised copy of this Order, along with your application. That should take care of the absence of your ex's signature / approval for the minor kids to travel.

Hope this helps. Best Regards.

Hi!
I would like to apply for the skilled worker program in May 2013 and immigrate with my two daughters. I have sole custody and guardianship and the divorce decree does not put any restrictions on my immigration.
Ex has visitation rights that he does not avail of as he is busy with his new family.
I have not been able to obtain the consent of my exhusband on the form "IMM5604E : DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN FOR MINORS IMMIGRATING TO CANADA"
He has been withholding the consent under one pretext or other, mainly to see us suffer, so I have approached the family court for permission to immigrate with the kids. Ex does not even appear in court for the hearings!
My advocate has requested for some document that states that in the absence of the above declaration, a permission from the court will suffice.
I searched all over the CIC website, but it only mentions that the above declaration is a statutory declaration.
Where can I get any document to show that a court order is sufficient to immigrate with the children? Please help.
My next hearing is in 3 weeks.
How can I take this forward? I need some evidence that a court order will suffice in place of the declaration by the absent parent.

 

[Emina]

Hello,

Please advise, I have finished Bachelor of Business Administration here on Vancouver Island University and intending to apply for post graduate work permit and if approved my next step would be applying for permanent residence for me and my minor child. Now here is my situation, me and child's father never been married and he never lived with us but we had verbal agreement on child support and he is visiting every once in awhile.I also possess permanent irrevocable agreement for traveling with my child anywhere in the World, agreement to live with her anywhere in the World and to agreement to sign any document for him if document require father's signature.

Now my question is if I want to apply for PR for my child one of the documents I have to submit is the custody papers which I do not posses so please advise, can I submit only declaration form non-accompanying parent/guardian for minors immigrating to Canada plus to submit mentioned agreements too or we need to have Court order.

Please advise what are my possibilities in this case.

Thank you a bunch

 

[canuck78]

Hello,

Please advise, I have finished Bachelor of Business Administration here on Vancouver Island University and intending to apply for post graduate work permit and if approved my next step would be applying for permanent residence for me and my minor child. Now here is my situation, me and child's father never been married and he never lived with us but we had verbal agreement on child support and he is visiting every once in awhile.I also possess permanent irrevocable agreement for traveling with my child anywhere in the World, agreement to live with her anywhere in the World and to agreement to sign any document for him if document require father's signature.

Now my question is if I want to apply for PR for my child one of the documents I have to submit is the custody papers which I do not posses so please advise, can I submit only declaration form non-accompanying parent/guardian for minors immigrating to Canada plus to submit mentioned agreements too or we need to have Court order.

Please advise what are my possibilities in this case.

Thank you a bunch

You have lots of time until you apply for PR given that you are just applying for PGWP. In general it would be best to get formalized child custody documents. Sounds like it was amicable to you could have it drawn up together and then signed by a judge.

 

[Emina]

You have lots of time until you apply for PR given that you are just applying for PGWP. In general it would be best to get formalized child custody documents. Sounds like it was amicable to you could have it drawn up together and then signed by a judge.

Thank you so much, very helpful indeed. I would have one more question if you may help me out and it is related to PGWP. Now so far my child entered Canada as an visitor and her staying extend every 6 Months, she has dual citizenship but U.S. passport holder. Now when I apply for PGWP should I submit letter of invitation to my child U.S. passport holder who is already with me in Canada on visiting visa and somehow include her on PGWP or I will just continue to extend her staying as an visitor every 6 Months.While I've been applying for study permit I marked her as a family member accompany her mother during the studies but this form is bit different and confusing.
Also since she is already here with me while I am on study permit she can go to pre-school and now when I need to change my status to PGWP does she need to apply for study permit to start elementary school. She is U.S. passport holder so for me is bit confusing to figure out both

I would appreciate any help