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nidabatool

Full Member
Dec 29, 2015
23
0
Hi Friend,
I am divorced and i have one son who live with me and he is 3 year old. I want apply for canada immigration under EE. I have some question please advise me.

*Can i apply for canada immigration under EE with my son?
*Any legal documents required from my son as he live with me.
* i am from pakistan.
 
Yes you can apply under EE with your son.
Birth certificate and passport of your son will be required.
 
nidabatool said:
Hi Friend,
I am divorced and i have one son who live with me and he is 3 year old. I want apply for canada immigration under EE. I have some question please advise me.

*Can i apply for canada immigration under EE with my son?
*Any legal documents required from my son as he live with me.
* i am from pakistan.

They might also ask a, permission of your spouse to take your son with you...

I've got an Indian friend who spent a year getting this permission through the court.

I am not sure about specifics, just passing on the info.
 
If you meet requirements then you can apply Canadian immigration under (Express entry program) along with dependent (your son).
You can check your eligibility before you create profile.

Here is the link: http://www.cic.gc.ca/english/express-entry/

Best of luck
 
nidabatool said:
Can anybody advise exact that permission required through the court.

You are required to obtain legal custody of the child from the court.
 
Hi Nida,

As long as you meet the requirements, you are eligible to apply. Does not matter if you are divorced. But you should have legal & custodial rights for your kids granted by the court. A letter/affidavit from the father of your child authorizing you to immigrate to another country with the child might also be required. You will have to seek legal counsel from a competent lawyer for more information.

Similar case was discussed on this forum. Read www.canadavisa.com/canada-immigration-discussion-board/immigration-of-my-kids-after-divorce-t174143.0.html

Regarding the Express Entry program, please visit www.cic.gc.ca/english/immigrate/skilled/index.asp for more information

AND

Read the post written by rajkamalmohanram www.canadavisa.com/canada-immigration-discussion-board/express-entry-in-a-nutshell-t394158.0.html

best of luck
 
bhavcaluk said:
You are required to obtain legal custody of the child from the court.

Yep thats what he had to get and it was a lenghty process.
 
Yes, you should have a court issued document stating that you have sole custody of your child and that you are his/her sole legal guardian and caregiver.
 
i want to ask if i do an agreement with my ex husband regarding my kid out side court and get it verified by court . can i use such sort of document or it is just to be court order
 
I think if those documents verified by court, it would be sufficient for IRCC.
 
A properly formatted agreement (use a lawyer for this) with your ex-husband stating that he has voluntarily relinquished his rights as the kids father.

You need to consult a lawyer for this. The following is the kind of letter/affidavit that might be accepted by IRCC.

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| The following is an example just to give you an idea |
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Name of the Father:
Name and date of birth of the child:
Name of the Mother:

I, the parent (father/ex-husband) named above, voluntarily and knowingly consent to the termination of my parental rights and grant sole custodial and guardianship right of the child to my ex-wife named above.

I understand the termination of my parental rights to mean that I will no longer have the following legal rights and responsibilities on the effective date of termination:
1. the legal right to custody, guardianship or control of the child or youth
2. the legal right to obtain the child's or youth's birth certificate;
3. the legal right to any state or federal benefits I may have been receiving for the child or youth;
4. the responsibility to care for the child or youth or make any decisions on his or her behalf.


Signed (father/ex-husband)


This is to certify that the above document was signed in my presence after it was read by me to the subscriber in the language understood by him/her and that he/she further stated that he/she understood the contents of this consent and authorization.



Signed and stamped (Judge, Notary Public)

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| END |
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You cannot apply as a refugee unless if you can prove that you are facing a danger of torture; a risk to your life; or a risk of cruel and unusual treatment or punishment in your home country.

You can apply under FSWP.