Please help.

[sam03]

Good day!

I have a 5 year old daughter to my partner who is in Toronto, Canada. He is on temporary residency in Canada at the moment and is waiting for a decision on his permanent residency application. He also applied for PR for our daughter but did not include me in the application. He made me submit a letter to immigration in Manila stating that I will not apply for any visa to accompany my daughter when she gets her PR. I did not fully understand why he made me do that because I believed him because he wrote a letter to Canadian Embassy in Manila stating that he is coming to Manila anyway when he gets the PR to marry me and then we can take the visa application from there.

We did not have any problems before he went to Canada. Now things are not looking good between us and it’s only now that I realized that he may be trying to just take my daughter away from me. I guess that’s the same reason why the application is taking long because how can a 5-year old child travel by herself or how can he look after her in Canada when he is working full time. I have seen a big change in him and have proof that he is married to another woman in Canada.

My questions are:

1. Can I withdraw my child’s application for PR? I now have solid reason to believe that he will just take her away from me.
2. Can I ask for child support or should I decide to withdraw the application?
3. What will happen to his PR application if I make a complaint to the Canadian Embassy? Because he promised me and submitted a statement to the Canadian Embassy that he will marry me after he gets his PR.

Thank you. Your answers will be greatly appreciated.

 

[achkorea]

I assure you that from a legal perspective, taking your child from you whether you are applying for permanent residency or not, is kidnapping. It is against the law. If this is something you are concerned about and have proof, go to the police. If you also have substantial proof, contact the Canadian Embassy in Manila. But only if you have proof. If you don't have proof, you will simply make yourself look like an angry ex, and no one will take you seriously. In order for him to travel with your child to Canada, he will need your authorization, he cannot do it without you allowing him to do so. I would be very careful about what you sign though, in case this is something he does intend to do. Good luck, and if something does happen~contact the police and the Canadian embassy, they have an emergency hotline if need be. He won't go through immigration with your child if Canadian immigration knows about it. But, again, do not contact anyone unless you have PROOF.
This is not a Canadian Immigration issue, it is a legal issue.

 

[canadianwoman]

He made me submit a letter to immigration in Manila stating that I will not apply for any visa to accompany my daughter when she gets her PR.

When you signed this, did you fully understand what it said? And did you get a lawyer to look it over? Did any part of the letter state that you had no objections to him taking the child to Canada?
For him to take the child to Canada, he needs a letter from you stating that you are allowing him to do so. I am afraid he may have slipped that in the letter somehow.

I did not fully understand why he made me do that because I believed him because he wrote a letter to Canadian Embassy in Manila stating that he is coming to Manila anyway when he gets the PR to marry me and then we can take the visa application from there.

I wouldn't believe that he is going to marry and sponsor you once he has his own PR. For one thing, even if he planned to when he said this, the strain of a long-distance relationship could have caused him to change his mind. He doesn't have to marry you just because he told the Canadian embassy he was going to. Also, he could have married you before his application, and had you and the child included on the PR application from the first. If he chose not to include you, then the reasonable thing to do would be to sponsor you and the child at the same time, after he gets his PR.
What reason did he give for wanting to sponsor the child, but not you? It would seem that there is no reason to not sponsor the child and you at the same time

However, including the child on his application and getting her medicals done is the right thing to do, even if he has decided he no longer wants to sponsor you. This is because if something should happen to you, at least the child will be able to be sponsored in the future.
If you do not want your child to go to Canada, you do not have to agree to it. But I would not agree to it just because he promises to sponsor you later.