This is my partner's second marriage. My partner has one child from previous marriage. If I become the primary applicant for migration, what is required to take my step-child with me? Or, if my partner become the primary applicant, what is policy in that case?
Policy for moving with child for separated parent
- Thread starter Sabrina Shams
- Start date
You should not have a problem in either case, as you are currently married.
Even if you are the primary applicant, you would have documents that suggest your current partner is legally married to you and your stepchild is his legal ward, which makes him/her your legal stepchild.
If you are the non-primary applicant, even in that case it won't be an issue because you would be having documents suggesting that you are their legal partner.
In all cases, since your partner is separated from his/her earlier partner, your partner might need documents that suggest that your partner has full-time custody of your stepchild and your spouse's ex-partner should not have a problem with your stepchild gaining PR of a different country.
This is very generic advice and may not suit your jurisdiction as I am not aware of your location. I would advise you to seek consultation from a family and a Canadian immigration lawyer in your jurisdiction to get more clarification.
Even if you are the primary applicant, you would have documents that suggest your current partner is legally married to you and your stepchild is his legal ward, which makes him/her your legal stepchild.
If you are the non-primary applicant, even in that case it won't be an issue because you would be having documents suggesting that you are their legal partner.
In all cases, since your partner is separated from his/her earlier partner, your partner might need documents that suggest that your partner has full-time custody of your stepchild and your spouse's ex-partner should not have a problem with your stepchild gaining PR of a different country.
This is very generic advice and may not suit your jurisdiction as I am not aware of your location. I would advise you to seek consultation from a family and a Canadian immigration lawyer in your jurisdiction to get more clarification.
You need full custody of your child. Often child custody agreements address what happens if one parent wants to move if the other parent still has visitation. There is also the option of getting permission from the child’s other parent if there is a custody agreement where both parents share custody. Always good to have permission from the other parent to move the child to another country. Also will depend on the custody rules in your country.
It doesn't matter which of you is the primary applicant. The process is the same if you want the child to immigrate, either permission from the other parent or full legal custody.
IRCC will 100% verify that they have the legal right to bring the child to Canada. The government of Canada does not want to be a party to international parental kidnapping.
I think it's just respectful to ask the other parent if you can take their child to live in another country. If they refuse or they are an absent parent then you can apply to a court to gain an order allowing you to remove a child from the jurisdiction.
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