Question - Sponsor my husband who has under age child from previous marriage

[Sisimaru1016]

Hello, I'm looking for some help on this issue.

I want to sponsor my husband to come to Canada from Japan. He lives in Japan. Has an under age child whose custody belongs to the mother.
He does not live with the child.

One of the country specific document required for Japanese applicants is called koseki tohon - it's a document of where you were born, where you live, and in a household with whom, that kinda thing. The issue is, the child is not removed and CANNOT be removed from this document. (It's a very Japanese thing, it will be long to explain why. I won't bore with that now). So it seems like the child is in his household and looks like a dependent child. But the custody belongs to the mother. And the child lives with the mother.

Does IRCC consider this child a dependent child? Will I be able to sponsor him alone and without filling out the Financial Evaluation form (IMM 1283)?

Thank you in advance!

 

[scylla]

Hello, I'm looking for some help on this issue.

I want to sponsor my husband to come to Canada from Japan. He lives in Japan. Has an under age child whose custody belongs to the mother.
He does not live with the child.

One of the country specific document required for Japanese applicants is called koseki tohon - it's a document of where you were born, where you live, and in a household with whom, that kinda thing. The issue is, the child is not removed and CANNOT be removed from this document. (It's a very Japanese thing, it will be kong to explain why. I won't born with that now). So it seems like the child is in his household and looks like a dependent child. But the custody belongs to the mother. And the child lives with the mother.

Does IRCC consider this child a dependent child? Will I be able to sponsor him alone and without filling out the Financial Evaluation form (IMM 1283)?

Thank you in advance!

Yes, this is a dependent child. However your husband can certainly list the child as non-accompanying. The child be required to take a medical as part of your husband's PR application.

If the mother is not willing to get the medical done for the child, that opens up some other actions you will need to take. But for starters, you definitely need to list the child as a dependent.

 

[Sisimaru1016]

Thank you so much for the quick answer!

 

[armoured]

Explain to the other parent that having the child do the medical as non-accompanying dependent has ZERO implications for custody. It does not mean the child can leave or emigrate without permission.

What it DOES mean - in simple terms - is that in future the spouse (your husband) could (in theory) sponsor the child to become a PR. This would still require permission etc.

If not - if the child does not give medicals etc now - your spouse can NEVER sponsor.

So it is really worth it for the custodial parent to permit the medical examination, even if applying to become a PR may never happen - it's just the option to do so in future. (An example might be the child at 16-18 years old deciding would like to study in Canada).

 

[Sisimaru1016]

Thank you for the information