Questions About Application for Permanent Residence (Needs Urgent Answers)

[desperatenow]

Hi. Our mother sponsored us (me with my two brothers) for Permant Residence Application. Last April 3, 2014, we have received an email from the CIC asking us to submit the additional documents.

Here's the problem.

Parts of the requirements they are asking from my brother (who is 17 years old) are: Custody Documents and National Identity Card from the biological father. (This is because our mother filed a Divorce with our father last year.)

Here are our queries:
1. What Custody Documents are they talking about?
2. What kind of National Identity Card are they asking for? Since we are in the Philippines, the government does not issue any specific identity card.
3. Since my brother is a minor, my mother decided he should travel with our grandmother. Is my grandmother considered a legal guardian? (We have already submitted the IMM5406 Declaration from Non-Accompanying Parent before, and it was signed by our father.)
4. We are done with the Medical Examination and are desperate for leaving. How long do you think, will it take for us to leave, after completing those requirements?


Thank you for answering...

 

[rhcohen2014]

1. they are talking about the custody agreement made between your mother and father regarding your brother. he is a minor, therefore they need to know your mother has full legal custody of your brother, or at least your father agrees he is free to immigrate to canada. CIC takes custody matters very seriously.

2. a national identity document can be a passport. even if a copy was sent before, send it again. perhaps they are concerned if the passport is near its expiry date or that his look has changed because he is 17 years old, and teenagers can grow quickly.

3. don't know about this

4. no one can tell you for sure how long it will take. to find out what the "trend" is for approval from your visa office, you need to go to the thread specific to your visa office.

 

[desperatenow]

Regarding the Custody Documents, How do you think they can agree upon it? They have no commmunication since they separated and got divorced. And my mother is currently working in Canada. But nonetheless, my father is very much approved with my brother immigrating to Canada.

 

[rhcohen2014]

Regarding the Custody Documents, How do you think they can agree upon it? They have no commmunication since they separated and got divorced. And my mother is currently working in Canada. But nonetheless, my father is very much approved with my brother immigrating to Canada.

the custody agreement would have been a part of the divorce proceeedings i would assume. i doubt a divorce would have been finalized without some thought to the care of minor children. if there are none, then explain this to CIC. your father will probably need to sign a notarized document giving permission if he still has legal rights to the child. it sounds like you and your brother communicate with him, so if your mother doesn't, perhaps you can be the one to coordinate this. keep in mind, if htere are no legal custody documents, it will probably delay the decision because CIC needs to do their job to confirm the fact that your mother has the absolute legal right to bringing your brother to Canada.

 

[desperatenow]

well, I guess the divorce was granted without the custody being considered. I guessthis is because Throughout the process, they have received no response from my father. But still, they have granted the divorce.Whom do you think holds the custody of my brother? Because Iwas thinking they still are sharing his legal custody.

 

[rhcohen2014]

well, I guess the divorce was granted without the custody being considered. I guessthis is because Throughout the process, they have received no response from my father. But still, they have granted the divorce.Whom do you think holds the custody of my brother? Because Iwas thinking they still are sharing his legal custody.

i can not answer that question, only your mother can answer that question. i suggest you have a conversation with her about what custody arrangement was made after her divorce, if any. perhaps there is something that was done you just don't know about. or read the divorce papers and see if there is any mention of custody of the children.

 

[desperatenow]

But with my father approving him of leaving, will it still be difficult for him to obtain those Custody Documents? Cause we are running out of time and we need to complete the papers before September 1. Do you think we can have an arrangement with my father, and him to sign legal papers?

 

[Rob_TO]

But with my father approving him of leaving, will it still be difficult for him to obtain those Custody Documents? Cause we are running out of time and we need to complete the papers before September 1. Do you think we can have an arrangement with my father, and him to sign legal papers?

Seeing as divorce is illegal in the Philippines, I assume the entire divorce proceedings was done just by the wife within Canada. So there would be no "agreement" reached as the husband would not have been part of the actual process. Stuff was probably mailed to him, which he may or may not have even read.

He will need to sign a statutory declaration stating that he gives all parental rights to the mom, and gives permission for the child to leave Philippines. This is required for CIC, and may also be required by the airline when the child shows up at the airport to leave.

 

[desperatenow]

Thank you so much. This is a very big help.

yes, my father was not at all part of the divorce process. The papers were sent to him, and he made no reply to any of them. Do you think that the statutory declaration was all they are askin for?

 

[Rob_TO]

Do you think that the statutory declaration was all they are askin for?

Yes. There is probably a proper legal way to word the declaration to make it official and meet the requirements CIC is looking for. I would talk to a notary or divorce lawyer to get a brief consultation on this.

 

[desperatenow]

Thank you so much.

 

[desperatenow]

Hi again sir. I have here another question. We started our application on 2011. And last year, 2013, I gave birth to my daughter. My mother decided to include my daughter in our application for Family Sponsorship. I have also declared my daughter on my Application papers which i have sent last month. Do you think it is possible that they will accept my daughter to be included in the application? What process should she undertake? And is it necessary for my father to give full custody to my mother? Can't they just share the custody for my father?