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Questions about non-accompanying minor child from previous relationship

Mollysan

Member
Oct 17, 2018
14
1
I want to sponsor my husband to immigrate to Canada.

My husband had a previous marriage and has a daughter, 6 years old, with his ex-wife, who stays with her mother.

His daughter will not be accompanying him to Canada.

In this situation:

  1. What documents should his daughter provide? As far as I know, she would need to provide a birth certificate, passport, photos, and undergo a medical examination. I couldn't find explicit information in the checklist about what documents a non-accompanying children should provide, am I missing somethings?
  2. My husband will make an effort to convince his ex-wife to arrange for their daughter to obtain a passport, undergo a medical examination, and provide related documents. However, if his ex-wife refuses to cooperate, what should we do? Will it affect my husband's immigration?
  3. Because my husband has a minor child, even though she is not accompanying, will this change in any income requirement for me as a sponsor?
Thank you very much for your assistance!

I also hope that friends who have had similar experiences can share some insights!

Thanks!
 

armoured

VIP Member
Feb 1, 2015
17,159
8,806
I want to sponsor my husband to immigrate to Canada.

My husband had a previous marriage and has a daughter, 6 years old, with his ex-wife, who stays with her mother.

His daughter will not be accompanying him to Canada.

In this situation:

  1. What documents should his daughter provide? As far as I know, she would need to provide a birth certificate, passport, photos, and undergo a medical examination. I couldn't find explicit information in the checklist about what documents a non-accompanying children should provide, am I missing somethings?
  2. My husband will make an effort to convince his ex-wife to arrange for their daughter to obtain a passport, undergo a medical examination, and provide related documents. However, if his ex-wife refuses to cooperate, what should we do? Will it affect my husband's immigration?
  3. Because my husband has a minor child, even though she is not accompanying, will this change in any income requirement for me as a sponsor?
Thank you very much for your assistance!

I also hope that friends who have had similar experiences can share some insights!

Thanks!
1. Same, basically, as for an accompanying child.

2. Before we go there, to give the positives of why the ex-spouse should cooperate: the child can be sponsored until turning 22. If she is not examined by IRCC at this stage, she would never be able to be sponsored by him, ever. I think the strongest argument to make is that she can leave some options open for her child in future (esp, for example, after turning 18, including perhaps wanting to go to university in Canada?). Saying no forecloses on all such options, forever.

If she still won't agree: he'd have to demonstrate that the other parent will simply not allow it, and that he understands he would never be able to sponsor the child. They make this step difficult because it is so permanent (and yet, still hundreds of cases a year where parents wish to have a 'do-over.' For which practically all are unsuccessful.)

3. No.
 

Mollysan

Member
Oct 17, 2018
14
1
1. Same, basically, as for an accompanying child.

2. Before we go there, to give the positives of why the ex-spouse should cooperate: the child can be sponsored until turning 22. If she is not examined by IRCC at this stage, she would never be able to be sponsored by him, ever. I think the strongest argument to make is that she can leave some options open for her child in future (esp, for example, after turning 18, including perhaps wanting to go to university in Canada?). Saying no forecloses on all such options, forever.

If she still won't agree: he'd have to demonstrate that the other parent will simply not allow it, and that he understands he would never be able to sponsor the child. They make this step difficult because it is so permanent (and yet, still hundreds of cases a year where parents wish to have a 'do-over.' For which practically all are unsuccessful.)

3. No.
Thank you so much for your help!
 

Simba112

VIP Member
Mar 25, 2021
4,478
1,662
I want to sponsor my husband to immigrate to Canada.

My husband had a previous marriage and has a daughter, 6 years old, with his ex-wife, who stays with her mother.

His daughter will not be accompanying him to Canada.

In this situation:

  1. What documents should his daughter provide? As far as I know, she would need to provide a birth certificate, passport, photos, and undergo a medical examination. I couldn't find explicit information in the checklist about what documents a non-accompanying children should provide, am I missing somethings?
  2. My husband will make an effort to convince his ex-wife to arrange for their daughter to obtain a passport, undergo a medical examination, and provide related documents. However, if his ex-wife refuses to cooperate, what should we do? Will it affect my husband's immigration?
  3. Because my husband has a minor child, even though she is not accompanying, will this change in any income requirement for me as a sponsor?
Thank you very much for your assistance!

I also hope that friends who have had similar experiences can share some insights!

Thanks!
Is this for PR?
 
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YVR123

VIP Member
Jul 27, 2017
7,378
2,869
I want to sponsor my husband to immigrate to Canada.

My husband had a previous marriage and has a daughter, 6 years old, with his ex-wife, who stays with her mother.

His daughter will not be accompanying him to Canada.

In this situation:

  1. What documents should his daughter provide? As far as I know, she would need to provide a birth certificate, passport, photos, and undergo a medical examination. I couldn't find explicit information in the checklist about what documents a non-accompanying children should provide, am I missing somethings?
  2. My husband will make an effort to convince his ex-wife to arrange for their daughter to obtain a passport, undergo a medical examination, and provide related documents. However, if his ex-wife refuses to cooperate, what should we do? Will it affect my husband's immigration?
  3. Because my husband has a minor child, even though she is not accompanying, will this change in any income requirement for me as a sponsor?
Thank you very much for your assistance!

I also hope that friends who have had similar experiences can share some insights!

Thanks!
Are you a PR trying to sponsor your husband? If so, did you declare him before you got PR or did you just got married after your got PR? And his child as well?
 

Mollysan

Member
Oct 17, 2018
14
1
Are you a PR trying to sponsor your husband? If so, did you declare him before you got PR or did you just got married after your got PR? And his child as well?
I am a Canadian Citizen. I got married after I received my Canadian citizenship.
 

YVR123

VIP Member
Jul 27, 2017
7,378
2,869
I am a Canadian Citizen. I got married after I received my Canadian citizenship.
I guess you didn't recieved the PGWP then. Was that your spouse or your friend?

For your step child, your husband needs to convince the mother to let the child to get medical exam and required paperwork. So she can be included as non-accompanying. And it would be the easiest and fastest to get the process done.

Otherwise, it will take work to show there is no way the child can be examed ...etc. And your step child will be excluded from being sponsored forever.
 

Mollysan

Member
Oct 17, 2018
14
1
I guess you didn't recieved the PGWP then. Was that your spouse or your friend?

For your step child, your husband needs to convince the mother to let the child to get medical exam and required paperwork. So she can be included as non-accompanying. And it would be the easiest and fastest to get the process done.

Otherwise, it will take work to show there is no way the child can be examed ...etc. And your step child will be excluded from being sponsored forever.
Okay, thank you so much.
 

Mollysan

Member
Oct 17, 2018
14
1
You posted this today though, that your PGWP expired last week and you want to apply Study Permit, same day you are Canadian Citizen...

https://www.canadavisa.com/canada-immigration-discussion-board/threads/question-about-work-permit-transfer-to-study-permit.830956/
Apologies for any confusion caused to everyone. The issue with the PGWP was inquired about on behalf of my husband. Since he has lost his status, I plan to sponsor him for PR under family class as soon as possible.
 

Simba112

VIP Member
Mar 25, 2021
4,478
1,662
Apologies for any confusion caused to everyone. The issue with the PGWP was inquired about on behalf of my husband. Since he has lost his status, I plan to sponsor him for PR under family class as soon as possible.
Thats fine. One more clarity since there is another confusion, is your husband in Canada? from previous post you mentioned you want "to sponsor your husband to immigrate to Canada" but i this post it appears he is in Canada but ran out of status... is that correct?
 

Mollysan

Member
Oct 17, 2018
14
1
Thats fine. One more clarity since there is another confusion, is your husband in Canada? from previous post you mentioned you want "to sponsor your husband to immigrate to Canada" but i this post it appears he is in Canada but ran out of status... is that correct?
He is currently in Canada.
 

Simba112

VIP Member
Mar 25, 2021
4,478
1,662
He is currently in Canada.
Yes you can sponsor him while he is in Canada and out of status. For your step-child;
  • If your husband ex wife refuse to consent, there is nothing you can do but this wont affect your husband immigration application
  • If she consent, there'll be high level scrutiny on child sponsorship. Since your husband has been away, assuming his ex wife assumed full custody of a child. Expect there'll be back and forth with Ottawa, they'll want to make sure minor is not removed from her biological mother or trafficked. Just a heads up on what to expect.
 

Mollysan

Member
Oct 17, 2018
14
1
Yes you can sponsor him while he is in Canada and out of status. For your step-child;
  • If your husband ex wife refuse to consent, there is nothing you can do but this wont affect your husband immigration application
  • If she consent, there'll be high level scrutiny on child sponsorship. Since your husband has been away, assuming his ex wife assumed full custody of a child. Expect there'll be back and forth with Ottawa, they'll want to make sure minor is not removed from her biological mother or trafficked. Just a heads up on what to expect.
Thank you for your help! Appreciated!
 
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