REQUEST for NOC format from father for child to immigration
- Thread starter manika debnath
- Start date
Your question doesn't make sense. NOCs are related to jobs. Not sure why you would need this for a child.
http://www.saskatchewan.ca/residents/moving-to-saskatchewan/immigrating-to-saskatchewan/saskatchewan-immigrant-nominee-program/applicants-international-skilled-workers/international-skilled-worker-saskatchewan-express-entry/required-documents-for-saskatchewan-express-entry
According to this link..i need a legal custody of my 5 years old child and A NOC from her father to submit application through SINP as I am a separated lady. and this is the sense of my previous post.
Thanks you in advance to reply my next question.
According to this link..i need a legal custody of my 5 years old child and A NOC from her father to submit application through SINP as I am a separated lady. and this is the sense of my previous post.
Thanks you in advance to reply my next question.
Ideally, you must have a court order which grants you sole custody of your child.
Also, your documents for your child's immigration would depend on your specifics i.e. do you have a judicial separation or have you filed for divorce and have the terms set out in the child custody order? Or would you include your husband as a non-accompanying family member?
If your husband is a non-accompanying parent then:
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5604E.pdf
BTW he'll need to undergo medicals, etc if you list him as a non-accompanying family member
Also, your documents for your child's immigration would depend on your specifics i.e. do you have a judicial separation or have you filed for divorce and have the terms set out in the child custody order? Or would you include your husband as a non-accompanying family member?
If your husband is a non-accompanying parent then:
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5604E.pdf
BTW he'll need to undergo medicals, etc if you list him as a non-accompanying family member
we are separated by the affidavit before the Notary public. I have notarized custody paper of my child signed by child's father.
should I need to fill up non accompanying member as my x husband?
should I need to fill up non accompanying member as my x husband?
Like I've mentioned earlier, ideally, you should have a court order granting you sole custody of your child.
As for the affidavit of separation, to IRCC, you are still married and there could always be a possibility of reconciliation in the future. If possible (and if it's what you want), you must include a sworn statement/affidavit signed by your husband that you are separated from him since XX date + he does not intend to reconcile + he does not intend to immigrate to Canada as your dependent. You will need a lawyer for this.
If you list your husband as a non-accompanying family member then he must give his medicals, PCC, etc + he must also sign the declaration as a non-accompanying parent of a minor (IMM 5604E). As a non-accompanying dependent, he can immigrate to Canada at a later date
Hi Scylla,
I'm just wondering if you could give me an advice regarding declaration from non-accompanying parent. Do I need to submit this form even if my son is declared as non-accompanying in my application?
Hi Brianna, I have been legally divorced in the US and have full sole custody of my child. I moved out of the US to India. Though the father has never visited in the last 4 years, he has visitation rights. Do I still have to get NOC?
You would need to check with a lawyer in India if your divorce decree + the sole custody you have been granted by a US court is valid under Indian Law. If your divorce decree and the custody is valid then you won't need a NOC.
Otherwise a US court divorce decree is valid in Canada
Thank you. There is no issues living in India. I have required documents for him to stay here. Now that I am intending to move him from India to Canada, is an NOC required?
The issue is not about living in India. It is whether or not the divorce decree and the child custody which you have been granted by a US court is valid under Indian Law.
For example, if it was an ex parté order..... or if the grounds under which you sought a divorce are invalid under Indian Law..... or whether or not the US court had the jurisdiction to hear the merits of the divorce suit, etc. Only a lawyer in India who is conversant with both Indian and US divorce decrees would be able to answer this.
Another reason why you would also need to check with the lawyer is because if you need to reissue a passport for your son (I'm assuming he holds an Indian passport) + if the divorce decree and the custody granted by the US court is not valid in India, you would need an NOC from your ex-husband to apply for your son's passport
No he is a US citizen and the parental order includes that as a sole custodian I do not need NOC for passport renewal.