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SPECIAL CASE ON PERMANENT RESIDENCE APPLICATION

T

trodon10

Newbie
Sep 23, 2017
6
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Hi guys, i need advice here. My brother has been nominated by the province of Manitoba along with his entire family (wife and four kids). He resides in Nigeria and has received a certificate of nomination.
He is ready to apply but he is now separated from his wife and the children are with her (she has forcefully taken custody of the children and the matter is in court right now). Long story short, he does not have any access to the children as the matter is now in court. He has filed for divorce and they are waiting for the initial hearing.
The wife knows about the plan to immigrate and she is not in support so she is bent on making it impossible for my brother to have access to the children. The plan was for my brother to arrive Canada first then have his family join him later. He is still required to take the children for a DNA test even though they will not be accompanying him to Canada.
Here are my questions: Is it possible to completely remove the children from the application? It doesn't look like he will have access to them to get their passport photographs or international passport.
What else can be done if he can get access to the children?
Any suggestions will be greatly appreciated. Many thanks.
 
trodon10 said:
Hi guys, i need advice here. My brother has been nominated by the province of Manitoba along with his entire family (wife and four kids). He resides in Nigeria and has received a certificate of nomination.
He is ready to apply but he is now separated from his wife and the children are with her (she has forcefully taken custody of the children and the matter is in court right now). Long story short, he does not have any access to the children as the matter is now in court. He has filed for divorce and they are waiting for the initial hearing.
The wife knows about the plan to immigrate and she is not in support so she is bent on making it impossible for my brother to have access to the children. The plan was for my brother to arrive Canada first then have his family join him later. He is still required to take the children for a DNA test even though they will not be accompanying him to Canada.
Here are my questions: Is it possible to completely remove the children from the application? It doesn't look like he will have access to them to get their passport photographs or international passport.
What else can be done if he can get access to the children?
Any suggestions will be greatly appreciated. Many thanks.
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he can.but his ex wife has to write a notarized letter that she does not wanted them to.go to canada and not want them.to.do medical and etc and if she does the letter your brother can never sponsor the kids to Canada
 
carolbb23 said:
he can.but his ex wife has to write a notarized letter that she does not wanted them to.go to canada and not want them.to.do medical and etc and if she does the letter your brother can never sponsor the kids to Canada
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Thanks for replying. I think my brother will be happy with that. He is not divorce yet, just separated. There is no provision for being legally separated under the Nigerian law. What documents can be submitted to show that they are legally separated in addition to the letter from his ex wife?
 
trodon10 said:
Thanks for replying. I think my brother will be happy with that. He is not divorce yet, just separated. There is no provision for being legally separated under the Nigerian law. What documents can be submitted to show that they are legally separated in addition to the letter from his ex wife?
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It has to be register at the local court house have some lawyer do a decree
 
You welcome his soon to be separated wife being difficult watch out she may go after him for child support
 
trodon10 said:
Thanks for replying. I think my brother will be happy with that. He is not divorce yet, just separated. There is no provision for being legally separated under the Nigerian law. What documents can be submitted to show that they are legally separated in addition to the letter from his ex wife?
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He needs to show proof that he has filed for divorce. Canada also does not have any form of legal separation; once a couple has ended their relationship and is living apart, they are separated. IRCC may accept proof of filing to process his app or they may request proof of the finalized divorce before completing his application.

Excluding his children from the application is a much more serious action. He will need to show proof that he has no access to them and proof that the mother is refusing to allow them to undergo the medical. He must also get a notarized letter stating that he understands that excluding his children means that he will never be able to sponsor them in future. If anything happens in future that requires him to care for his children, he will not be able to sponsor them to Canada.

When he goes to the hearing, he should request that the courts order the mother to allow the children to undergo the medical and be included in the application as non-accompanying dependents.
 
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canuck_in_uk said:
He needs to show proof that he has filed for divorce. Canada also does not have any form of legal separation; once a couple has ended their relationship and is living apart, they are separated. IRCC may accept proof of filing to process his app or they may request proof of the finalized divorce before completing his application.

Excluding his children from the application is a much more serious action. He will need to show proof that he has no access to them and proof that the mother is refusing to allow them to undergo the medical. He must also get a notarized letter stating that he understands that excluding his children means that he will never be able to sponsor them in future. If anything happens in future that requires him to care for his children, he will not be able to sponsor them to Canada.

When he goes to the hearing, he should request that the courts order the mother to allow the children to undergo the medical and be included in the application as non-accompanying dependents.
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Thank for your response. My brother might have to go that route (exclude the children). He is convinced that the marriage will not work out. I have personally spoken to his wife and explained how moving to Canada will be beneficial for the kids but it seems she is bent on frustrating the whole process.
I am not even sure I sure if the older kids will want to comply because their mother have already poisoned their young and innocent mind. It is a pretty difficult situation.
My brother has till January to submit his application for permanent residency. The next court hearing is on November 22, 2017. I told him to wait until after the hearing before submitting.
If he provides all necessary proof that he does not have access to the children, do you think his application will be refused.
He will asked for the children to be released, but his wife and her lawyer are playing the delay game. She has missed 2 hearings and her lawyer has missed one claiming he was sick.
Not sure how the next one is going to go, he might just have to settle for excluding the children from the application.
 
trodon10 said:
Thank for your response. My brother might have to go that route (exclude the children). He is convinced that the marriage will not work out. I have personally spoken to his wife and explained how moving to Canada will be beneficial for the kids but it seems she is bent on frustrating the whole process.
I am not even sure I sure if the older kids will want to comply because their mother have already poisoned their young and innocent mind. It is a pretty difficult situation.
My brother has till January to submit his application for permanent residency. The next court hearing is on November 22, 2017. I told him to wait until after the hearing before submitting.
If he provides all necessary proof that he does not have access to the children, do you think his application will be refused.
He will asked for the children to be released, but his wife and her lawyer are playing the delay game. She has missed 2 hearings and her lawyer has missed one claiming he was sick.
Not sure how the next one is going to go, he might just have to settle for excluding the children from the application.
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There is more to this story it's like she does not want to leave, his your brother well off in your country or is her family well off there
 
She is doing ok financially. She has never left the country and none of her family members has left the country either. Like you said, there is more to the story, my reason for trying to help is to better the future of their children. Life is too unpredictable in my country of origin.
 
trodon10 said:
She is doing ok financially. She has never left the country and none of her family members has left the country either. Like you said, there is more to the story, my reason for trying to help is to better the future of their children. Life is too unpredictable in my country of origin.
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I used to work with Nigerians, they get pressure about sending money home or bring family members to Canada. It's like shes afraid
 
trodon10 said:
Here are my questions: Is it possible to completely remove the children from the application? .
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While it's technically possible, as was mentioned and he should completely understand, he will NEVER be able to sponsor the children to Canada under any circumstance. He will need to sign an affidavit that he fully understands and accepts this. Even in case something happens to the mother and she is no longer able to care for his kids, he still would not be able to bring them to Canada.
 
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I advice your brother , first he should file an exparte motion application to ask the court to grant him rights to do medicals' for his unaccompanied children. I the affidavit he should state that he is filing for Canada and he wants to ensure that his children can come to Canada whenever they want . The court will grant he order. Trust me on that. Pleas don't just accept things . When people get divorce every side wants to win but the after effect on the children maybe forgotten. It's an opportunity that h shouldn't allow his children miss.
 
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hamiltondreamer said:
I advice your brother , first he should file an exparte motion application to ask the court to grant him rights to do medicals' for his unaccompanied children. I the affidavit he should state that he is filing for Canada and he wants to ensure that his children can come to Canada whenever they want . The court will grant he order. Trust me on that. Pleas don't just accept things . When people get divorce every side wants to win but the after effect on the children maybe forgotten. It's an opportunity that h shouldn't allow his children miss.
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This.
 
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