Sponsoring Dependant child living overseas with father

[VermiciousKnish]

A woman here in Canada with PR wants to bring her 14 year old child back to Canada to live with her. The father was supposed to be caring for the child in Philippines but has run-off/disappeared and can no longer be tracked down. Mom is worried about her child and wants to bring him here to make him Canadian. Will father need to sign all paperwork? Will she need father's authorization? Is there a minimum income requirement to sponsor a dependant child? Will child have to receive a medical over there? What is the best way to get child here?

 

[Sous02]

A woman here in Canada with PR wants to bring her 14 year old child back to Canada to live with her. The father was supposed to be caring for the child in Philippines but has run-off/disappeared and can no longer be tracked down. Mom is worried about her child and wants to bring him here to make him Canadian. Will father need to sign all paperwork? Will she need father's authorization? Is there a minimum income requirement to sponsor a dependant child? Will child have to receive a medical over there? What is the best way to get child here?

Did she declare the son on her PR application? If not she probably will not be able to sponsor him. There is also a waiting period but if she declared him someone with more knowledge could answer. She will need either the fathers permission or court documents showing full custody

 

[VermiciousKnish]

Did she declare the son on her PR application? If not she probably will not be able to sponsor him. There is also a waiting period but if she declared him someone with more knowledge could answer. She will need either the fathers permission or court documents showing full custody

Do you mean include him in the application as an "additional dependant"? I'm pretty sure she did not intend for him to become Canadian at that time but she probably did list him as a child of hers. The father likely will not be able to be tracked down for permission. The grandmother is legal guardian now but not sure what papers she will have to prove that.

Also how long is this waiting period?

 

[Ponga]

Agreed. If the person did not declare the child as being non-accompanying, which would have also needed to have the medical exam then, not now...she can never sponsor her son.

 

[Sous02]

Do you mean include him in the application as an "additional dependant"? I'm pretty sure she did not intend for him to become Canadian at that time but she probably did list him as a child of hers. The father likely will not be able to be tracked down for permission. The grandmother is legal guardian now but not sure what papers she will have to prove that.

Also how long is this waiting period?

I can speak to the guardianship part. She will have to go to court and get an order granting her full and complete custody. Obviously this takes time and money so anything that can be done to get the fathers consent should be tried.

 

[VermiciousKnish]

Agreed. If the person did not declare the child as being non-accompanying, which would have also needed to have the medical exam then, not now...she can never sponsor her son.

So if she listed her son as "non-accompanying" she can now sponsor him. If she did not list any children on her application then she can never sponsor? Chances are she no longer has her original application for PR and will probably not even remember if she listed him or not. How to know? Also, if she lists a child as non-accompanying, the child needs a medical? Or did you mean she would have needed a medical then ?

 

[Ponga]

She needs to find out, or remember if she did or did not declare her son. Period.

She can contact CIC to request a copy of her original application if she can't remember.

 

[Rob_TO]

Also, if she lists a child as non-accompanying, the child needs a medical?

Yes, back when she applied for PR the child would need to have been listed as a non-accompanying dependent, and child would have needed to have a medical exam.

Basically if the child never did a medical exam, they can't be sponsored now.

 

[VermiciousKnish]

She listed the child on her original application as a dependant but as the child was not planning to come to Canada she never had a medical done.

The woman has divorce papers from Ontario (not sure how she got these) and claims that her mother (child's grandmother) is the legal guardian back in the Philippines and has papers to prove this. With divorce papers and papers proving grandmother is legal guardian, will they still need signatures from the father? It will be nearly impossible to track down the father and get him to sign paperwork. Is this a pipe dream? Or is it worth a shot at applying?

 

[Rob_TO]

She listed the child on her original application as a dependant but as the child was not planning to come to Canada she never had a medical done.

The woman has divorce papers from Ontario (not sure how she got these) and claims that her mother (child's grandmother) is the legal guardian back in the Philippines and has papers to prove this. With divorce papers and papers proving grandmother is legal guardian, will they still need signatures from the father? It will be nearly impossible to track down the father and get him to sign paperwork. Is this a pipe dream? Or is it worth a shot at applying?

You are still supposed to get a medical done even if not accompanying to Canada. The only exception to this is if CIC granted special permission for the non-accompanying child to skip the medical exam. It's very rare this ever happens.

If she skipped the child's medical exam without special permission, then the child is banned forever to be sponsored to Canada since they are not recognized as member of the family class, end of story.

If special permission was received and this is documented, then she can proceed with the app. If possible should get a court order saying full custody was granted to the grandmother.

 

[screech339]

She listed the child on her original application as a dependant but as the child was not planning to come to Canada she never had a medical done.

The woman has divorce papers from Ontario (not sure how she got these) and claims that her mother (child's grandmother) is the legal guardian back in the Philippines and has papers to prove this. With divorce papers and papers proving grandmother is legal guardian, will they still need signatures from the father? It will be nearly impossible to track down the father and get him to sign paperwork. Is this a pipe dream? Or is it worth a shot at applying?

Regardless of the situation with the child's father, as long as the child never did the medical as required, the child is pretty much banned from family sponsorship. I really hope that for the mother's sake, that the child DID the medical exam as required. I am hoping that the mother is wrong in her recollection.

 

[VermiciousKnish]

But why would the child have had to do medical if the child planned to stay in Philippines?

 

[keesio]

But why would the child have had to do medical if the child planned to stay in Philippines?

To leave the option open to sponsor the child later in case she wants to change her mind (like she wants to do now)

 

[Regina]

Because if he has a dangerous illness, life threatening illness, an illness to treat which in Canada could be a burden on Canadian Health System- and because of it a child is inadmissible- the parent of the child (an applicant) would be inadmissible too.

1) Your friend should request CAIPS/GCMS. She will see if CIC granted a special permission for the non-accompanying child to skip the medical exam. ONLY then a child could be sponsored.

Concerning consent letter from child's father: if he is alive and can be trucked down she MUST get a consent from him or go to court to get full custody (which will be difficult considering that she does not live in Philippines herself) 2) If he cannot be track down she could get a full custody over the child (through the court in Philippines).

BUT FIRST of all she has to figure out if she ever could sponsor her child. (see 1))

 

[VermiciousKnish]

1) Your friend should request CAIPS/GCMS. She will see if CIC granted a special permission for the non-accompanying child to skip the medical exam. ONLY then a child could be sponsored.

I see. What is a CAIPS/GCMS and how does one go about getting one?