Sponsoring dependent children while they are under the costudy of the mother

[Randyv]

Hi guys! I have some inquiries regarding sponsoring children. I have 3 kids where they are under there mother costudy ( i am separated to there mother by the way) and i am planning to sponsor two of kids age 15 and 14, what requirement or documents should i prepare before i can sponsor them? Thank you in advance!!!

 

[wowsers]

What makes you think you are entitled to sponsor your children? According to your previous posts you are Filipino and were yourself being sponsored by your wife for permanent residency: presumably the wife from whom you are now separated? In July this year you were anxious about having your open work permit renewed, which suggests to me that at that date you were not a permanent resident. So far as I am aware you must be a Canadian citizen or a permanent resident before you can sponsor any member of your family. You do not appear to be either. You need to give us more detailed facts, failing which any advice you may be given will be based on guesswork.

 

[Randyv]

Im just trying to get some advised wowsers in advance, because i know its gonna be tough sponsoring my kids in the future. Yes you are right i haven't get my permanent resident until now because the mother of my kids holding there medical exam. Thanks!

 

[mikeymyke]

you need to become a PR first beforr u can do anything

 

[Betina]

you need to become a PR first beforr u can do anything

mikeymyke - He just said he wants to prepare for when he's a PR, what's wrong with that?

Hi guys! I have some inquiries regarding sponsoring children. I have 3 kids where they are under there mother costudy ( i am separated to there mother by the way) and i am planning to sponsor two of kids age 15 and 14, what requirement or documents should i prepare before i can sponsor them? Thank you in advance!!!

RandyV - Knowing that the Filipino law is really-really complicated when it comes to marriage, separation and custody, I think you'd better talk to an immigration lawyer. Especially if your former wife has problems with the process. Good luck!

What makes you think you are entitled to sponsor your children? According to your previous posts you are Filipino and were yourself being sponsored by your wife for permanent residency: presumably the wife from whom you are now separated? In July this year you were anxious about having your open work permit renewed, which suggests to me that at that date you were not a permanent resident. So far as I am aware you must be a Canadian citizen or a permanent resident before you can sponsor any member of your family. You do not appear to be either. You need to give us more detailed facts, failing which any advice you may be given will be based on guesswork.

wowsers - Why attack someone who's just asking a question?

 

[Randyv]

Thank you guys!

 

[wowsers]

wowsers - Why attack someone who's just asking a question?
[/quote] Attack? What attack? Before anyone can give him an useful answer to his question he needs to set out the facts. You refer in your post to a 'former wife' . If she is a former wife, who is sponsoring him? Perhaps he has both a wife from whom he is now separated and a former wife? All you do is advise him to spend money on getting advice from a lawyer without attempting to discover what are the facts and therefore what is his problem!

 

[Betina]

wowsers - Why attack someone who's just asking a question?
Attack? What attack? Before anyone can give him an useful answer to his question he needs to set out the facts. You refer in your post to a 'former wife' . If she is a former wife, who is sponsoring him? Perhaps he has both a wife from whom he is now separated and a former wife? All you do is advise him to spend money on getting advice from a lawyer without attempting to discover what are the facts and therefore what is his problem!

If he has a former wife, it doesn't mean he can't have a current partner, by marriage or common-law. Filipino law does not allow divorce, but a Filipino citizen can get a divorce in another country. But that divorce is not recognized in Philippines, so the custody issue is a real problem in this case. That is why I'm advising him to talk to a lawyer. Surprisingly, the best way to deal with complex legal issues is by talking to someone who knows local law, not with forum members.

It's not about you wanting to find more about his situation, but about the way you are addressing people.

 

[Manoh]

Hi to everyone,

I find this subject very interesting because I have a situation like this.

Actually I have been a PR for barely over 3months (Entered Canada on July 20,2013). Before I left my country my girlfriend was pregnant. (Precisely last December). What happened is, I did not want to do a civil wedding because I thought it could delay the processing of my application. However I did a marriage recognized by our local tradition and customs and also recognized by my country.

My issue is, my girlfriend has now put to birth. Presently I want to notify Citizenship and immigration that my status has changed. That I now have a daughter. As you very well should know, this notification has to come with an application for permanent residence at the same time. What I want to do is to sponsor my girlfriend as a conjugal partner and my baby at the same time. I have actually known my girlfriend for more than four years. To show evidence that I have been in a genuine relationship with my girlfriend, we have a joint bank account, pictures of our traditional wedding, western union receipts for money I have been sending to her while in Canada, and other minor proofs; if should put it that way.

Despite having read the Citizenship and immigration website, I am not too sure that my application to sponsor my daughter and girlfriend will be accepted to sponsor my girlfriend as a conjugal partner bc, the definition and option to sponsor is a little bit complicated. If anyone has got some inputs, I would definitely be excited to read from you.

thanks in advance for you reactions. Nt

 

[Betina]

Hi to everyone,

I find this subject very interesting because I have a situation like this.

Actually I have been a PR for barely over 3months (Entered Canada on July 20,2013). Before I left my country my girlfriend was pregnant. (Precisely last December). What happened is, I did not want to do a civil wedding because I thought it could delay the processing of my application. However I did a marriage recognized by our local tradition and customs and also recognized by my country.

My issue is, my girlfriend has now put to birth. Presently I want to notify Citizenship and immigration that my status has changed. That I now have a daughter. As you very well should know, this notification has to come with an application for permanent residence at the same time. What I want to do is to sponsor my girlfriend as a conjugal partner and my baby at the same time. I have actually known my girlfriend for more than four years. To show evidence that I have been in a genuine relationship with my girlfriend, we have a joint bank account, pictures of our traditional wedding, western union receipts for money I have been sending to her while in Canada, and other minor proofs; if should put it that way.

Despite having read the Citizenship and immigration website, I am not too sure that my application to sponsor my daughter and girlfriend will be accepted to sponsor my girlfriend as a conjugal partner bc, the definition and option to sponsor is a little bit complicated. If anyone has got some inputs, I would definitely be excited to read from you.

thanks in advance for you reactions. Nt

The conjugal partner option is available only for those who are not legally able to get married or to live together for at least 12 continuous months. And that is not your case. You will be able to sponsor your girlfriend if either you marry her and sponsor her as a spouse or live together for at least 12 consecutive months, either in your birth country or in Canada, and sponsor her as your common-law partner.

 

[Manoh]

Thanks Betina,

you actually have a point, but you however did not make any mention of my daughter? Does it mean I can't sponsor her too?

The conjugal partner option is available only for those who are not legally able to get married or to live together for at least 12 continuous months. And that is not your case. You will be able to sponsor your girlfriend if either you marry her and sponsor her as a spouse or live together for at least 12 consecutive months, either in your birth country or in Canada, and sponsor her as your common-law partner.

 

[wowsers]

This is a reply to Randyv's second post. Can you please confirm the following facts, which I have gleaned with some uncertainty from your second post in this thread and from those of your previous posts which are written in English. You have a 'former' wife living in the Philippines who has custody of your 3 children and is refusing to co-operate in having them medically examined. You do not say how she became a 'former' wife: if as I understand may be the case the Philippines do not enable marriages to be dissolved by divorce, and she is indeed a divorced wife, you must have divorced her somewhere other than in the Philippines. My understanding is that this lady is the mother of your 3 children and it is from her that you are separated. You do not state anywhere whether or not there is a court order granting your former wife custody. You also refer to a spousal sponsorship, by which I understand you have remarried, presumably to a Canadian citizen or a permanent resident of Canada, are living in Canada and are unable to proceed with your application for permanent residency because your former wife as custodian of your three children will not agree to have them medically examined. You are not as I now understand the facts separated from your second wife. Are all those facts correct? If those are the facts, I am unable to advise you save to say that the answer to your problem lies either in persuading CIC to waive the medical examination (which at best will only further your own application for permanent residency; it will not enable you, even when you get your permanent residency, to sponsor the children because I doubt very much whether CIC will allow them to be sponsored without a medical.) The alternative is to sort out the problem with your former wife either by agreement or through the courts in the Philippines, for which you will undoubtedly need a lawyer qualified in the Philippines: not an immigration lawyer as Betina advises but a family lawyer. In the only jurisdiction with which I am familiar (not the Philippines and not Canada) it would be possible to ask the family court to vary the custody order, if there is one, or, if there is no such order, to grant you custody or even possibly to ask for an order that you be permitted to take the children for medical examination. In any case you will probably also need a court order enabling you to bring them to Canada. So I am afraid that you are going to have an uphill struggle to overcome the problems (assuming that the facts are as set out above). So far as the children are concerned there is the further alternative of waiting until they reach their majority, when they will be able to choose for themselves whether to submit to a medical and come to Canada. But it would be a long wait if the eldest is only 15.

 

[Betina]

Thanks Betina,

you actually have a point, but you however did not make any mention of my daughter? Does it mean I can't sponsor her too?

If you are already a Permanent Resident and your daughter was born after you became a PR (after you landed), you don't need to notify CIC about anything. The problem would have been if your daughter would have been born before you obtained that status. Not declaring and not adding your daughter to the forms before the decision was made would have meant that you wouldn't have been able to sponsor her and you would have been in jeopardy of losing your status as well, for misrepresentation.

But if that is not the case, you can sponsor your daughter without any problems.
If you don't want to make your family go through 2 immigration processes, the best way would be for you to travel back, marry your girlfriend and then apply to sponsor her, your daughter being her dependent child.