URGENT advice for a friend

[believe13]

Hi

I recently posted re my citizenship application & found everyone helpful so now I have few questions for a friend:

She is married & met PR (730 days) she has applied for citizenship met (1,095 days) but her baby (nearly 1yr old) was born in UK (personal preference as most her family are there, most of her husbands are here)
She has 1yr maternity leave & baby was 3months old before she returned back to Canada. Somehow they thought baby would get PR as they have? but on returning was given 1yr TRV (which is usually 6mnths) to apply PR for baby, they were going to wait until they get citizenship which automatically gives baby rights but as we know its long process & they will have no OHIP for baby.

She recently found out her husband has cheated & wants to separate & return to UK. Obviously she needs to go court & get consent but concerning the TRV expiring it is illegal for baby to overstay so

In her favour:
1) can she go "on holiday" back to UK with her family for support & "forced" to stay as baby TRV expired
2) her PR renewal/citizenship wont be affected if out of canada for a while
3) get free healthcare for baby (as no OHIP)

Mutually:
1)work on the marriage go counseling
2)apply for baby's TRV extension/PR application

If her husband goes court to make them return will it be costly & how long will they have to separate before apply for divorce?

 

[scylla]

Can you please clarify exactly what your questions are? It's a bit confusing from your post if some of the things you've written are statements or questions.

 

[believe13]

Can you please clarify exactly what your questions are? It's a bit confusing from your post if some of the things you've written are statements or questions.

Hi

My apologies. The numbering are questions I'd like to ask NOT statements.
By "in her favour" I'm asking if she does return UK can these questions be an advantage to HER.
In summarising if he goes to court for them to return & apply for divorce will it affect her citizenship application?
Thanks!

 

[zardoz]

Is the father a Canadian citizen?

 

[believe13]

Is the father a Canadian citizen?

Hi zardoz

No he isn't he has PR too like wife. Do you have any advice? It is a complex situation

 

[scylla]

Since the father is a PR, the child definitely needs to be sponsored and gets no status in Canada automatically. And since the family is living in Ontario, I don't think free health care will be an option until the child becomes a PR.

She can leave Canada (assuming she has met the residency requirement). The processing of her PR card shouldn't be affected.

 

[believe13]

Scylla

Thanks but dont think its as easy as that. Can she take a chance leave Canada & return to UK (without fathers consent) although baby has no OHIP & TRV soon to expire?
My main question is if he goes court to say he NEVER consented AFTER they have left does she have to return even if baby born in UK & has no status in canada?
You said it wont affect PR but what about her citizenship application? she wants to get citizenship so baby has rights from her. Is it possible that she can stay out of canada until the oath & file for divorce?

 

[zardoz]

I think that it would be a SERIOUS mistake to remove the child without consent or a court order. I found this...

A parent of a child who is under 14 years old may be charged with “child snatching” under s. 283(1) of the Criminal Code of Canada if that person removes the child from the other parent without permission. If a person charged with abduction or “child snatching” is found guilty, they may face imprisonment for up to 10 years. Therefore, if a custody order is not in place, a parent should not take their child from the home without letting the other parent know where the child will be.

on a family law website. See also http://travel.gc.ca/travelling/publications/international-child-abductions

 

[believe13]

I think that it would be a SERIOUS mistake to remove the child without consent or a court order. I found this... on a family law website. See also http://travel.gc.ca/travelling/publications/international-child-abductions

Just as I thought but what happens to the baby overstaying TRV isn't that illegal & serious offence too?
Due to the separation none of them have taken any action to renew TRV or apply for PR!
She wants the easiest option & go UK but there will be consequences!

 

[scylla]

I think that it would be a SERIOUS mistake to remove the child without consent or a court order. I found this... on a family law website. See also http://travel.gc.ca/travelling/publications/international-child-abductions

Yes - I agree. I didn't read the question clearly enough and now understand the complexity.

She should find a lawyer asap to help her. I think this is one of those situations where relying on advice from a forum isn't the way to go.

 

[zardoz]

Just as I thought but what happens to the baby overstaying TRV isn't that illegal & serious offence too?
Due to the separation none of them have taken any action to renew TRV or apply for PR!
She wants the easiest option & go UK but there will be consequences!

I suspect that child protection trumps immigration law. Time to contact a lawyer with the aim of gaining sole custody.
If she goes down the road of trying to remove the child illegally, she can kiss goodbye to her citizenship application, and she might compromise her PR too.

 

[believe13]

So your advice to her is STAY extend baby's TRV or apply for PR then
Go court get custody rights (whilst filing for divorce) then go UK

I was concerned if baby can overstay or if either of them can afford to file for custody, divorce etc even if entitled to legal aid
& how long do they have to separate before can file for a divorce?
I personally don't think she will return UK indefinitely its just temporarily for family support (she has no family here) plus healthcare is free for baby.
Its a shock to her now in time sure everything will sort itself out

 

[scylla]

I agree. I don't see why the TRV is such a big deal. It should be very easy to extend.

For some reason I originally read it as "TRP" rather than "TRV".

Since it's a TRV - it's very straight forward to extend.