what about KIDS if Wife refuse to go to Canada after approval of Family Sponsorship,

[Yorker13]

hi all,

there is a family dispute between me and my wife, I became Canadian citizen year ago, and i applied for family sponsorship of wife + 3 kids ( 8,7, and 6 years of age ).

the file was approved for COPR on August 2020, but i kept put the landing off 3 times, the problem is our passports are not accepted as travel document so a Single Journey travel document has to be issued for the wife and 3 kids, which measn I have to pay the full amount of ticket as confirmed.

my questions are:

1- if wife refuses to proceed, can i take the kids without the consent of their mother.

2- if wife gives me written consent to travel with the kids ,will IRCC process the application for the kids separately.

3- if we got divorced , can i continue the application for the kids without the mother, or they will revoke their application and i have to start all over again.

4- if we divorce, and court give custody to wife, how can i bring the kids to canada as PR.

 

[scylla]

hi all,

there is a family dispute between me and my wife, I became Canadian citizen year ago, and i applied for family sponsorship of wife + 3 kids ( 8,7, and 6 years of age ).

the file was approved for COPR on August 2020, but i kept put the landing off 3 times, the problem is our passports are not accepted as travel document so a Single Journey travel document has to be issued for the wife and 3 kids, which measn I have to pay the full amount of ticket as confirmed.

my questions are:

1- if wife refuses to proceed, can i take the kids without the consent of their mother.

2- if wife gives me written consent to travel with the kids ,will IRCC process the application for the kids separately.

3- if we got divorced , can i continue the application for the kids without the mother, or they will revoke their application and i have to start all over again.

4- if we divorce, and court give custody to wife, how can i bring the kids to canada as PR.

1. No. You would need to have sole legal custody of the children to be able to move them without their mother's permission.
2. I don't think so since she is the primary applicant. If she doesn't come to Canada then neither can they.
3. You need to reapply.
4. You need her written consent.

 

[Phalos]

irrcc give visa those who dont want visa ?...

 

[canuck78]

hi all,

there is a family dispute between me and my wife, I became Canadian citizen year ago, and i applied for family sponsorship of wife + 3 kids ( 8,7, and 6 years of age ).

the file was approved for COPR on August 2020, but i kept put the landing off 3 times, the problem is our passports are not accepted as travel document so a Single Journey travel document has to be issued for the wife and 3 kids, which measn I have to pay the full amount of ticket as confirmed.

my questions are:

1- if wife refuses to proceed, can i take the kids without the consent of their mother.

2- if wife gives me written consent to travel with the kids ,will IRCC process the application for the kids separately.

3- if we got divorced , can i continue the application for the kids without the mother, or they will revoke their application and i have to start all over again.

4- if we divorce, and court give custody to wife, how can i bring the kids to canada as PR.

In your previous posts you have stated that you are already divorced. If you are not longer in a relationship you had to update IRCC and can no longer sponsor your ex-spouse.

 

[Yorker13]

In your previous posts you have stated that you are already divorced. If you are not longer in a relationship you had to update IRCC and can no longer sponsor your ex-spouse.

no official divorce.
can u answer my questions instead of acting like a police getting to personal .

 

[canuck78]

no official divorce.
can u answer my questions instead of acting like a police getting to personal .

Not acting like police. Without verifying accurate information nobody can help you and you were the one who stated you were divorced in previous post. You have also stated that your wife has custody of your children. You were surprised to find out that your children needed to be added to the calculation of your family size for a supervisa for your parents. Looking back on previous posts allows people to answer questions correctly. It does sound like you are already separated from your spouse and have been living separate lives? Is this correct? If you are already separated you have to inform IRCC about the change in your family composition and your future ex wife should not be landing in Canada as a PR. Others have already provided the answers

1. No you can not take the children without the consent of the mother unless you have full custody. If you took the children without legal right or consent that would be considered kidnapping. Many countries are very careful to verify that a single parent has the right to travel with the children because there are many cases of parents kidnapping their children
2. If you are separated from your spouse, which seems to be the case, you need to inform IRCC that your family composition has changed and your future ex-wife needs to be removed from the sponsorship application before the children land. One of the questions that will be asked before a sponsored family is asked before they land is whether there have been any changes to the composition of the family since applying
3. Even if you are separated and have been living separate lives you have to contact IRCC with proof that you are separated and your wife will be removed from the application and the children will be the ones who remain eligible to land
4. you will only be able to bring the children to Canada with the permission of your ex.

 

[Yorker13]

Not acting like police. Without verifying accurate information nobody can help you and you were the one who stated you were divorced in previous post. You have also stated that your wife has custody of your children. You were surprised to find out that your children needed to be added to the calculation of your family size for a supervisa for your parents. Looking back on previous posts allows people to answer questions correctly. It does sound like you are already separated from your spouse and have been living separate lives? Is this correct? If you are already separated you have to inform IRCC about the change in your family composition and your future ex wife should not be landing in Canada as a PR. Others have already provided the answers

1. No you can not take the children without the consent of the mother unless you have full custody. If you took the children without legal right or consent that would be considered kidnapping. Many countries are very careful to verify that a single parent has the right to travel with the children because there are many cases of parents kidnapping their children
2. If you are separated from your spouse, which seems to be the case, you need to inform IRCC that your family composition has changed and your future ex-wife needs to be removed from the sponsorship application before the children land. One of the questions that will be asked before a sponsored family is asked before they land is whether there have been any changes to the composition of the family since applying
3. Even if you are separated and have been living separate lives you have to contact IRCC with proof that you are separated and your wife will be removed from the application and the children will be the ones who remain eligible to land
4. you will only be able to bring the children to Canada with the permission of your ex.

again, u becoming to personal,

people come through life problems, that is why concerned parties seek advise from others who have experience not to act like if they r under investigation.

in home country court, couple are not divorce until there is a a judge ruling,
when i was asking, i was thinking about all possible scenarios ,
i worked hard to make the application successful , and i have the right to seek better future for my kids , spouse agreed to this plan and at last minute before landing change her mind, so i have to seek all legal and possible options in front of me to reach agreement, like the consent option if she dont want to come to canada..etc.

i was looking for answers and shared experiences, not someone who act like a police and get to personal into people's life.

regarding point number 3:

there is no legal status here as seperate, u r either married or divorced, however, the situation might resemble of a seperation unless we reconcile , are you saying if i send proof that we r seperate and i explain to IRCC that wife is not willing to land in Canada ,they will remove her as principal applicant and process with the same application for the dependents ?
do u have a reference for this?

 

[armoured]

again, u becoming to personal,

people come through life problems, that is why concerned parties seek advise from others who have experience not to act like if they r under investigation.

in home country court, couple are not divorce until there is a a judge ruling,
when i was asking, i was thinking about all possible scenarios ,
i worked hard to make the application successful , and i have the right to seek better future for my kids , spouse agreed to this plan and at last minute before landing change her mind, so i have to seek all legal and possible options in front of me to reach agreement, like the consent option if she dont want to come to canada..etc.

i was looking for answers and shared experiences, not someone who act like a police and get to personal into people's life.

regarding point number 3:

there is no legal status here as seperate, u r either married or divorced, however, the situation might resemble of a seperation unless we reconcile , are you saying if i send proof that we r seperate and i explain to IRCC that wife is not willing to land in Canada ,they will remove her as principal applicant and process with the same application for the dependents ?
do u have a reference for this?

For Canadian immigration purposes, if you are separated, your family situation has changed and you must advise them. Lack of a court order does not matter.

Again you cannot proceed with immigration with children without consent of the other parent or full legal custody. How this is done is moot until you know you can get that consent or custody.

 

[canuck78]

again, u becoming to personal,

people come through life problems, that is why concerned parties seek advise from others who have experience not to act like if they r under investigation.

in home country court, couple are not divorce until there is a a judge ruling,
when i was asking, i was thinking about all possible scenarios ,
i worked hard to make the application successful , and i have the right to seek better future for my kids , spouse agreed to this plan and at last minute before landing change her mind, so i have to seek all legal and possible options in front of me to reach agreement, like the consent option if she dont want to come to canada..etc.

i was looking for answers and shared experiences, not someone who act like a police and get to personal into people's life.

regarding point number 3:

there is no legal status here as seperate, u r either married or divorced, however, the situation might resemble of a seperation unless we reconcile , are you saying if i send proof that we r seperate and i explain to IRCC that wife is not willing to land in Canada ,they will remove her as principal applicant and process with the same application for the dependents ?
do u have a reference for this?

Your family composition is needed to answer any immigration question. It is not as simple as either being divorced or married. If you are separated and leading separately lives and not living as a married couple you are required to inform IRCC of your change in family composition or that is misrepresentation. It doesn't matter that in yur home country you are considered married or divorced. Since you don't seem convinced that this is a requirement hopefully appealing to your future plans will convince you that you must report your change in family composition. If you are considering ever sponsoring another spouse it is actually very important that you declare that you are separated or you will need to wait 3 years after landing until you can sponsor another spouse. You can expect that IRCC will look into this sponsorship request if you do try and sponsor someone in the future or other applications and scrutinize whether you misrepresented your relationship status at the time if your spouse never moves to Canada to live with you.

Moving to Canada or getting PR is not something that you can force someone to do and anyone can change their mind even if they had previously agreed to move to Canada in the past. This is especially the case if the relationship broke down during the sponsorship process. If the relationship broke down during the sponsorship process you have no choice but to inform IRCC of the change in relationship status. If ever there was a reconciliation there is always the opportunity to sponsor again. We have seen some examples on the forum. This is not a business contract where a court will force your ex spouse to move to Canada against her will. She would also have to declare that you were no longer in a relationship before she was able to land. If you show IRCC that you are no longer in a relationship, which you are required to do it's not optional, your ex partner will be removed from the sponsorship application. You will still need her consent for the children to come to Canada unless you have full custody of the children. You would still have the option to sponsor the children when they got older and could determine whether they wanted to be sponsored or not and they wouldn't need their mother's consent to move to Canada.

 

[Phalos]

I keep it short, no fillers.
1. You need FULL custody of kids by court order.
2. You need written signed consent of mother to allow children to immigrate Canada.

If you do not have both, you wiil not succeed.

The End

 

[YVR123]

again, u becoming to personal,

people come through life problems, that is why concerned parties seek advise from others who have experience not to act like if they r under investigation.

in home country court, couple are not divorce until there is a a judge ruling,
when i was asking, i was thinking about all possible scenarios ,
i worked hard to make the application successful , and i have the right to seek better future for my kids , spouse agreed to this plan and at last minute before landing change her mind, so i have to seek all legal and possible options in front of me to reach agreement, like the consent option if she dont want to come to canada..etc.

i was looking for answers and shared experiences, not someone who act like a police and get to personal into people's life.

regarding point number 3:

there is no legal status here as seperate, u r either married or divorced, however, the situation might resemble of a seperation unless we reconcile , are you saying if i send proof that we r seperate and i explain to IRCC that wife is not willing to land in Canada ,they will remove her as principal applicant and process with the same application for the dependents ?
do u have a reference for this?

If you are uncomfortable to disclose your family composition in a forum, you cannot really expect any accurate answer here.

May be best to hire an immigration lawyer and consult that in private.