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Applying EE but divorced with Canadian child

johnsonjam

Full Member
May 12, 2019
24
20
Hi all,

First of all I just wanna day it has been really helpful reading all the threads here. However my case might be a bit different here and I would love to have all of your opinions before sending my application out. Basically I have 2 major questions.

I am divorced, my ex wife is a Canadian citizen and hence our 3 year old daughter is a Canadian too. We share custody over our daughter but she stays mainly with my ex wife.

Q1. Should I put my daughter as my dependent at all? Since she is already Canadian.

Regarding foreign work experiences. I have 2 years full time continuous of foreign work experience as NOC 1223 (B) and 2.5 years of full time continuous foreign work experience as NOC 4164 (A), and others work experiences don’t fall under A, B, or 0.

Q2. Should I be claiming 2 years of foreign work experience or 3 years? I am confused because it seems to mention that I have to be in the same occupation. The differences in score can be quite decisive.

Q3. Should I also fill out the experiences that don’t fall under A,B, or 0?

Currently I am also planning to to get remarried and the plan is to apply EE together. However it really depends on the score since I am quite unsure of the foreign work experience section. My score combos below for any suggestions to approach my EE application. As you can see it range widely.

A. Single + 3 year foreign work = 478
B. Spouse + 3 year foreign work = 470
C. Single + 2 year foreign work = 453
D. Spouse + 2 year foreign work = 445

Thank you all for taking your time reading this. Your opinions and suggestions are much appreciated.

Regards,
Johnson
 
Last edited:

Hopeful007

Hero Member
Feb 16, 2019
467
344
1. Don't enter her as a dependent. Just in the family members section after invitation.
2. I don't see anywhere that it has to be 1 job. I would claim 4 years experience. Not 100% sure though.
3. No need to enter these. You can put them on personal history section after the invitation.
 

rajapanesar

Champion Member
Jan 31, 2019
1,734
562
35
Punjab, India
Category........
FSW
NOC Code......
1241
App. Filed.......
19/09/2019
2.
Punch in job 1, select 2 to 3 years experience, ADD.
Punch in job 2, select 2 to 3 years experience, ADD.
 

skape7

Hero Member
Apr 24, 2017
325
95
Hi all,

First of all I just wanna day it has been really helpful reading all the threads here. However my case might be a bit different here and I would love to have all of your opinions before sending my application out. Basically I have 2 major questions.

I am divorced, my ex wife is a Canadian citizen and hence our 3 year old daughter is a Canadian too. We share custody over our daughter but she stays mainly with my ex wife.

Q1. Should I put my daughter as my dependent at all? Since she is already Canadian.

Regarding foreign work experiences. I have 2 years full time continuous of foreign work experience as NOC 1223 (B) and 2.5 years of full time continuous foreign work experience as NOC 4164 (A), and others work experiences don’t fall under A, B, or 0.

Q2. Should I be claiming 2 years of foreign work experience or 3 years? I am confused because it seems to mention that I have to be in the same occupation. The differences in score can be quite decisive.

Q3. Should I also fill out the experiences that don’t fall under A,B, or 0?

Currently I am also planning to to get remarried and the plan is to apply EE together. However it really depends on the score since I am quite unsure of the foreign work experience section. My score combos below for any suggestions to approach my EE application. As you can see it range widely.

A. Single + 3 year foreign work = 478
B. Spouse + 3 year foreign work = 470
C. Single + 2 year foreign work = 453
D. Spouse + 2 year foreign work = 445

Thank you all for taking your time reading this. Your opinions and suggestions are much appreciated.

Regards,
Johnson
I am responding specifically to Q.1

Yes, you certainly should. Even if you are divorced and your ex-spouse has custody of your child - IRCC requires that you declare your child as a dependant. According to them, since you are a biological parent, the child will be your responsibility in case (touchwood) something happens to your ex-spouse.
Since the child is already a Canadian citizen, you shall only need to attach a copy of her passport bio page. That's it. You will not need to pay any fees or get her medicals done. However, this shall affect your POF amount as you will have an additional dependant.
In case, you do not declare her as a dependant, then your application shall be rejected as incomplete.

Please review this case on MyImmitracker (rejected as incomplete for the same reason in Feb 2019). Good luck.
https://myimmitracker.com/en/ca/trackers/consolidated-e-apr-tracker-express-entry-permanent-residency-application/cases/case-67521?p=2
 
Last edited:

johnsonjam

Full Member
May 12, 2019
24
20
1. Don't enter her as a dependent. Just in the family members section after invitation.
2. I don't see anywhere that it has to be 1 job. I would claim 4 years experience. Not 100% sure though.
3. No need to enter these. You can put them on personal history section after the invitation.
Thank you so much for the reply. Do you have any ideas what IRCC will request as the proof of your foreign work experience?
 

johnsonjam

Full Member
May 12, 2019
24
20
I am responding specifically to Q.1

Yes, you certainly should. Even if you are divorced and your ex-spouse has custody of your child - IRCC requires that you declare your child as a dependant. According to them, since you are a biological parent, the child will be your responsibility in case (touchwood) something happens to your ex-spouse.
Since the child is already a Canadian citizen, you shall only need to attach a copy of her passport bio page. That's it. You will not need to pay any fees or get her medicals done. However, this shall affect your POF amount as you will have an additional dependant.
In case, you do not declare her as a dependant, then your application shall be rejected as incomplete.

Please review this case on MyImmitracker (rejected as incomplete for the same reason in Feb 2019). Good luck.
https://myimmitracker.com/en/ca/trackers/consolidated-e-apr-tracker-express-entry-permanent-residency-application/cases/case-67521?p=2
Thank you so much for the detailed answer with examples too. The amount of paperwork is certainly overwhelming. Thanks again!
 

Hopeful007

Hero Member
Feb 16, 2019
467
344
I am responding specifically to Q.1

Yes, you certainly should. Even if you are divorced and your ex-spouse has custody of your child - IRCC requires that you declare your child as a dependant. According to them, since you are a biological parent, the child will be your responsibility in case (touchwood) something happens to your ex-spouse.
Since the child is already a Canadian citizen, you shall only need to attach a copy of her passport bio page. That's it. You will not need to pay any fees or get her medicals done. However, this shall affect your POF amount as you will have an additional dependant.
In case, you do not declare her as a dependant, then your application shall be rejected as incomplete.

Please review this case on MyImmitracker (rejected as incomplete for the same reason in Feb 2019). Good luck.
https://myimmitracker.com/en/ca/trackers/consolidated-e-apr-tracker-express-entry-permanent-residency-application/cases/case-67521?p=2
I quickly skimmed through that case, but I haven't noticed if the child is Canadian or not. It makes a difference, I think.

Plus, they didn't mention the child at all.
 
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skape7

Hero Member
Apr 24, 2017
325
95
I quickly skimmed through that case, but I haven't noticed if the child is Canadian or not. It makes a difference, I think.

Plus, they didn't mention the child at all.
Well, the point I was trying to make by highlighting that particular case was that a child of either spouse, before of during the current marriage, needs to be indicated as a dependant. This is the critical point.

Based on everything I've read so far, IRCC is trying to ascertain two specific points related to members that qualify as your immediate family:
  1. The number of dependents you have (based on current or past family history) and the corresponding amount to be determined for POF.
  2. If the PA or their accompanying members are ever likely to sponsor any other family members in the future.
The reason why it is critical for IRCC to have this information in the beginning is because if the dependants are inadmissible on either medical or criminality grounds - then it directly makes the PA inadmissible too.

Regarding the case on Myimmitracker, the child was not a Canadian citizen, but the Principal Applicant did declare the child in her spouse's family section. As a minor child, the PA would need to submit the medical report for that child - even if the PA's spouse does not have primary custody of the child.
If the child is a Canadian citizen or even a PR, the above point regarding inadmissibility are inconsequential but the ability to support such a dependant remains valid. In all such cases, the child will be considered 'non-accompanying' and no application fees are due. If the child is already a PR, the previously assigned UCI number is recorded with the PA's application, while if he or she is a citizen, then their name is deleted from the PA's application as a UCI number cannot be assigned to Canadian citizens.
 
Last edited:
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Hopeful007

Hero Member
Feb 16, 2019
467
344
Well, the point I was trying to make by highlighting that particular case was that a child of either spouse, before of during the current marriage, needs to be indicated as a dependant. This is the critical point.

Based on everything I've read so far, IRCC is trying to ascertain two specific points related to members that qualify as your immediate family:
  1. The number of dependents you have (based on current or past family history) and the corresponding amount to be determined for POF.
  2. If the PA or their accompanying members are ever likely to sponsor any other family members in the future.
The reason why it is critical for IRCC to have this information in the beginning is because if the dependants are inadmissible on either medical or criminality grounds - then it directly makes the PA inadmissible too.

Regarding the case on Myimmitracker, the child was not a Canadian citizen, but the Principal Applicant did declare the child in her spouse's family section. As a minor child, the PA would need to submit the medical report for that child - even if the PA's spouse does not have primary custody of the child.
If the child is a Canadian citizen or even a PR, the above point regarding inadmissibility are inconsequential but the ability to support such a dependant remains valid. In all such cases, the child will be considered 'non-accompanying' and no application fees are due. If the child is already a PR, the previously assigned UCI number is recorded with the PA's application, while if he or she is a citizen, then their name is deleted from the PA's application as a UCI number cannot be assigned to Canadian citizens.
I see, thanks for the detailed explanation.

My child is a Canadian (no inadmissible issue), plus I am in CEC (no POF requirement). So both points didn't apply to me and I just put her in relatives section.