Required Documents

[Alberta2021]

Hello Sir/Ma'am,

I have question regarding my sis in law. She wants to apply LMIA and then PR for Canada. She has one kid. The problem is she wants to take divorce now and bring her kid as dependent baby. What documents she required from her husband?
2. Is it possible to come here without informing her husband and apply for LMIA or PR ? Please advise

 

[Naturgrl]

Hello Sir/Ma'am,

I have question regarding my sis in law. She wants to apply LMIA and then PR for Canada. She has one kid. The problem is she wants to take divorce now and bring her kid as dependent baby. What documents she required from her husband?
2. Is it possible to come here without informing her husband and apply for LMIA or PR ? Please advise

So she has an approved LMIA to apply for closed work permit? She is eligible for PR. She will need full custody of child through the courts with father agreeing that she can take child out of country. She cannot take child out of country with permission of father if courts decide on shared custody.

 

[scylla]

Hello Sir/Ma'am,

I have question regarding my sis in law. She wants to apply LMIA and then PR for Canada. She has one kid. The problem is she wants to take divorce now and bring her kid as dependent baby. What documents she required from her husband?
2. Is it possible to come here without informing her husband and apply for LMIA or PR ? Please advise

Not possible to come with the child without informing her husband. She needs written permission from her husband to take the child out of the country.

 

[Alberta2021]

Hello Ma'am,
Thanks for the prompt response. Currently, she doesn't possess anything. She hasn't initiated divorce proceedings yet. Her plan is to arrive here on an LMIA and subsequently transition to permanent residency. We're interested in knowing which documents are necessary for her husband to provide for their child's PR application. Also, do we require her husband's signature on forms if they divorce before she files for PR?

 

[scylla]

Hello Ma'am,
Thanks for the prompt response. Currently, she doesn't possess anything. She hasn't initiated divorce proceedings yet. Her plan is to arrive here on an LMIA and subsequently transition to permanent residency. We're interested in knowing which documents are necessary for her husband to provide for their child's PR application. Also, do we require her husband's signature on forms if they divorce before she files for PR?

Husband has to provide written consent unless she is awarded sole custody of the child through the courts. Yes, husband's signature will be required without sole custody.

If she wants to arrive her on an LMIA with the child, either she needs his written consent to bring the child (which includes his signature) or then need to have already divorced and she must have already been granted sole legal custody of the child.

 

[Naturgrl]

Hello Ma'am,
Thanks for the prompt response. Currently, she doesn't possess anything. She hasn't initiated divorce proceedings yet. Her plan is to arrive here on an LMIA and subsequently transition to permanent residency. We're interested in knowing which documents are necessary for her husband to provide for their child's PR application. Also, do we require her husband's signature on forms if they divorce before she files for PR?

Until divorced and without sole custody, husband needs to give permission for child to leave the country. So she needs to start divorce proceedings and then courts will decide on custody of the child. Does she even have a Canadian employer who has filed for a LMIA? If so what NOC?