Spouse's child from previous marriage

[Tessellata]

Hello all,

I would like to ask a question about dependent child from previous marriage. My husband was married and have a son, who is almost 5 years old. I am his second wife and we would like to move to Canada under EE as a married couple (just him and I). I am a primary applicant, my husband is a part of my application.
I am just curious, how should I state my husband's son from the first marriage in documents - his mother has him in the sole custody. Is he needed to be part of our application as non-accompanying child and do we need to have proof of founds for 3 people (not for 2 people - my husband and me)? Or it is irrelevant, since he lives with his mom and they will stay in the home country?

Thank you very much for any answer.

 

[canuck_in_uk]

Hi

The child needs to be included as a non-accompanying dependent, so I believe that you will need to show proof of funds for 3 people. He also has to have a medical done.

 

[Tessellata]

Thank you for your quick response. It doesn't seem logical to me but ok

Do you know, if we would also need something like an approval from the child's mother, that the child will undergo a medical? Or any other approvals or statements from her? We definitely won't take the child with us since her mother will get married soon and he'll stay in a household with her and her new husband.

 

[canuck_in_uk]

Thank you for your quick response. It doesn't seem logical to me but ok

Do you know, if we would also need something like an approval from the child's mother, that the child will undergo a medical? Or any other approvals or statements from her? We definitely won't take the child with us since her mother will get married soon and he'll stay in a household with her and her new husband.

It's perfectly logical. Say a person has a spouse and 4 kids and wants to immigrate but doesn't have enough money to show proof of funds for 6 people. If they didn't have to show POF for non-accompanying dependents, they would be able to immigrate alone showing funds for only one person. Once here as a PR, they could then sponsor their entire family without showing POF, as spousal and child sponsorship has no minimum income requirement. IRCC blocks that loophole by requiring POF for the entire family regardless of whether they are accompanying or not.

IRCC doesn't need anything from the mother because the child will not be immigrating.

 

[Tessellata]

Well, what doesn't seem logical to me is why the child has to do medical. Other things are quite reasonable.
So just to clarify - in my EE profile I have to state, that I have 2 family members = my husband and his son, although he doesn't live it us, right?

 

[canuck_in_uk]

Well, what doesn't seem logical to me is why the child has to do medical. Other things are quite reasonable.
So just to clarify - in my EE profile I have to state, that I have 2 family members = my husband and his son, although he doesn't live it us, right?

The medical requirement is also perfectly logical. All family members, whether accompanying or not, must pass the medical; if one person is inadmissible, the whole family is inadmissible. If this rule wasn't in place, people could leave medically inadmissible dependents out of their application, immigrate to Canada and then sponsor those dependents under the Family Class, which is exempt from the Excessive Demand rule.

Yes, the app consists of you and 2 family members.

 

[Tessellata]

Your overview is great, thank you very much for all your replies and patience

Have a great rest of the day!

 

[canuck_in_uk]

Your overview is great, thank you very much for all your replies and your patience

Have a great rest of the day!

You're welcome. Good luck with your app!

 

[Tessellata]

Thanks, I am getting more and more upset and desperate, but we will do our best to succeed. Hope it will go well.

 

[ayesha21]

Hi, have u been able to go to Canada? I am in the same situation. My husband has a child from his previous marriage but the mother has the custody.
Really stressed