Non accompanying parent Imm 5604E VS Custody..!!

[Yorker13]

hi all,

i am going through a divorce process with my wife who is living in UAE, previously i sponsored her and kids to become PR and the application was approved, at the last minute she refused to continue the process,even though we reached the stage of passport submission.

after a year and half in court, we reached agreement outside the court for divorce and she agreed to sign the non accompanying parent declaration document to give me her consent to travel with our kids to Canada .

surprisivingly, she changed her mind in the court and requested to be granted custody of our kids, this will contradict with the consent of traveling with the kids to canada.

i am preparting to apply for the kids PR application, but i am afraid in the middle of the process, she will contact IRCC or maybe they will ask about the the court's dicision on custody.

will that be reason to reject the application or her signing of the consent of non accompanying parent will be enough.

thank you

 

[Yorker13]

anyone please

 

[scylla]

hi all,

i am going through a divorce process with my wife who is living in UAE, previously i sponsored her and kids to become PR and the application was approved, at the last minute she refused to continue the process,even though we reached the stage of passport submission.

after a year and half in court, we reached agreement outside the court for divorce and she agreed to sign the non accompanying parent declaration document to give me her consent to travel with our kids to Canada .

surprisivingly, she changed her mind in the court and requested to be granted custody of our kids, this will contradict with the consent of traveling with the kids to canada.

i am preparting to apply for the kids PR application, but i am afraid in the middle of the process, she will contact IRCC or maybe they will ask about the the court's dicision on custody.

will that be reason to reject the application or her signing of the consent of non accompanying parent will be enough.

thank you

Your situation is complex and you would really be better off hiring an immigration lawyer.

My comments:
- She can contact IRCC and withdraw her ageement to the non accompanying parent declaration. There's nothing stopping her from doing that.
- Sure, I guess it's possible IRCC may contact you to ask about the court's decision on custody. I expect that will certainly do that if she contacts them to withdraw her agreement to the non accompanying parent declaration.
- Let's say the application is approved and it's time to travel to Canada, Will she give you a letter then giving authorization for the child to travel? You will need that too from her if you want your child to leave the UAE.

 

[Yorker13]

Your situation is complex and you would really be better off hiring an immigration lawyer.

My comments:
- She can contact IRCC and withdraw her ageement to the non accompanying parent declaration. There's nothing stopping her from doing that.
- Sure, I guess it's possible IRCC may contact you to ask about the court's decision on custody. I expect that will certainly do that if she contacts them to withdraw her agreement to the non accompanying parent declaration.
- Let's say the application is approved and it's time to travel to Canada, Will she give you a letter then giving authorization for the child to travel? You will need that too from her if you want your child to leave the UAE.

myself and the kids are not in UAE, we are in somalia, there was an agreement that kids should stay with me until final decision of the court on divorce and custody, she also signed the non accompanying parent paper infront of a public notary from canada through online session.

what would be the situation if she was granted custody during the process of kids's sponsorship

how can i know if she submitted a withdraw of her signing of the non accompanying letter ?

thx

 

[scylla]

myself and the kids are not in UAE, we are in somalia, there was an agreement that kids should stay with me until final decision of the court on divorce and custody, she also signed the non accompanying parent paper infront of a public notary from canada through online session.

what would be the situation if she was granted custody during the process of kids's sponsorship

how can i know if she submitted a withdraw of her signing of the non accompanying letter ?

thx

- It doesn't matter that she signed in front of a notary. She can withdraw her consent. If she does this, you would find out in the form of an email or PFL from IRCC which indicates consent has been withdrawn sometime after that fact.
- I cannot comment on what the situation will be if she is granted custody during the process of the kid's being sponsored.
- Either way, you'll need a new consent letter from her once it's time to travel. What and what she has signed for the purposes of the sponsorship application won't be sufficient for the kids to travel. So if PR for the kids is approved, she will have to be willing to give her consent again at that time.

 

[canuck78]

Assume you’re flying the Europe of the US so you’ll need written permission that yoir children will be able to fly with you to Canada. Your current custody agreement is a verbal agreement. I expect that IRCC will likely ask for a copy of the custody agreement before issuing the PPR for your children. Would suggest waiting until each child is 18 and then if they’d like to come to Canada then your ex-wife can’t do anything. That may your best option. In countries like Somalia and the UAE custody seems to go to mostly the woman so I assume there is a high probability that your wife will get full or partial custody of your children. Unfortunately I don’t think anything can really move forward until your divorce has been settled.