URGENT : IRCC asking for evident of legal authority over a child to travel to canada for PR

[Yorker13]

Hi,

i need urgent help,

my ex-wife signed the non-accompanying immigration document at time when i was applying to sponsor our children 2 years ago,

the process took long because she kept living in different countries with the children, finally they settled in UAE,

i got approval on the sponsorship and was ready to travel with them on 7th February,

she applied to custody in UAE and won the case,

i received letter from IRCC that they have concerns that i may not have permission anymore to travel with the kids to Canada,

so,ircc asked me to provide evidence of me having LEGAL AUTHORITY over them to travel to Canada for the purpose of becoming Permanent residents within 15 days.

when she applied for the custody, the court rejected my request to travel with the kids because i didnt provide a guarantee they will return to their custodian mother,

so i applied for Court petition and provided a guarntee to return the kids,

the court gave me one week which i believe is enough to do their landing and return them.


my question is:

will IRCC accept the court order on a petition that limits the travel for one week, and IRCC might take that as not real intention to permanently settling in for the kids.

my intentions was , to apply for canadian citizenship to my kids who were born outside canada and before i became a citizen,

the rules are minors with canadian parent must be a PR to apply for citizenship.

worth mentioning, the custody dispute is not final yet, i still can take the case to high court, but i am afraid if i mention that they will postpone my application which will expire in mid febraury due to medical exam expiration ( done it twice)

please share your experience

 

[scylla]

Hi,

i need urgent help,

my ex-wife signed the non-accompanying immigration document at time when i was applying to sponsor our children 2 years ago,

the process took long because she kept living in different countries with the children, finally they settled in UAE,

i got approval on the sponsorship and was ready to travel with them on 7th February,

she applied to custody in UAE and won the case,

i received letter from IRCC that they have concerns that i may not have permission anymore to travel with the kids to Canada,

so,ircc asked me to provide evidence of me having LEGAL AUTHORITY over them to travel to Canada for the purpose of becoming Permanent residents within 15 days.

when she applied for the custody, the court rejected my request to travel with the kids because i didnt provide a guarantee they will return to their custodian mother,

so i applied for Court petition and provided a guarntee to return the kids,

the court gave me one week which i believe is enough to do their landing and return them.


my question is:

will IRCC accept the court order on a petition that limits the travel for one week, and IRCC might take that as not real intention to permanently settling in for the kids.

my intentions was , to apply for canadian citizenship to my kids who were born outside canada and before i became a citizen,

the rules are minors with canadian parent must be a PR to apply for citizenship.

worth mentioning, the custody dispute is not final yet, i still can take the case to high court, but i am afraid if i mention that they will postpone my application which will expire in mid febraury due to medical exam expiration ( done it twice)

please share your experience

This is way above the paygrade of this forum. You are dealing with complex legal and custody issues and need to consult with a very good immigration lawyer (if you're not doing so already).

I'm not a lawyer. But IMO very possible IRCC may not feel this is enough without a recent authorization letter from your wife given she has custody. When it comes to kids, they tend to play it as safe as possible. Also a chance they may be OK with the authorization you've received but I would then have the same concern as you regarding timing and whether IRCC will complete their review fast enough to make the Feb 7th travel date.

But again, not a lawyer. You really need a lawyer.

 

[Yorker13]

This is way above the paygrade of this forum. You are dealing with complex legal and custody issues and need to consult with a very good immigration lawyer (if you're not doing so already).

I'm not a lawyer. But IMO very possible IRCC may not feel this is enough without a recent authorization letter from your wife given she has custody. When it comes to kids, they tend to play it as safe as possible. Also a chance they may be OK with the authorization you've received but I would then have the same concern as you regarding timing and whether IRCC will complete their review fast enough to make the Feb 7th travel date.

But again, not a lawyer. You really need a lawyer.

I believe my ex was the one who triggered IRCC about her having the custody and she is afraid she might not see the children although she signed the non-accompanying document 2 years ago and i gave her consent to travel with the kids to UK then again agreed for her to travel with the kids to UAE.

my concern, is the wording in the court order which doesnt mention the purpose of the permission to travel with the kids for a week to Canada, and IRCC explicitly mentioned in their letter that i should proof i have legal authority to travel with the children for the PURPOSE OF THEM BECOMING PERMENANT RESIDENT.

i am sure i mentioned that in my motion to the court and showed them visa and COPR from canada embassy but i dont know why the judge didnt mention the reason for the travel.

any idea how to proof to IRCC this travel is for completing the PR which will allow my kids to apply for canadian citizenship

 

[canuck78]

I believe my ex was the one who triggered IRCC about her having the custody and she is afraid she might not see the children although she signed the non-accompanying document 2 years ago and i gave her consent to travel with the kids to UK then again agreed for her to travel with the kids to UAE.

my concern, is the wording in the court order which doesnt mention the purpose of the permission to travel with the kids for a week to Canada, and IRCC explicitly mentioned in their letter that i should proof i have legal authority to travel with the children for the PURPOSE OF THEM BECOMING PERMENANT RESIDENT.

i am sure i mentioned that in my motion to the court and showed them visa and COPR from canada embassy but i dont know why the judge didnt mention the reason for the travel.

any idea how to proof to IRCC this travel is for completing the PR which will allow my kids to apply for canadian citizenship

There are multiple issues involved. When you sponsored your children did you explain that the mother had full custody and they had no intention of living in Canada with you? Sponsorship is not meant to secure citizenship for children with no intention of living in Canada with a parent who doesn’t have custody. Agree that this needs to involve lawyers.

 

[Yorker13]

There are multiple issues involved. When you sponsored your children did you explain that the mother had full custody and they had no intention of living in Canada with you? Sponsorship is not meant to secure citizenship for children with no intention of living in Canada with a parent who doesn’t have custody. Agree that this needs to involve lawyers.

of course i like my kids to be permanantly with me in Canada,

but their mother back stabbed me,

when i started this application ,neither had the custody , in fact she never applied for it until i started preparing for their travel to canada .

isnt obtaining canadian citizenship for a minor is considered establishing permanent ties to Canada ,
besides thats best practical option in this situation, i need the kids to be able to visit me in school breaks and they cant do it without status in canada or even better if they become citizens