Advice on Court wording...will it help approve PR for dependent children

[Yorker13]

Hi,

I had approval on sponsoring my children for PR, my ex-wife agreed for the kids to immigrate to Canada, but just before the travel date, she changed her mind and went to court and won CUSTODY Case outside Canada.
i believe she send email to IRCC and told them she changed her consent and as custodian she thinks she cant get PR visa for to accompany the kids and stay with them, although she had a PR and she revoked it in 2017 and refused my PR sponsorship in 2021.

i received letter from IRCC , here is their exact wording:



"
We are conducting a further review of the applications for your children named above, and I
have concerns that you may no longer have permission to take your children to Canada. Please
provide evidence that you have legal authority for them to travel with you to Canada for the
purpose of them becoming permanent residents within 15 days of this letter. "


i made a petition to the court to travel with my children for short period just to complete their PERMENANT RESIDENCY PROCEDURES

the translated text is below

"
The Defendant is ordered to hand over the children’s passports to enable the Claimant to take them outside the State (Canada) for the purpose of completing permanent residency procedures, during the period from 07/02/2026 until 15/02/2026, provided that the Claimant deposits a financial guarantee in the amount of 10,000 and the passport of his father or mother, which shall be returned to him immediately upon his return with the children on or before the specified date. The passports and the children shall be handed over at least two days prior to travel, "



my question is ?

what's your intake on the court petition order, they allowed me to travel with my children to complete the PR process, but return them ,

this sentence of returning the children and putting a deposit as guarantee is making me sleepless that IRCC officer might deem this doesnt equate to migration to permanently be in Canada, although i sent them explanation letter that , saying as a Canadian citizen am planning to apply sponsorship for my children as soon as they complete their PR as that is the only condition for minors under 18 with a Canadian parent to be legible for Canadian citizenship

 

[Buletruck]

Hi,

I had approval on sponsoring my children for PR, my ex-wife agreed for the kids to immigrate to Canada, but just before the travel date, she changed her mind and went to court and won CUSTODY Case outside Canada.
i believe she send email to IRCC and told them she changed her consent and as custodian she thinks she cant get PR visa for to accompany the kids and stay with them, although she had a PR and she revoked it in 2017 and refused my PR sponsorship in 2021.

i received letter from IRCC , here is their exact wording:



"
We are conducting a further review of the applications for your children named above, and I
have concerns that you may no longer have permission to take your children to Canada. Please
provide evidence that you have legal authority for them to travel with you to Canada for the
purpose of them becoming permanent residents within 15 days of this letter. "


i made a petition to the court to travel with my children for short period just to complete their PERMENANT RESIDENCY PROCEDURES

the translated text is below

"
The Defendant is ordered to hand over the children’s passports to enable the Claimant to take them outside the State (Canada) for the purpose of completing permanent residency procedures, during the period from 07/02/2026 until 15/02/2026, provided that the Claimant deposits a financial guarantee in the amount of 10,000 and the passport of his father or mother, which shall be returned to him immediately upon his return with the children on or before the specified date. The passports and the children shall be handed over at least two days prior to travel, "



my question is ?

what's your intake on the court petition order, they allowed me to travel with my children to complete the PR process, but return them ,

this sentence of returning the children and putting a deposit as guarantee is making me sleepless that IRCC officer might deem this doesnt equate to migration to permanently be in Canada, although i sent them explanation letter that , saying as a Canadian citizen am planning to apply sponsorship for my children as soon as they complete their PR as that is the only condition for minors under 18 with a Canadian parent to be legible for Canadian citizenship

You really need a lawyer. A good one. Given the UAE isn't a signator to the Hague Convention on child protection, I'd guess IRCC is still going to want the custodial parents consent regardless of what the court order says.

 

[canuck78]

Agree that this is exactly how parental abduction cases. The fact that your ex now appears to have full-custody and it’s unclear if you have any other visitation but the 1 week then not sure getting PR with no intention of remaining in Canada is a valid reason to approve the sponsorship. Your best bet may be to wait until your children are 18+ and sponsor them at that point if they want to be sponsored.

 

[Yorker13]

Agree that this is exactly how parental abduction cases. The fact that your ex now appears to have full-custody and it’s unclear if you have any other visitation but the 1 week then not sure getting PR with no intention of remaining in Canada is a valid reason to approve the sponsorship. Your best bet may be to wait until your children are 18+ and sponsor them at that point if they want to be sponsored.

In UAE , there is Two roles for divorced parents.
Father: Guardian who makes major decisions and fully financially responsible on everything his minor children’s need.

Custodian: mother who looks after day to day needs,

So if i ask the court that i need to move my children to my whereabout the court will not object at all provided i satisfactory accomodate the mother to continue her custody role where i live, that means i have to sponsor her as well, and i guess thats how she tried to deceive IRCC by saying her visit visa was rejected and can’t accompany the children.
I tried to briefly provide articles from UAE family law website to IRCC to explain father role and i was waiting for two years for her to get a visa or work permit in Canada, now time is running and medical test is expiring and i need to save the sponsorship hence the week of landing to complete the PR.

I am also planning to apply for their canadian citizenship as soon as they get PR so I wouldn’t worry about their RO obligation .

 

[canuck78]

In UAE , there is Two roles for divorced parents.
Father: Guardian who makes major decisions and fully financially responsible on everything his minor children’s need.

Custodian: mother who looks after day to day needs,

So if i ask the court that i need to move my children to my whereabout the court will not object at all provided i satisfactory accomodate the mother to continue her custody role where i live, that means i have to sponsor her as well, and i guess thats how she tried to deceive IRCC by saying her visit visa was rejected and can’t accompany the children.
I tried to briefly provide articles from UAE family law website to IRCC to explain father role and i was waiting for two years for her to get a visa or work permit in Canada, now time is running and medical test is expiring and i need to save the sponsorship hence the week of landing to complete the PR.

I am also planning to apply for their canadian citizenship as soon as they get PR so I wouldn’t worry about their RO obligation .

Given that the mother appears to have no way to move or live in Canada there is no way to satisfy the UAE child custody requirement. The UAE child custody rules appear to be primarily be that father is in charge of financially supporting the children and making major life decisions while the mother is in charge of physical custody. If the children leave Canada, Canada will be concerned that you will not return them to the mother. Canada is also likely aware that the mother would have minimal recourse in the UAE if you refused to return the children. You wanting to secure Canadian citizenship for the children without having to meet an RO is not a reason to let the children travel to Canada as a minor. They could be sponsored when they are 18+ years old and are considered adults and there are no custody issues. How is the mother trying to deceive IRCC? She has raised valid concerns that she has full custody of the children and is concerned about any travel outside the UAE. Potential parental abduction is an issue Canada takes very seriously. It also sounds like you didn’t update IRCC about your finalized custody agreement which also would concern IRCC.

 

[Yorker13]

Given that the mother appears to have no way to move or live in Canada there is no way to satisfy the UAE child custody requirement. The UAE child custody rules appear to be primarily be that father is in charge of financially supporting the children and making major life decisions while the mother is in charge of physical custody. If the children leave Canada, Canada will be concerned that you will not return them to the mother. Canada is also likely aware that the mother would have minimal recourse in the UAE if you refused to return the children. You wanting to secure Canadian citizenship for the children without having to meet an RO is not a reason to let the children travel to Canada as a minor. They could be sponsored when they are 18+ years old and are considered adults and there are no custody issues. How is the mother trying to deceive IRCC? She has raised valid concerns that she has full custody of the children and is concerned about any travel outside the UAE. Potential parental abduction is an issue Canada takes very seriously. It also sounds like you didn’t update IRCC about your finalized custody agreement which also would concern IRCC.

I hope the IRCC doesn’t make similar assumptions.

First my ex-wife used to have PR status and she revoked it and i sponsored her again and she passed all the process until landing which again she refused,
She worked in UK and i took our children and i signed the consent on agreements that kids will have canadian pr and she signed the non accompanying parent document.
She was cooperative throughout the whole process until she went to uae where she knew laws there give custody to mother automatically, and she decided that same day the kids were supposed to travel to canada.
I have all the emails betweet us, she never showed any concerns , on the contrary she was looking for jobs in Canada.

The court asked for my parent’s passport and money deposited as guarantee to return the kids after landing.

The custody case is not yet final and she have first sentence ruling i can appeal and also go to high court.

For the citizenship for minors, there is no minimum presence requirement so RO is not an issue as i can apply to their citizenship certificate as soon as i get their pr cards.

 

[Naturgrl]

I hope the IRCC doesn’t make similar assumptions.

First my ex-wife used to have PR status and she revoked it and i sponsored her again and she passed all the process until landing which again she refused,
She worked in UK and i took our children and i signed the consent on agreements that kids will have canadian pr and she signed the non accompanying parent document.
She was cooperative throughout the whole process until she went to uae where she knew laws there give custody to mother automatically, and she decided that same day the kids were supposed to travel to canada.
I have all the emails betweet us, she never showed any concerns , on the contrary she was looking for jobs in Canada.

The court asked for my parent’s passport and money deposited as guarantee to return the kids after landing.

The custody case is not yet final and she have first sentence ruling i can appeal and also go to high court.

For the citizenship for minors, there is no minimum presence requirement so RO is not an issue as i can apply to their citizenship certificate as soon as i get their pr cards.

So you are Canadian citizen? How old are they? As per the Canadian citizenship site for minors for them to get citizenship it be "A parent or legal guardian having custody of the minor must sign." So you will show when they apply that you have full custody of the children. Talk to your ex about the importance of you having custody of the children, and taking them to Canada first to get PR.

 

[Yorker13]

So you are Canadian citizen? How old are they? As per the Canadian citizenship site for minors for them to get citizenship it be "A parent or legal guardian having custody of the minor must sign." So you will show when they apply that you have full custody of the children. Talk to your ex about the importance of you having custody of the children, and taking them to Canada first to get PR.

10,12 and 13
Yes i am canadian citizen.
It says A parent
I am their father and guardian
There is two roles
Guardian and custodian
First option is A parent

 

[Naturgrl]

10,12 and 13
Yes i am canadian citizen.
It says A parent
I am their father and guardian
There is two roles
Guardian and custodian
First option is A parent

Clarify with a lawyer because it says OR and then custody of child. Since you are their guardian then prove that to IRCC. A parent or legal guardian having custody of the minor must sign. A parent having custody or legal guardian having custody. Don't think IRCC would allow only one parent to sign who doesn't have custody, and potentially separate children from a parent who has full custody. But you say that you are their guardian so you have legal documents that say that.

 

[canuck78]

Clarify with a lawyer because it says OR and then custody of child. Since you are their guardian then prove that to IRCC. A parent or legal guardian having custody of the minor must sign. A parent having custody or legal guardian having custody. Don't think IRCC would allow only one parent to sign who doesn't have custody, and potentially separate children from a parent who has full custody. But you say that you are their guardian so you have legal documents that say that.

Pretty sure the term guardian is being misinterpreted by @Yorker13

 

[canuck78]

I hope the IRCC doesn’t make similar assumptions.

First my ex-wife used to have PR status and she revoked it and i sponsored her again and she passed all the process until landing which again she refused,
She worked in UK and i took our children and i signed the consent on agreements that kids will have canadian pr and she signed the non accompanying parent document.
She was cooperative throughout the whole process until she went to uae where she knew laws there give custody to mother automatically, and she decided that same day the kids were supposed to travel to canada.
I have all the emails betweet us, she never showed any concerns , on the contrary she was looking for jobs in Canada.

The court asked for my parent’s passport and money deposited as guarantee to return the kids after landing.

The custody case is not yet final and she have first sentence ruling i can appeal and also go to high court.

For the citizenship for minors, there is no minimum presence requirement so RO is not an issue as i can apply to their citizenship certificate as soon as i get their pr cards.

If you were already separated you couldn’t sponsor her. She also has the right not to land as a PR or relinquish her PR status. This is primarily a child custody issue. She has the right to move wherever she wants as long as not breaking any custody agreement already in place and she is also entitled to change her mind at any point. I understand that you have no intention for your children to actually settle with you in Canada but want to apply for their citizenship but that doesn’t mean Canada has to facilitate this especially if your ex-wife has full-custody of your children. If you actually intend on settling in Canada then sponsoring them when they are older and can decide if they want to move to Canada should not be an issue.