Dependent Child's PR sponsorship rejected due to missing DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN (IMM 5604)

[coprwaitisover]

Hi there, I need an urgent help.
Here is my situation:

• My son is born in India and currently with my wife staying in India.
• I am the sponsor and in Canada.

I mentioned in the letter of explanation that my wife is already a PR and I will travel to India to bring both of them here. Still IRCC rejected the application with following reason:
DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN (IMM 5604)
• A completed and signed Declaration from Non-Accompanying Parent/Guardian (IMM 5604) form is required. Please submit a copy of an identity document for the non-accompanying parent who signs the declaration. The parent’s signature must appear on the identity document. If you cannot provide a document that is required, you must provide a detailed letter of explanation.

Questions I have:

1. Is this required to be submitted?
2. If yes, who should fill the form and get this notarized? My wife?
3. Can I just choose "IMM 5604" in the Additional Application Forms and write letter of explanation about this?

Please help as this is urgent and it feels like 3 months are wasted and the re-submission will cause further processing delays.

 

[coprwaitisover]

@canuck78 @armoured @YVR123 please provide your valuable feedback here.

 

[armoured]

Hi there, I need an urgent help.
Here is my situation:

• My son is born in India and currently with my wife staying in India.
• I am the sponsor and in Canada.

I mentioned in the letter of explanation that my wife is already a PR and I will travel to India to bring both of them here. Still IRCC rejected the application with following reason:
DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN (IMM 5604)
• A completed and signed Declaration from Non-Accompanying Parent/Guardian (IMM 5604) form is required. Please submit a copy of an identity document for the non-accompanying parent who signs the declaration. The parent’s signature must appear on the identity document. If you cannot provide a document that is required, you must provide a detailed letter of explanation.

Questions I have:

1. Is this required to be submitted?
2. If yes, who should fill the form and get this notarized? My wife?
3. Can I just choose "IMM 5604" in the Additional Application Forms and write letter of explanation about this?

Please help as this is urgent and it feels like 3 months are wasted and the re-submission will cause further processing delays.

In my opinion you are over-thinking. If they have asked for this form and it's not that difficult to get it done, then just provide it.

I would approach the issue about notarization the exact same way: since it's not usually that difficult to get this doc notarized, just do it. (If truly difficult for some reason, then IMO would be okay to risk submitting the non-notarized form).

In both cases I would still provide the PR card of spouse as identification and a short letter of explanation that the spouse/parent will accompany the child back to Canada.

Side note: yes, I also think this is NOT technically required. Some IRCC staff do not appear to understand this. But my approach of just providing it will definitely work, and probably more quickly than digging your heels in.

 

[coprwaitisover]

In my opinion you are over-thinking. If they have asked for this form and it's not that difficult to get it done, then just provide it.

I would approach the issue about notarization the exact same way: since it's not usually that difficult to get this doc notarized, just do it. (If truly difficult for some reason, then IMO would be okay to risk submitting the non-notarized form).

In both cases I would still provide the PR card of spouse as identification and a short letter of explanation that the spouse/parent will accompany the child back to Canada.

Side note: yes, I also think this is NOT technically required. Some IRCC staff do not appear to understand this. But my approach of just providing it will definitely work, and probably more quickly than digging your heels in.

Thank you so much for your feedback.
I just want to make sure that I get this rightly complete. Do you mean my wife needs to get the Form notarized from india? In that form should we add my name as well because I'll be bringing them here?

 

[canuck78]

Thank you so much for your feedback.
I just want to make sure that I get this rightly complete. Do you mean my wife needs to get the Form notarized from india? In that form should we add my name as well because I'll be bringing them here?

This is primarily to ensure your spouse is happy for you to sponsor your child and for your child to travel to Canada so no your name is not important.

 

[coprwaitisover]

This is primarily to ensure your spouse is happy for you to sponsor your child and for your child to travel to Canada so no your name is not important.

Okay. It means my wife needs to get this notarized in India. Correct?

 

[armoured]

Okay. It means my wife needs to get this notarized in India. Correct?

She can get it notarized wherever she likes. Note some forms require a witness (I think this may be one), you'll have to coordinate that with the notary.

Again - possibly not needed, but if you want it processed more quickly, may as well dot the tees and cross the eyes.

 

[Dependent child]

Hi there, I need an urgent help.
Here is my situation:

• My son is born in India and currently with my wife staying in India.
• I am the sponsor and in Canada.

I mentioned in the letter of explanation that my wife is already a PR and I will travel to India to bring both of them here. Still IRCC rejected the application with following reason:
DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN (IMM 5604)
• A completed and signed Declaration from Non-Accompanying Parent/Guardian (IMM 5604) form is required. Please submit a copy of an identity document for the non-accompanying parent who signs the declaration. The parent’s signature must appear on the identity document. If you cannot provide a document that is required, you must provide a detailed letter of explanation.

Questions I have:

1. Is this required to be submitted?
2. If yes, who should fill the form and get this notarized? My wife?
3. Can I just choose "IMM 5604" in the Additional Application Forms and write letter of explanation about this?

Please help as this is urgent and it feels like 3 months are wasted and the re-submission will cause further processing delays.

Hi, just saw your previous post wondering what did you answer to question#6 in application form? I am also submitting for my child where my wife is in India with baby ,and I answer yes to #6, but now wondering if I should add IMM5604 or no?

 

[armoured]

Hi there, I need an urgent help.
Here is my situation:

• My son is born in India and currently with my wife staying in India.
• I am the sponsor and in Canada.

I mentioned in the letter of explanation that my wife is already a PR and I will travel to India to bring both of them here. Still IRCC rejected the application with following reason:
DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN (IMM 5604)
• A completed and signed Declaration from Non-Accompanying Parent/Guardian (IMM 5604) form is required. Please submit a copy of an identity document for the non-accompanying parent who signs the declaration. The parent’s signature must appear on the identity document. If you cannot provide a document that is required, you must provide a detailed letter of explanation.

Questions I have:

1. Is this required to be submitted?
2. If yes, who should fill the form and get this notarized? My wife?
3. Can I just choose "IMM 5604" in the Additional Application Forms and write letter of explanation about this?

Please help as this is urgent and it feels like 3 months are wasted and the re-submission will cause further processing delays.

Quick q as I didn't notice a detail here - when you say it was 'rejected', was it sent back to you as incomplete? Or was it accepted for processing (AOR) and then you got a refusal?

Important to know - most of the time they've been accepting these and then (in some cases) asking for the declaration afterwards.

If they now outright require and this isn't just an error / they didn't read your LOE, important to note for others.

(They should not have 'rejected' without issuing you a procedural fairness letter - but they don't consider sending back as incomplete to be a rejection.)

 

[coprwaitisover]

Quick q as I didn't notice a detail here - when you say it was 'rejected', was it sent back to you as incomplete? Or was it accepted for processing (AOR) and then you got a refusal?

Important to know - most of the time they've been accepting these and then (in some cases) asking for the declaration afterwards.

If they now outright require and this isn't just an error / they didn't read your LOE, important to note for others.

(They should not have 'rejected' without issuing you a procedural fairness letter - but they don't consider sending back as incomplete to be a rejection.)

Hi, I didn't receive AOR but the word "rejected" was mentioned in the rejection letter. Here is the text from the letter I received:

This refers to the application you submitted to sponsor your spouse, common-law partner, conjugal partner or dependent child and the associated application for a permanent resident visa.


Please note your application has been rejected for the following reason:


• DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN (IMM
5604)
. A completed and signed Declaration from Non-Accompanying Parent/Guardian (IMM 5604) form is required. Please submit a copy of an identity document for the non-
accompanying parent who signs the declaration. The parent’s signature must appear on the identity document. If you cannot provide a document that is required, you must provide a detailed letter of explanation.

 

[coprwaitisover]

Hi, I didn't receive AOR but the word "rejected" was mentioned in the rejection letter. Here is the text from the letter I received:

This refers to the application you submitted to sponsor your spouse, common-law partner, conjugal partner or dependent child and the associated application for a permanent resident visa.


Please note your application has been rejected for the following reason:


• DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN (IMM
5604)
. A completed and signed Declaration from Non-Accompanying Parent/Guardian (IMM 5604) form is required. Please submit a copy of an identity document for the non-
accompanying parent who signs the declaration. The parent’s signature must appear on the identity document. If you cannot provide a document that is required, you must provide a detailed letter of explanation.

Also @armoured , do you think I should combine the notarized from and a letter of explanation stating that we three will be travelling and staying together in Canada?

 

[Dependent child]

Hi, I didn't receive AOR but the word "rejected" was mentioned in the rejection letter. Here is the text from the letter I received:

This refers to the application you submitted to sponsor your spouse, common-law partner, conjugal partner or dependent child and the associated application for a permanent resident visa.


Please note your application has been rejected for the following reason:


• DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN (IMM
5604)
. A completed and signed Declaration from Non-Accompanying Parent/Guardian (IMM 5604) form is required. Please submit a copy of an identity document for the non-
accompanying parent who signs the declaration. The parent’s signature must appear on the identity document. If you cannot provide a document that is required, you must provide a detailed letter of explanation.

Will you have to submit new application or you can add form to existing one ?

 

[YVR123]

@canuck78 @armoured @YVR123 please provide your valuable feedback here.

Sorry. I am not familiar with this situation. I will let other members respond.

 

[armoured]

Hi, I didn't receive AOR but the word "rejected" was mentioned in the rejection letter. Here is the text from the letter I received:

This refers to the application you submitted to sponsor your spouse, common-law partner, conjugal partner or dependent child and the associated application for a permanent resident visa.


Please note your application has been rejected for the following reason:


• DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN (IMM
5604)
. A completed and signed Declaration from Non-Accompanying Parent/Guardian (IMM 5604) form is required. Please submit a copy of an identity document for the non-
accompanying parent who signs the declaration. The parent’s signature must appear on the identity document. If you cannot provide a document that is required, you must provide a detailed letter of explanation.

Odd. For other types of apps leaving something out is called not accepted or returned, not rejected - and rejection should give a PFL. Did they say whether you have to pay again?

 

[armoured]

Also @armoured , do you think I should combine the notarized from and a letter of explanation stating that we three will be travelling and staying together in Canada?

Personally - as I wrote above - I would do both.

Now note, since it was 'rejected' (despite my questions), I would absolutely get the form notarized.

Me, I'd also go to my MP and ask/complain - I don't think they should have rejected this, that they should have given you a chance to add the required form, and that the form should not be required when it's made clear that the other spouse - already a PR or citizen - will return to Canada with the child. And I'd definitely complain if I was being made to pay the fees again, since I think it's their fault.

And also make the point to MP to complain to IRCC: this is a VERY common scenario. They should not put parents in this situation who are habitually resident in Canada and chose to give birth elsewhere - nothing wrong with that* - and IRCC could make clear exactly what is needed in this situation (provide specific instructions).

* Yes, parents also bear the costs / inconveniences of that choice in general, like sponsoring their dependants - but that's not a reason for IRCC to make it worse by having unclear instructions for a common scenario, handling them differently and arbitrarily, and asking for odd things from PRs/residents. If they feel they need the legal cover even for parents returning with their children, just state that clearly.