Taking my kid to Canada

[Rachel Renee]

Hi all,
I currently got my PR and living in Canada.Me and my husband is separated for more than one year and divorce proceedings are going on in India.I couldnt take PR for my son as I didn't get the consent form signed from my husband.Is there any option to take my son with me and do his education here in Canada without getting a PR for him?He is 4 years old.

 

[jordo]

Assuming you properly declared your son as a non-accompanying dependant (and he did the immigration medical exam).....

You can sponsor him to be a PR in the future but you still need IMM 5604 signed by the father. In your divorce proceedings when you ask for custody of your son, the final divorce papers and custody agreement should include statements like:

"The father agrees to allow the son a passport and or passport renewal and have any necessary forms signed that are required for the son to join his mother in Canada"

"The father agrees to allow the son travel authority between Canada and the father's residence as may be necessary to allow international travel."

Getting those statements included will ensure the father signs IMM5604.

I don't know what family court is like in India but that's how we got my wife's ex in the USA to sign the form (though it wasn't in the initial divorce papers. She had to go back and get the custody agreement changed to allow Canadian immigration to happen.)

Without authorization from a court or the father to travel with your son, you will run into trouble at the Canadian border (and other international borders, I'm sure too). CBSA will ask for proof you have permission to travel with your son without his father present.

I don't know about schools but they may require PR status or at the very least a valid TRV to enroll.

 

[Rachel Renee]

Assuming you properly declared your son as a non-accompanying dependant (and he did the immigration medical exam).....

You can sponsor him to be a PR in the future but you still need IMM 5604 signed by the father. In your divorce proceedings when you ask for custody of your son, the final divorce papers and custody agreement should include statements like:

"The father agrees to allow the son a passport and or passport renewal and have any necessary forms signed that are required for the son to join his mother in Canada"

"The father agrees to allow the son travel authority between Canada and the father's residence as may be necessary to allow international travel."

Getting those statements included will ensure the father signs IMM5604.

I don't know what family court is like in India but that's how we got my wife's ex in the USA to sign the form (though it wasn't in the initial divorce papers. She had to go back and get the custody agreement changed to allow Canadian immigration to happen.)

Without authorization from a court or the father to travel with your son, you will run into trouble at the Canadian border (and other international borders, I'm sure too). CBSA will ask for proof you have permission to travel with your son without his father present.

I don't know about schools but they may require PR status or at the very least a valid TRV to enroll.

Thank you so much for the reply.In India divorce proceedings will take a minimum of 3 years and only after that I'll be getting the custody of my child only after that.His father is not cooperating to take him with me.So I can't take my son even as a visitor to Canada?

 

[jordo]

So I can't take my son even as a visitor to Canada?

Immigration may allow your son to visit, but Canadian Border Services Agency will still need proof you have permission to travel with the child without his father present - a travel authorization letter.

 

[scylla]

Thank you so much for the reply.In India divorce proceedings will take a minimum of 3 years and only after that I'll be getting the custody of my child only after that.His father is not cooperating to take him with me.So I can't take my son even as a visitor to Canada?

You require the father's written consent to take your child out of India - yes, even if he's only coming to Canada as a visitor.

 

[Rob_TO]

Thank you so much for the reply.In India divorce proceedings will take a minimum of 3 years and only after that I'll be getting the custody of my child only after that.His father is not cooperating to take him with me.So I can't take my son even as a visitor to Canada?

You may or may not be able to get your child to Canada with a TRV. Airport staff or CBSA enforcing the rule of a child traveling with a single parent, is not always followed. So there is a chance you could get lucky and get your child to Canada without many questions.

However, first main issue you would then face is getting your child enrolled in school. Without PR status or even proof a PR app is in progress, a school may demand the child has a study permit, and you pay expensive international student fees. These rules vary by school.

Then the more serious issue, is that if your husband wants to cause further trouble he can file a police report in India of kidnapping against you, since you have no authority to remove your child without his consent when you don't yet have full legal custody. This could cause immense troubles in your divorce, custody agreement, and potentially even your own PR status if you were ever convicted and got a criminal record in India.

 

[Diana M]

Hi all,
I currently got my PR and living in Canada.Me and my husband is separated for more than one year and divorce proceedings are going on in India.I couldnt take PR for my son as I didn't get the consent form signed from my husband.Is there any option to take my son with me and do his education here in Canada without getting a PR for him?He is 4 years old.

Hi,

This is from CIC site:

Generally, minor children need to apply for a study permit from outside of Canada, if they want to go to study in Canada. However, a minor child can go to school without a study permit if:

• one parent (biological or adoptive) is a Canadian citizen or permanent resident; or
• one parent (biological or adoptive) is permitted to study or work in Canada; or
• neither parent is physically in Canada.

So...as soon as you have PR, even if the child is a visitor, he has the right to go to school in Canada because he is your dependant. Good luck!

 

[Rob_TO]

Hi,

This is from CIC site:

Generally, minor children need to apply for a study permit from outside of Canada, if they want to go to study in Canada. However, a minor child can go to school without a study permit if:

• one parent (biological or adoptive) is a Canadian citizen or permanent resident; or
• one parent (biological or adoptive) is permitted to study or work in Canada; or
• neither parent is physically in Canada.

So...as soon as you have PR, even if the child is a visitor, he has the right to go to school in Canada because he is your dependant. Good luck!

Even if study permit not required, not sure this allows the child to be enrolled without paying international student fees.

 

[Rachel Renee]

Hi,

This is from CIC site:

Generally, minor children need to apply for a study permit from outside of Canada, if they want to go to study in Canada. However, a minor child can go to school without a study permit if:

• one parent (biological or adoptive) is a Canadian citizen or permanent resident; or
• one parent (biological or adoptive) is permitted to study or work in Canada; or
• neither parent is physically in Canada.

So...as soon as you have PR, even if the child is a visitor, he has the right to go to school in Canada because he is your dependant. Good luck!

Hi Thanks a lot for the reply.. So should I pay the same international fee for my child's education in Canada..??

 

[Rachel Renee]

You may or may not be able to get your child to Canada with a TRV. Airport staff or CBSA enforcing the rule of a child traveling with a single parent, is not always followed. So there is a chance you could get lucky and get your child to Canada without many questions.

However, first main issue you would then face is getting your child enrolled in school. Without PR status or even proof a PR app is in progress, a school may demand the child has a study permit, and you pay expensive international student fees. These rules vary by school.

Then the more serious issue, is that if your husband wants to cause further trouble he can file a police report in India of kidnapping against you, since you have no authority to remove your child without his consent when you don't yet have full legal custody. This could cause immense troubles in your divorce, custody agreement, and potentially even your own PR status if you were ever convicted and got a criminal record in India.

Yeah I understand the situation.. But I'm not planning to take him without legal sides getting cleared.. Is there something like a temporary visa for him to stay with me and start his education.. But need to be renewed every year or something so that he is supposed to be in India every year, considering that divorce is not yet happened..?I was just wondering even I

 

[Rachel Renee]

Immigration may allow your son to visit, but Canadian Border Services Agency will still need proof you have permission to travel with the child without his father present - a travel authorization letter.

Thank you for the reply..

 

[Diana M]

Hi Thanks a lot for the reply.. So should I pay the same international fee for my child's education in Canada..??

I don't know yet if the international fees apply or not. I think it's best to go to the school and ask. I'm in the same situation as you, I have common custody with the father of my son. He's not allowing him to leave the country so I sue him in order to leave the country with the approval of the judge. I have the kid staying in my domicile (order given by the judge) but it's the address from my country not from Canada. In this moment i'm just waiting for my PR application to be finish so I can ask the domicile of my child In Canada and approval from the judge to cross the border.

 

[Rachel Renee]

Hi,

This is from CIC site:

Generally, minor children need to apply for a study permit from outside of Canada, if they want to go to study in Canada. However, a minor child can go to school without a study permit if:

• one parent (biological or adoptive) is a Canadian citizen or permanent resident; or
• one parent (biological or adoptive) is permitted to study or work in Canada; or
• neither parent is physically in Canada.

So...as soon as you have PR, even if the child is a visitor, he has the right to go to school in Canada because he is your dependant. Good luck!

So I have to pay international students' fee?How long can he stay with me without a PR..?

 

[Rachel Renee]

I don't know yet if the international fees apply or not. I think it's best to go to the school and ask. I'm in the same situation as you, I have common custody with the father of my son. He's not allowing him to leave the country so I sue him in order to leave the country with the approval of the judge. I have the kid staying in my domicile (order given by the judge) but it's the address from my country not from Canada. In this moment i'm just waiting for my PR application to be finish so I can ask the domicile of my child In Canada and approval from the judge to cross the border.

That's good.. Which country are you from..?I'm not sure if it is possible in India.

 

[Diana M]

That's good.. Which country are you from..?I'm not sure if it is possible in India.

I am from Romania. Good luck