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Bringing a child to Canada - Complicated Situation (Philippines)

Boracay

Hero Member
Apr 5, 2011
204
4
Boracay, Philippines
Category........
Job Offer........
Pre-Assessed..
Hey everyone, my common law partner from The Philippines and I had one of those applications that was unusually complicated but with the help of everyone here we were able to get all of our questions answered and have been living happily here in Canada now for 5 months.

At the time she came here we were not able to bring her daughter here, and we listed her as non-accompanying. We are now planning for the future to include her in our life here.

In order to bring a child here, she must get the Father's written consent.
The complicated part is the baby's father abandoned here when she was still pregnant. There is no way to find him or contact him. Even if there was it's unlikely he would cooperate.

What we think is good news is that on her daughters birth certificate, the Father is listed as "unknown" I'd assume that would be a good thing because logically it would mean we wouldn't need a signature.

However when applying for my partner to come here, we listed the baby's father's name. We wrote in an attached statement explaining that the birth certificate said unknown but she actually knows his name, he abandoned her, etc
We did that because at the time it seemed to us a bit fishy. It was also because she is legally married to someone else (Yup it's complicated!!) and we didn't want Immigration thinking it was the estranged husbands baby.

I hope that all makes sense!

If we listed the Father's name as Unknown on the childs permanent resident application, would CIC look at my partners application to see the attached document that she knows him after all?

Any advice would be appreciated!
 

Steph C

VIP Member
Nov 11, 2009
3,052
71
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
April 30 2012
Doc's Request.
N/A
File Transfer...
Sep 27 2012
Med's Request
April 15 2013 (re-med)
Interview........
Waived
Passport Req..
March 18 2013
VISA ISSUED...
May 22 2013
LANDED..........
June 6 2013
I think you should put the name down and attach a note. First of all, can the man be found and sign something? That would be the easiest. Second.. I heard that in the Philippines you can get something called an affidavit of abandonment, proving that you're a single parent.
I think your situation is more common than you think.. I hope there's others with more insight! Maybe you can post a question in one of the Filipino threads.
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
281
Category........
Visa Office......
Accra, Ghana
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App. Filed.......
30-01-2008
Interview........
05-05-2009
Boracay said:
If we listed the Father's name as Unknown on the childs permanent resident application, would CIC look at my partners application to see the attached document that she knows him after all?
It would be very risky to assume the visa officer would not look at your partner's PR application. The application is on file, and they will look at it.
She has already admitted to CIC that she knows who the father is, so backtracking now is not an option I would recommend. Get proof that the father abandoned the mother before birth.
 

klitz24

Star Member
Nov 28, 2012
96
0
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
Dec. 17, 2012
AOR Received.
Jan. 31, 2013
Med's Request
Feb. 05, 2013
Med's Done....
Feb. 15, 2013
Interview........
ECAS In Process Sept. 12, 2013
Passport Req..
Oct. 9, 2013/ RPRF Request June 18, 2013 (PAID SAME DATE)
VISA ISSUED...
Nov. 26, 2013
LANDED..........
Already IN CANADA
Hi i was nominated under AINP and i have a daughter back home in the philippines who are 12 years old her mom and i we're not married and we just live by our life now. My daughter is under my application as dependant and just want to ask you guys if you have any idea on how to get daughter without refusing my application as i am the principal applicant for permanent resident. Ive got her birth certificare with my name on it as father, second is have the form for non accompanying that signed by her mother and affidavit of consent the allowing our daughter to reside with me as immigrant. Me and my daughter's mom are now married to different people. I just want to ask you guys if have same case like me. So that the immigration officer will not refuse our application on this kind of situation. Does it need to adopt my own daughter as this is one of the requirements on my checklist by if applicable only??? Help me guys if you any idea. Im juat running out of time and need to pass my documents to CIC office. Needs Help ASAP
Thanks alot
Marvin
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
281
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
If you have listed the child as non-accompanying and have gotten her medicals, your application should be OK. Or are you trying to bring the child with you to Canada?
 

nezya

Hero Member
May 16, 2010
207
1
klitz24 said:
Hi i was nominated under AINP and i have a daughter back home in the philippines who are 12 years old her mom and i we're not married and we just live by our life now. My daughter is under my application as dependant and just want to ask you guys if you have any idea on how to get daughter without refusing my application as i am the principal applicant for permanent resident. Ive got her birth certificare with my name on it as father, second is have the form for non accompanying that signed by her mother and affidavit of consent the allowing our daughter to reside with me as immigrant. Me and my daughter's mom are now married to different people. I just want to ask you guys if have same case like me. So that the immigration officer will not refuse our application on this kind of situation. Does it need to adopt my own daughter as this is one of the requirements on my checklist by if applicable only??? Help me guys if you any idea. Im juat running out of time and need to pass my documents to CIC office. Needs Help ASAP
Thanks alot
Marvin
I think you need to have a custody letter from a lawyer and have your kid undergo a medical also to attached in the application.
 

klitz24

Star Member
Nov 28, 2012
96
0
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
Dec. 17, 2012
AOR Received.
Jan. 31, 2013
Med's Request
Feb. 05, 2013
Med's Done....
Feb. 15, 2013
Interview........
ECAS In Process Sept. 12, 2013
Passport Req..
Oct. 9, 2013/ RPRF Request June 18, 2013 (PAID SAME DATE)
VISA ISSUED...
Nov. 26, 2013
LANDED..........
Already IN CANADA
I already got the non accompanying form by CIC sign with her mother that she has no objection for migrating our daughter here in canada and made an Affidavit of Consent that she will migrating here in canada to live with me once we got our PErmanent residency. Do you think this will works as long as her mom sign on it with the witness of a notary public lawyer??? I need to pass my documents to CIC ASAP because i have a deadline for the nomination within 6 months and already took 3 months of it. Thanks a lot

Marvin
 

emmalyng

Star Member
May 3, 2020
60
15
I already got the non accompanying form by CIC sign with her mother that she has no objection for migrating our daughter here in canada and made an Affidavit of Consent that she will migrating here in canada to live with me once we got our PErmanent residency. Do you think this will works as long as her mom sign on it with the witness of a notary public lawyer??? I need to pass my documents to CIC ASAP because i have a deadline for the nomination within 6 months and already took 3 months of it. Thanks a lot

Marvin
I have the same issue, what are the documents you have provided?
 

emmalyng

Star Member
May 3, 2020
60
15
As long as the other parent signed the consent form provided by CIC, it should be fine.

What's the story with your child?
I am not married to his father, and we are separated more than 5 years now.His name is on the birthcertificate though. Currently, I am solely supporting my son, and he is in the Philippines now with my parents. The father is cooperative, he signed the IMM5604, and gave a copy of his ID, and signed the travel consent.

I am not sure if I still need to process the Affidavit of illegitimacy? If yes, can I just have a Canadian lawyer to do that for me or I have to go the Philippine consulate? Let me know the process and documents you guys provided.
 

andrew3081

Hero Member
Apr 6, 2018
286
76
I am not married to his father, and we are separated more than 5 years now.His name is on the birthcertificate though. Currently, I am solely supporting my son, and he is in the Philippines now with my parents. The father is cooperative, he signed the IMM5604, and gave a copy of his ID, and signed the travel consent.

I am not sure if I still need to process the Affidavit of illegitimacy? If yes, can I just have a Canadian lawyer to do that for me or I have to go the Philippine consulate? Let me know the process and documents you guys provided.
So the child is illegitimate? For illegitimate child, the mother has sole custody of the child under Philippine family law.
I would just provide the consent form, the father ID and quote the Philippine family law stating that you have sole custody of the child.
 

emmalyng

Star Member
May 3, 2020
60
15
So the child is illegitimate? For illegitimate child, the mother has sole custody of the child under Philippine family law.
I would just provide the consent form, the father ID and reference the Philippine family law stating that you have sole custody of the child.
Yes - he is illegitimate. So have to I have to print something re: the Philippine law and include that on my letter of explanation and explain the situation? I don't need to get the a certificate from DSWD involved or something from the Philippine consulate?
 

andrew3081

Hero Member
Apr 6, 2018
286
76
Yes - he is illegitimate. So have to I have to print something re: the Philippine law and include that on my letter of explanation and explain the situation? I don't need to get the a certificate from DSWD involved or something from the Philippine consulate?
Yes, I would just write a letter quoting the Philippine family law regarding illegitimate child.

You can try to get a letter from DSWD but some people say DSWD wont help much as the Philippine law already say the mother have sole custody....but it does not hurt to try.