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Can a female with two year old kid apply for Express Entry

vermas

Champion Member
Jan 12, 2010
1,858
419
NOC Code......
NA
App. Filed.......
eAPR/AOR 13-08-2018
A female known to our family has a two year old kid. She is living seperately from her husband due to personal reasons. They are not legally seperated or divorced yet.

Can she apply for Express Entry with her son as dependant without the knowledge and consent of her husband?
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
No. She can apply for herself, but she cannot add her child without full legal custody (which would entail a court order), or her husband's consent.

She cannot just take the child and leave.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
A female known to our family has a two year old kid. She is living seperately from her husband due to personal reasons. They are not legally seperated or divorced yet.

Can she apply for Express Entry with her son as dependant without the knowledge and consent of her husband?
If she gets full legal custody of the child, yes, she can apply without his knowledge or consent.

If she doesn't have legal custody, she needs permission from the father for the child to be included as accompanying. If she is unable to get legal custody or permission from the father, she can apply with the child included as non-accompanying, which means she would get PR and be able to come to Canada but the child would not.