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Yorker13

Hero Member
May 27, 2013
401
26
Hi All,


me and my wife are going through divorce, her case was rejected in the court and currently we are seperated, i became canadian citizen recently and i applied for PR for the wife and our kids, which was approved and when VO asked for passports ,she refused to continue.

now,we had some agreement regarding kids custody, until we reach a final solution in our dispute, kids will stay in my house and i will be the guardian.

i want to apply again for sponsoring dependant child , but i dont have the signature of the non accompanying parent.

what are my chances of getting this application approved with temporarily custody over my kids.


what can i do to increase chances of approval under this situation, especially she is refusing to sign the non accompanying parent form.

thanks
 
now,we had some agreement regarding kids custody, until we reach a final solution in our dispute, kids will stay in my house and i will be the guardian.

i want to apply again for sponsoring dependant child , but i dont have the signature of the non accompanying parent.

what are my chances of getting this application approved with temporarily custody over my kids.

Without full legal custody or agreement and/or signature of the non-accompanying parent, chances of getting it approved are low. (I would note that I think in some cases even full legal custody may not be enough - you may need legal counsel - because 'full legal custody' is not identical in all countries).

But definitely temporary custody and without strong legal documentation, quite unlikely.
 
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Hi All,


me and my wife are going through divorce, her case was rejected in the court and currently we are seperated, i became canadian citizen recently and i applied for PR for the wife and our kids, which was approved and when VO asked for passports ,she refused to continue.

now,we had some agreement regarding kids custody, until we reach a final solution in our dispute, kids will stay in my house and i will be the guardian.

i want to apply again for sponsoring dependant child , but i dont have the signature of the non accompanying parent.

what are my chances of getting this application approved with temporarily custody over my kids.


what can i do to increase chances of approval under this situation, especially she is refusing to sign the non accompanying parent form.

thanks

You should speak with a lawyer but IMO there's extremely low chances of approval without either full permanent custody or having her sign the non-accompaying parent form. What you have now is only a temporary arrangement pending final resolution of the agreement. IRCC is very strict when it comes to kids and follows international law as it relates to child custody and child abductions (i.e. Hague Convention).
 
  • Like
Reactions: Yorker13
Hi All,


me and my wife are going through divorce, her case was rejected in the court and currently we are seperated, i became canadian citizen recently and i applied for PR for the wife and our kids, which was approved and when VO asked for passports ,she refused to continue.

now,we had some agreement regarding kids custody, until we reach a final solution in our dispute, kids will stay in my house and i will be the guardian.

i want to apply again for sponsoring dependant child , but i dont have the signature of the non accompanying parent.

what are my chances of getting this application approved with temporarily custody over my kids.


what can i do to increase chances of approval under this situation, especially she is refusing to sign the non accompanying parent form.

thanks

You must inform IRCC that you are no longer sponsoring your ex-spouse. Your ex is right to refuse since she no longer qualifies for PR.
 
You must inform IRCC that you are no longer sponsoring your ex-spouse. Your ex is right to refuse since she no longer qualifies for PR.
I did and canceled the application and got the refund, now i want to sponsor my kids only,but only have a temporarily custody without the non accompanying parent form signed , what u think ?
 
I did and canceled the application and got the refund, now i want to sponsor my kids only,but only have a temporarily custody without the non accompanying parent form signed , what u think ?

You will need permission from your ex-spouse. You stated that you had applied to sponsor your spouse and kids and they received passport requests so it wasn’t clear that you had removed your ex-spouse. If your ex doesn’t want to give permission, you can always wait until they are older and will have more of a stay about going to Canada.