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Documentation for stepchild sponsorship

Discussion in 'Family Class Sponsorship' started by GodSend, Jan 6, 2014.

  1. Hi guys, Just a quick question here. I will soon be marrying my girlfriend of 4 years from Philippines and starting our sponsorship. I have little doubt that we will have issues (we are of the same age, I have been to see here 8 times now, for stretches of multiple months). We have many pictures, chats, calls, presents, witness' and so on, so finders crossed on that one. My question is regarding her 11 year old son. We obviously want him to come at the same time, but I was curious what kind of documentation is required from their end during the sponsorship? Is anything needed from the father?

    The reason I ask is because the father has been no where to be found for year (they do have limited contact from time to time) but he is not interested in the son at all. Making matters worse its been problematic trying to obtain his birth certificate (Anyone familiar with the Philippines can attest to how much of a farce most of the government systems are).
     
  2. hello there! My son and I are being sponsored by my husband. I am already here in Canada but my son is still in the Philippines.

    Regarding your question about documentation you need:

    1. you will be needing the birth certificate of her son. You mentioned that it has been problematic trying to get a birth certificate? why? What are the reasons? late registry? was it registered or not? because it depends what the case is...Somebody can help her there in the Philippines to fix the birth certificate issue.

    2. When we submitted our application, I included a signed affidavit from the father of my son stating that he is giving me the full custody of my son. But in your case the father of her son is nowhere to be found... What I suggest is to ask the parents or relatives of your girlfriend to write an affidavit stating that ever since the son is born only the mother is the one who was in charge of everything..

    and that you did everything to find him...but he really is nowhere to be found...

    explain everything...

    3. She needs to submit a Certificate of non-marriage (cenomar) plus the marriage certificate from your marriage.

    I think these are the important things I submitted...I hope this would help.
     
  3. Hi

    She will need legal permission from the father to take the child to Canada or sole custody papers from the courts.
     
  4. What constitutes "Legal Permission" . A signed and notarized letter? We are currently going through an annulment (hopefully to end soon). To be honest everything is such a farce in the Philippines I would rather just marry and begin sponsorship. In my mind if the father has not provided any support since birth (11 years) and the child has been cared for by the mother the custody should default to her in the case of an annulment anyways.
     
  5. This form is legal permission http://www.cic.gc.ca/english/pdf/kits/forms/IMM5604E.pdf, signed and notarized.

    It doesn't matter if the father isn't around, never sees the child and doesn't support him. Without a court officially giving the mother sole custody, the father still has legal rights to the child. If CIC allowed her to bring the child into Canada without the father's permission, it would essentially make Canada a party to a parental child abduction.
     
  6. The wife could also seek a court order, stating sole legal custody and guardianship, that way if the father fails to appear, it will be granted.
    I would first as mentioned, try track the father down, let him know what's going on, don't try and make him angry, just get a signed and notarized IMM 5604. If he wants to cause delay or avoid, go through the courts, it would be faster. Also, she could apply through whatever hospital, or start there, for obtaining the birth record/certificate. I'm sure they can get her headed in the right direction.
    I went through a similar deal, my US wife and 15 year old step daughter I sponsored, the US father left and went to the Philippines and married there.He basically abandoned his other kids (the others are legally adults now over 18) in the US, other then an odd email.He was more then happy to sign an IMM 5604 for the teen daughter to come to Canada, thinking it would get him away from any child support,
    Just depends on the situation there, and his personality, but can be done.
     
  7. Hello Members,
    Thanks for bringing up topics and freely discussing/advising each other.
    Am in the same situation where i need the father of my child to grant me custody/permission to migrate with my son. He is willing to sign the form IMM5604 and soon i will travel to take it for signature.
    My question is, who is supposed to sign below as a witness (notary public)? Are there any designated Notary Public that are supposed to sign as witness? Please advise me my dears.
    Another this, is filling this form ONLY enough for the sponsorship or he needs to add on a hand-written letter???
    Looking forward to your sincere and timely response.
    Rose
     
  8. Rose, you do NOT need a hand written letter, as it means nothing really to them, (it could be anyone writing it and NOT an official document) You get the form filled out by him, and he takes to a notary. There is no designated one, just one that is a legal notary. The notary will sign, as a witness and use an official stamp and initial(probably but not necessary) beside the stamp.
    As long as he fills it in (IMM5604), use full proper name of child, and his name it should be good.
    In our case, I filled in a copy indicating what needs to be filled in by him, where notary signs etc and sent it along with 2 blank form IMM5406 (I knew he would need 2, because he would screw up at least one copy lol, and he did!) It's straight forward if he can see what needs to be filled in that way.
     
  9. There are no designated notary publics that you must use, you can go to any one of them. If there is a Canadian consulate or embassy near you, they can do it. Most lawyers are also able to notarize documents. Try googling "notary public + your city" to find ones near you. Though the form can be filled out ahead of time, the father must sign it in the presence of the notary.
     
  10. Hi Rice-racer and canuck-in-uk,
    Thanks so much for your advise for sure it has been of great importance to me. I have already printed the for imm 5606 (4copies) and googled to find notary public in my city and contacted them. I will be going there to discuss face to face on how handle this issue since the father of my son (ex) stays in a different city far away.
    Indeed this forum is full of good people who are so kind to give advise for free. Keep it up please.
    I just hope that we all get good news about our PR application soon.
     
  11. Hello everyone!
    I have two illegitimate children in Philippines and I am sponsoring them to join me in Canada. The problem is the biological father won't sign the non accompanying parent form. My question is, How can I get the full sole custody of my children if I am here in Canada? How long to process and get the court order? Please help? I will really appreciate any ideas and advices thank you.
     
  12. If the father is asserting his parental rights, and it seems that he may be, you might have to return to face him in court if you want to claim sole custody. Who is currently looking after the children and how involved is the father in their day to day lives?
     
  13. As Zardoz mentioned, you may probably need to go through the courts, depending on the situation. Your word ' illegitimate', is a bit confusing, maybe a grammar error, so not positive who's children they are to me.
     
  14. I am not married with the biological father of my children that's why they are illegitimate.His mother is currently taking care of my children but I am the one who supported them financially.About their father he stay with another woman and and very faraway from my children. He is not giving any financial support for the children because he knows that I am sending money . Now that I asked him that I'm going to petition my children here in Canada he refuse to sign the consent form of my children to migrate permanently.He had another children in another woman and doesn't even take his responsibilities for them and now he stay with a different woman again.He was thinking that I can include him in my application that's why he's giving us hard time for the consent form but I never declared him in my applications since our relationship is very toxic and he never stay with me since the birth of my children.I know my story is very complicated.I plan to go back in Philippines to file a sole custody so that I have no problem in immigration. But guys do you have any idea how long it will take to get a court order?
     
  15. You will be needing a local lawyer anyway, and they will be able to advise you better than we can on the current court times.
    It's a shame that it's his mother that is looking after the children as it might give him an advantage.. Good luck with your case.
     

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