Ex spousal want to applicate for pr for our dauthter without my permission...

[Misslyn]

My ex spousal want to applicate for him and our daughter (custody together) for pr.
Can he do that without I agree? Or sign something?

We are both here with work permit...I'm with common law open work permit...we r all not canadian so...?

Who can help me? And sorry for my English by the way....

Oh...and maybe someone know: is my common law open work permit still valid even we are seperated?

Thank you so much

 

[Leon]

Because she is his daughter, he must include her on his PR application, either as accompanying or non-accompanying.

If he includes her as accompanying, he needs your permission or full custody:

Children's Information (if applicable)

* children's birth certificates (which name their parents);
* adoption papers issued by recognized national authorities showing the legal, approved adoption of adopted dependent children;
* proof of full custody for children under the age of 18 and proof that the children may be removed from the jurisdiction of the court;
* if the other parent of your children is not accompanying you to Canada, you must submit a signed Statutory Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada (IMM5604 - original). You must submit one form for each child and a copy of the non-accompanying parent's photo ID showing their signature;

If he includes her as non-accompanying, he just needs her to do the medicals. That will not grant her a PR visa so she will not get PR but he will keep the option open to sponsor her later.

I do not believe that your common law permit is still valid now that you are separated.

 

[Misslyn]

Thank you so much LEON

We are not legal/formal seperated yet( we didn't go to a lawyer/notary or signed something yet...)

Do you know which kind of Visa I could apply/get when I had before ( around 1 year - 2 years, might depend on the legal status from the seperation)
the common law open work permit?

I have to say...I never worked in Canada before (or an english speaking country), I was fulltime mum and housewife....

Thank you so much.....

 

[Leon]

There is no visa for a separated full time mum and housewife. If you had a full time job and the employer wants to keep you, the employer could apply for your LMO and you could get your own work permit. Other than that, you could apply to change your status to visitor but then you will not have health care. If you have money to pay for tuition, you could apply at a college and apply for a study permit. Those are your options.

 

[Misslyn]

Thank you so much LEON

...one last thing...:

That means I couldn't work in Canada anymore as a visitor? And just stay for 6 months?

I don't have thousands of $$ to pay for tuition.

I thought maybe when my daughter has pr....I could stay because of this/her? ( coz we have custody together)

Really thank you...

 

[Leon]

You can not work as a visitor. You can not stay in Canada if your daughter gets PR.

My advice, go back to you ex until you have PR. It is really the simplest solution to your problem. If you still want to separate after that, you can.

 

[Misslyn]

Thank you LEON,
really

...the thing is he dumbt me and has a new girlfriend...so there is no way....

....and I don't want to live permanently in Canada ( although there are nice people and nice nature and other good things..., there are no job opportunities for myself in Canada and I have friends and family here in Germany...)

There is already a custody "war" going on...or more where our daughter (4 yrs) is going to live ( Germany or Canada...me or with him...)....
and I have not really a good solution for it...(that we would be all satisfied with the outcoming...)

But actually I really thought...in case he will get the sole custody in Canada with pr for him and our daughter....that I can stay in Canada because of her....

 

[Leon]

But actually I really thought...in case he will get the sole custody in Canada with pr for him and our daughter....that I can stay in Canada because of her....

No, there is no such law that would allow you to stay just because you have a PR child or even if your child was a citizen.

If you lose custody of your daughter, you may have to go home and leave her with him. You should talk to a divorce lawyer in Canada as well as a lawyer in Germany. If you initiate your divorce in Germany, you may be in a better position because German courts are more likely to say that the child should live in Germany than in Canada. However, I still find it unlikely that a Canadian court would give him custody of such a young child, also a girl where you are both foreigners in Germany and you don't even have PR. Also, the child is still young and not yet in school and you are the primary caretaker until now.

IMO, you should not let him apply for PR for your daugher. Just let him add her as not accompanying because that leaves the option open for him to sponsor her later but not for her to live in Canada right now.

 

[Misslyn]

Thank you Leon, very very much...

Do you know where I can check my immigration status?


My ex spousal might have the opportunity to force our daughter back over the law.
( I know it makes no sense but there are some §§ coz we have custody together...)

And I'm really worried if I can stay than in Canada.

Also I never worked abroad ( and it isn't my mother language) so I guess it will be pretty tough to get a job there...
and I guess in case I won't find a job...I don't get any support from Canada at this point...

 

[Leon]

You can call the CIC call centre without giving your name and ask a hypothetical question about what happens to a spousal work permit when you separate.

If you file for divorce in Germany and get custody of your daughter there, your ex can not challenge this in Canada. However, if he files for divorce in Canada and gets shared or joint custody in Canada, you may not be allowed to leave with your daughter unless he allows it. Since you will not have PR, you will have a problem. You need to talk to a lawyer in Canada and in Germany, preferably one that has experience with international cases.

 

[Misslyn]

Hi Leon, thank you,

I tried to call the CIC Centre under 1-888-242-2100 as well as 001 1-888-242-2100 but it didn't work. I guess because I'm calling from abroad?
I tried already to reach the Visa office in Germany (which is in Austria) but there is just a mailbox where they give you an email adress ( I've written a mail already but they stated that it will take around a month till I get an answer)

Any other idea where/how can I check this?

Do I have to do a divorce for a common law in Canada? ( In Germany we don't have to...just when you were married)

He was already at court to applicate for sole custody in Canada a few weeks ago. (we have since her birth joint custody)
I can't afford a lawyer in Canada.(they demand 10000$ of retainer/ 400$/hr and more when they ask for)
My only chance is to bring it/to stay in Germany.

 

[Leon]

Are you currently in Germany with the child? If you are, you should go to the court or the child welfare and ask for full custody yourself in Germany. If he has the child and you are in Germany, then you are in a bad position. You can come back as a tourist and fight for custody but you will need money to pay the lawyers.

 

[Misslyn]

Thank you Leon...if there were a button for flowers...I would send you some))

Yes, I'm in Germany with the child and have already done what you suggested.

On my passport papers is still " common law open work permit"...do I have to change this?

Yes, as a visitor.... I can't work...and I don't get money from Canada for living...I don't get legal aid or have 4 x 10 000 $$ for a lawyer...
and I wouldn't understand anything what's going on in front of court (English - I translate everything with a translate help on my pc and I have no clue about the Canadian law)
also as a visitor I don't have health insurance...and can stay for 6 months...and I guess a custody "war" takes longer than that...

 

[Leon]

Thank you Leon...if there were a button for flowers...I would send you some))

Yes, I'm in Germany with the child and have already done what you suggested.

On my passport papers is still " common law open work permit"...do I have to change this?

Yes, as a visitor.... I can't work...and I don't get money from Canada for living...I don't get legal aid or have 4 x 10 000 $$ for a lawyer...
and I wouldn't understand anything what's going on in front of court (English - I translate everything with a translate help on my pc and I have no clue about the Canadian law)
also as a visitor I don't have health insurance...and can stay for 6 months...and I guess a custody "war" takes longer than that...

Germany has a reputation for not necessarily honouring custody decisions from other countries if they do not think it is in the best interest of the child. See a lawyer in Germany or see child protective services or whoever you can to secure custody for yourself. If you get any mail from the court in Canada, respond with a letter stating that you were the primary caretaker of the child and a stay at home mother and that as your partner dumped you for another woman, your open work permit therefore became invalid and as a result, you are unable to stay and support yourself in Canada and therefore you went back to Germany with your child as well as send them a copy of your custody papers with an English translation.

Frankly, I am doubtful that a Canadian court would give full custody to a father who is not a citizen and not a PR and does not have the child with him as well as it being a female child, only 4 years old and the mother until now was not working and was the child's primary caregiver.

 

[Msafiri]

I'm not sure what the OP excactly wants:

1. She says they have joint custody
2. She was on a common law partner WP which is techncially invalid as the relationship is no more
3. However there is no formal break up so on paper there is still a relationship and she wonders how this can be beneficial
4. She wants to stay in Canada and work or study on the cheap - so why are you in Germany?
5. She wants full custody as some form of insurance against PR application.

Why not talk to the other parent and agree to a parenting plan that takes into account the needs of the child - surely the father has the right to see his daughter.

If your concern is that father and child get PR so they have rights in Canada affecting your access as a visitor/non PR then as per Leon do not agree to her being examined.