form 5604e

[adil_altalakani]

I am trying to sponsor my spouse with her dependent child from a previous marriage and the IRCC asked her to fill the form 5604e to be signed by her Ex husband the problem is that after the divorce she lost contact with him and he did not ask about his child and now she is trying to locate him but without use, how can we fill the form if we cant find him?
thanks

 

[armoured]

I'm not an expert but it will be a lot easier if he is found and signs.

Also depends a bit on whether country has strict sole guardianship and your spouse has that.

Some options that may help or in some cases work but may depend on country and laws about guardianship etc:

-can certainly write a letter of explanation that his whereabouts are not known. On its own I think chances of this being enough are low - but you could submit app and get prepared for the (inevitable) procedural fairness letter / request for something like proof of sole guardianship.
-Same but add eg affidavits of any proof that whereabouts not known, search has been thorough, and spouse has not exercised parental rights or duties in xx years. (Better but possibly still not enough)

-Go through court process to declare spouse as sole guardian etc because spouse has disappeared. That may take time depending on country.

Hope this helps but again, a lot easier if spouse is found and signs.

 

[adil_altalakani]

Yes indeed is going to be much easier if we can find him and he sign thank you for your help

 

[armoured]

Yes indeed is going to be much easier if we can find him and he sign thank you for your help

Biggest question though is: what kind of custody does your spouse have?

 

[adil_altalakani]

She has a full custody of the child but it's not a sole custody and a Court order that she can travel with the child but has to bring the child back to country and even with this court order the IRCC asked for the form 5604e

 

[armoured]

She has a full custody of the child but it's not a sole custody and a Court order that she can travel with the child but has to bring the child back to country and even with this court order the IRCC asked for the form 5604e

Since permanent residency is 'permanent', understandable they will not accept that. She'll need full/sole custody without that condition. (Or that form signed by spouse)

 

[adil_altalakani]

Yes I think the only way if we couldn't locate him is to get a Court order for sole custody with no conditions because of the absence of the father