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IMM 5604Declaration - Ex-spouse documents - QUERY Urgent- pls help

G

GargiS

Star Member
Jun 11, 2017
163
79
Hi,
I am a single parent and immigrating to Canada with my daughter. I got ITA couple of months back and I submitted the documents they had asked. Now, they have asked for one additional document called IMM 5604 Declaration-which is basically a declaration from non-accompanying parent/guardian, former spouse or former common-in-law partner for minors immigrating to Canada- also to be notarized in the presence of a witness.

I am legally divorced and had provided my divorce legal documents to CIC earlier. I am not in touch with my ex-spouse since we got divorced ( 8 years back ), neither am I aware of his whereabouts. Even if I find out where he is, its highly doubtful he will cooperate for anything at all.

On top of this, CIC has given me a deadline of 7 days to submit this notarized declaration document/form along with valid Photo id of my ex-spouse and authorization to travel for my daughter.

I have no idea what to do about this. Can somebody here pls help ?????

Regards,
G
 
Just to add to my starting note - my divorce documents clearly mention that my daughter is my responsibility and ex-spouse has nothing to do with her.

Can I submit a self declaration instead of my ex-spouse declaration or perhaps something else ?? Will really appreciate any advice on this... Thanks !
 
You should atleast try to contact your Ex atleast once and keep a record of your communication i.e email, letter sent etc. In case he doesn't cooperate, you can revert back to CIC with the proof that you did tried to contact him but he isn't cooperating or you are not able to find his whereabouts.Also you can highlight the clause from your divorce document that clearly mentions that your daughter is solely your resposinility and yourex has nothing to do with daughter.

Though I am not a family law expert but in legal matters related to financial disputes/ claims we do follow this procedure to highlight to the relevant authority that we did tried to contact the other party but they were either not ready to cooperate or we were unable to locate them.
 
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Ps_vp said:
You should atleast try to contact your Ex atleast once and keep a record of your communication i.e email, letter sent etc. In case he doesn't cooperate, you can revert back to CIC with the proof that you did tried to contact him but he isn't cooperating or you are not able to find his whereabouts.Also you can highlight the clause from your divorce document that clearly mentions that your daughter is solely your resposinility and yourex has nothing to do with daughter.

Though I am not a family law expert but in legal matters related to financial disputes/ claims we do follow this procedure to highlight to the relevant authority that we did tried to contact the other party but they were either not ready to cooperate or we were unable to locate them.
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Many thanks for replying. Yes, I will do that. Just find this particular document requirement of CIC quiet unreasonable.
 
GargiS said:
Many thanks for replying. Yes, I will do that. Just find this particular document requirement of CIC quiet unreasonable.
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It is but they do always ask for such stuff in case of single parents. nothing to worry.
 
GargiS said:
Hi,
I am a single parent and immigrating to Canada with my daughter. I got ITA couple of months back and I submitted the documents they had asked. Now, they have asked for one additional document called IMM 5604 Declaration-which is basically a declaration from non-accompanying parent/guardian, former spouse or former common-in-law partner for minors immigrating to Canada- also to be notarized in the presence of a witness.

I am legally divorced and had provided my divorce legal documents to CIC earlier. I am not in touch with my ex-spouse since we got divorced ( 8 years back ), neither am I aware of his whereabouts. Even if I find out where he is, its highly doubtful he will cooperate for anything at all.

On top of this, CIC has given me a deadline of 7 days to submit this notarized declaration document/form along with valid Photo id of my ex-spouse and authorization to travel for my daughter.

I have no idea what to do about this. Can somebody here pls help ?????

Regards,
G
Click to expand...
Hi,
The document that is being asked is when the custody of the child is either shared,exspuse has visitation rights or paid or paying for child maintenance and anything that proves he has a legal say in the matters concerning the child.
You need to prove that you have full custody and if that is not the case ircc will insist the declaration form.

If you have full custody,write a proper explanation letter, highlighting the same in custody docs or else put in some efforts to Reach out to your ex spouse and provide those proofs either email, regs post, Phn calls anything to ircc.
Best of luck
 
Many thanks for your reply. I was unable to locate my ex-spouse, so have given them a detailed letter explaining my case of full custody of my child.

Regards,
G
 
GargiS said:
Many thanks for your reply. I was unable to locate my ex-spouse, so have given them a detailed letter explaining my case of full custody of my child.

Regards,
G
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Do your court papers actually declare that you have total custody?

Understand that regardless of the other parent's involvement in the child's life, without permission from them or full legal custody from the courts, IRCC can't allow your child to immigrate. Canada is a signatory of the Hague Convention, which aims to prevent international parental kidnappings; allowing your child to immigrate without the proper documents essentially makes IRCC a party to kidnapping.
 
canuck_in_uk said:
Do your court papers actually declare that you have total custody?

Understand that regardless of the other parent's involvement in the child's life, without permission from them or full legal custody from the courts, IRCC can't allow your child to immigrate. Canada is a signatory of the Hague Convention, which aims to prevent international parental kidnappings; allowing your child to immigrate without the proper documents essentially makes IRCC a party to kidnapping.
Click to expand...

Yes, I have that mentioned in court papers - full custody is mine.
 
GargiS said:
Hi,
I am a single parent and immigrating to Canada with my daughter. I got ITA couple of months back and I submitted the documents they had asked. Now, they have asked for one additional document called IMM 5604 Declaration-which is basically a declaration from non-accompanying parent/guardian, former spouse or former common-in-law partner for minors immigrating to Canada- also to be notarized in the presence of a witness.

I am legally divorced and had provided my divorce legal documents to CIC earlier. I am not in touch with my ex-spouse since we got divorced ( 8 years back ), neither am I aware of his whereabouts. Even if I find out where he is, its highly doubtful he will cooperate for anything at all.

On top of this, CIC has given me a deadline of 7 days to submit this notarized declaration document/form along with valid Photo id of my ex-spouse and authorization to travel for my daughter.

I have no idea what to do about this. Can somebody here pls help ?????

Regards,
G
Click to expand...
You must get his signature unless you have:
1- full custody
2- AND your ex has no visitation rights to your child
Unless you can show evidence of both issued by court, IRCC will need this document signed by your ex. You have to understad that other people do such things with bad intentions harming the other parent. IRCC form clearly states to your ex that by him signing he is aware that he might never be able to see his child in the future. This is because they can not guarantee issuing him a visa just to see his child or incase he doesnt need a visa there might be any other reason in the future that makes him inadmissible to canada.
 
Another legal alternative is you getting a court order in your country that gives you the permission to travel with your child without your ex's approval.
 
dr feras said:
You must get his signature unless you have:
1- full custody
2- AND your ex has no visitation rights to your child
Unless you can show evidence of both issued by court, IRCC will need this document signed by your ex. You have to understad that other people do such things with bad intentions harming the other parent. IRCC form clearly states to your ex that by him signing he is aware that he might never be able to see his child in the future. This is because they can not guarantee issuing him a visa just to see his child or incase he doesnt need a visa there might be any other reason in the future that makes him inadmissible to canada.
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Well the court order doesnot explicitly mentions that my ex-spouse has no visitation rights - primarily because he was never interested in visitation rights and never requested court about it. However, court's order and his declaration in the court does mention that with mutual consent the child will be living with mother and she will have full responsibility of daughter and there is no unsettled business/claim wrt to this.

I am hoping my detailed letter to CIC and an affidavit will suffice for this.

Its quiet unreasonable to expect that I'll be able to find this person I haven't met in years and also he will be willing to prepare all these documents - and that too in 7 days time. Largely impractical.

I am just looking at what else I can provide to justify my position to them.
 
dr feras said:
Another legal alternative is you getting a court order in your country that gives you the permission to travel with your child without your ex's approval.
Click to expand...

Such court orders are definitely not possible in 7 days time in my country. Perhaps in several months ( if at all ).
 
GargiS said:
Such court orders are definitely not possible in 7 days time in my country. Perhaps in several months ( if at all ).
Click to expand...
Ok my advise is explain all of that in your application, and depending on the country you live in, police might be able to issue in a day or two a letter from border control with his details showing he left the country and never came back. If you can get it, it helps. If not, then just just explain to IRCC the whole situation and see what they say.
Good luck :)
 
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