Info required regarding immigration with a minor as single parent

[IamR]

Can I apply my immigration only? Without husband and child?

 

[zardoz]

Can I apply my immigration only? Without husband and child?

Yes, but both the husband and child would still need to be included in the application as "non-accompanying" unless you divorce or separate first, before applying. This will include a medical examination for both of them.

You should do things in the correct order using the correct methods, which is why you need professional support.

 

[IamR]

Yes, but both the husband and child would still need to be included in the application as "non-accompanying" unless you divorce or separate first, before applying. This will include a medical examination for both of them.

You should do things in the correct order using the correct methods, which is why you need professional support.

I am asking about after seeking divorce. Because husband is not going to cooperate in any case that is clear to me.

 

[canuck_in_uk]

I am asking about after seeking divorce. Because husband is not going to cooperate in any case that is clear to me.

If you divorce, you would need his permission, full legal custody or to immigrate without your child.

 

[jes_ON]

I am asking about after seeking divorce. Because husband is not going to cooperate in any case that is clear to me.

Yes, you will have to file for divorce to be able to apply without his cooperation. You will have to gain full custody of the child in the proceedings to bring her with you (assuming he will not consent). Good luck -

 

[21Goose]

You can apply for a PR alone.

However, if your husband and child are not examined (medicals, police records) during your application, you will be barred from sponsoring them in the future under the Family Class.

This means that you may end up in Canada with your child in Pakistan, with no way of sponsoring her. This is an absolute bar. She can apply on her own once she's an adult (she is not barred - you are barred from sponsoring her), but that's obviously decades away and not a real solution.

There really are no good or easy answers if your spouse is determined to make your life difficult. Your options are

1. Immigrate without your daughter with no way of bringing her later under the Family Class sponsorship.
2. Get your husband's approval to immigrate with her
3. Get full legal custody of your child from the courts in Pakistan

 

[maplemom]

Hi Canu

If you were married to him when the child was born or soon after, he will by default be considered the legal father. You will need his consent or full legal custody for the child to immigrate. The fact that he isn't named on the birth certificate doesn't matter.

Hi Canuck, what will be the situation if the woman was never married to the child's father and doesn't have his name on the birth certificate?

 

[canuck_in_uk]

Hi Canu

Hi Canuck, what will be the situation if the woman was never married to the child's father and doesn't have his name on the birth certificate?

You still need some legal document to show that you have full custody.

 

[maplemom]

You still need some legal document to show that you have full custody.

Thank you so much