Need suggestion urgently

[PSKA3]

Hello

I got married with a Canadian Citizen. I have got one dependent with my ex spouse. We got seperated through a local arbitration in the presence of our family members as there is no law for divorce in our religion.It was decided during that mutual seperation that I will be responsible to take care of my daughter. Later, my ex spouse got married again.
Now, my present spouse wants to sponsor me and my dependent to Canada which requires either a court order of sole custody for my daughter or to get signed off the consent form by my ex-husband. I filed a case in the family court in Bangladesh. After getting several court notice my ex spouse or anyone for him did not appear in the court. Now, court has fixed up a date for hearing. I do not know after how long the verdict will come. It might take couple of months more to get the sole custody as the court's activities are very slow in Banglades.
I called my ex spouse to get his consent and other necessary documents but they did not want to cooperate with anything, although they never looked back for my daughter after our seperation.
Under these circumstances, what should we do?
Should my spouse apply for me alone putting my daughter as non accompanying?
I called CIC, they suggested to accompany my daughter providing them a detailed explanation with whatever docs I have.
If we don't accompany my daughter now, will my spouse be able to apply for my daughter in the future or I will have to apply for her by myself after getting my PR and landing in Canada ? I am concerned if it might be required to stay in Canada after landing in that case.
Expert's opinion please..

 

[21Goose]

You will need some sort of official document proving that you have sole custody of your daughter.

The best thing to do is wait for the verdict. Yes, it can seem like a long time, but it's the safest and best way to go about it. Once you get an official court order stating that you have sole custody, your sponsorship process will be simple and fast (assuming everything else is straightforward).

Otherwise it's very possible that IRCC will ask you to get the court order anyway and you'll have to wait till you get it. If you put your daughter as non-accompanying, she will still need to go through the medicals, show that she's not inadmissible and so on.

Unless there's a real reason to sponsor you immediately, you should just wait.

 

[canuck_in_uk]

Hello

I got married with a Canadian Citizen. I have got one dependent with my ex spouse. We got seperated through a local arbitration in the presence of our family members as there is no law for divorce in our religion.It was decided during that mutual seperation that I will be responsible to take care of my daughter. Later, my ex spouse got married again.
Now, my present spouse wants to sponsor me and my dependent to Canada which requires either a court order of sole custody for my daughter or to get signed off the consent form by my ex-husband. I filed a case in the family court in Bangladesh. After getting several court notice my ex spouse or anyone for him did not appear in the court. Now, court has fixed up a date for hearing. I do not know after how long the verdict will come. It might take couple of months more to get the sole custody as the court's activities are very slow in Banglades.
I called my ex spouse to get his consent and other necessary documents but they did not want to cooperate with anything, although they never looked back for my daughter after our seperation.
Under these circumstances, what should we do?
Should my spouse apply for me alone putting my daughter as non accompanying?
I called CIC, they suggested to accompany my daughter providing them a detailed explanation with whatever docs I have.
If we don't accompany my daughter now, will my spouse be able to apply for my daughter in the future or I will have to apply for her by myself after getting my PR and landing in Canada ? I am concerned if it might be required to stay in Canada after landing in that case.
Expert's opinion please..

Approximately how long do you think it will take to get custody from the courts? If it is going to be within a year, you can apply now with her as non-accompanying. As soon as you have the custody documentation, you can change her to accompanying.

 

[PSKA3]

Thanks, I hope it might take maximum 1 year to get the court order.
What will happend if I get PR by that time? Will my spouse be able to sponsor my daughter still? Or I will have to apply after landing and staying up there?

 

[PSKA3]

You will need some sort of official document proving that you have sole custody of your daughter.

The best thing to do is wait for the verdict. Yes, it can seem like a long time, but it's the safest and best way to go about it. Once you get an official court order stating that you have sole custody, your sponsorship process will be simple and fast (assuming everything else is straightforward).

Otherwise it's very possible that IRCC will ask you to get the court order anyway and you'll have to wait till you get it. If you put your daughter as non-accompanying, she will still need to go through the medicals, show that she's not inadmissible and so on.

Unless there's a real reason to sponsor you immediately, you should just wait.

Thanks for your suggestion.

 

[canuck_in_uk]

Thanks, I hope it might take maximum 1 year to get the court order.
What will happend if I get PR by that time? Will my spouse be able to sponsor my daughter still? Or I will have to apply after landing and staying up there?

You would have to sponsor her and you would have to reside in Canada throughout the process.

The medical request comes a few months into the process. You generally have one year from the date of the medical to land and you can change her to accompanying at any point before that.

 

[PSKA3]

You would have to sponsor her and you would have to reside in Canada throughout the process.

The medical request comes a few months into the process. You generally have one year from the date of the medical to land and you can change her to accompanying at any point before that.

Thanks for the Information.