Objecting to my 4 year daughter gaining a residence visa

[RobinMartin]

Hi,

I am the father of a 4-year-old girl, from a separated relationship. I have regular contact with my daughter monthly, easter, summer, and Christmas.

The mother of my daughter wishes to move to Canada to be with her partner who she will be married to in the next few weeks, she has expressed this views to the local court in our current jurisdiction and although I have objected to my daughter relocating to Canada, the court has given her permission to reside there with her new partner who is Canadian on the grounds that she must first obtain a residence visa for our daughter.

The court has not taken anything into consideration regarding my relationship with my daughter and how this would be managed between England and Canada. Although there are contact arrangements in place, traveling to and from Canada to maintain our relationship is not something that is highly achievable financially.

Does anyone know the steps in which she would have to take to gain residence for herself and my daughter, more so what say or involvement in my daughter application for residence will I play.

Will Canadian immigration contact me or interview me through this process.

Can I inform anyone that I object to this application because it will end the relationship with my daughter which I cherish so much?

If anyone has any advice or has been down this path - please reach out.

Thank you.

 

[Bs65]

So by separated assume you mean not married but living in a common law relationship. By court then does she have SOLE custody of your daughter ? A public forum probably not the best place to get other than amateur advice versus an immigration lawyer but looking at the process then your partner would probably need you to sign the form below as part of the immigration process.

https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5604e.pdf

Her to be partner would follow the process as described here

https://www.canada.ca/en/immigratio...-guide-sponsor-your-spouse-partner-child.html

As said probably need professional legal advice

 

[Amy mouse]

Cic will refuse the application unless you have signed the permission on there form. That is what I read... you need both court orders and a notarized version of the permission from you...


Dont sign it. You should have a say that way and she should be denied

 

[RobinMartin]

Cic will refuse the application unless you have signed the permission on there form. That is what I read... you need both court orders and a notarized version of the permission from you...


Dont sign it. You should have a say that way and she should be denied

The court has said she is allowed to go, but regardless of the court order, she doesn't have my permission. Will the CIC still refuse the application? When you say I should have my say will CIC get in contact with me?

Should I contact the CIC to make them aware of my position?

 

[scylla]

The court has said she is allowed to go, but regardless of the court order, she doesn't have my permission. Will the CIC still refuse the application? When you say I should have my say will CIC get in contact with me?

Should I contact the CIC to make them aware of my position?

I believe IRCC will accept the court order even if you are unwilling to sign. I believe we have seen members of this forum successfully process the application with a court order.

This is a complex matter. I would recommend that you pay for a consult with a good Canadian immigration lawyer to explore your options.

 

[scylla]

The court has said she is allowed to go, but regardless of the court order, she doesn't have my permission. Will the CIC still refuse the application? When you say I should have my say will CIC get in contact with me?

Should I contact the CIC to make them aware of my position?

Found the reference on IRCC's web site. Court order will be accepted even if you are unwilling to sign. See link below. Given this is specifically addressed in an IRCC policy, you should assume your daughter will move to Canada and focus on determining how to best make arrangements to visit her.

https://www.canada.ca/en/immigratio.../non-economic-classes/dependent-children.html

 

[canuck_in_uk]

The court has said she is allowed to go, but regardless of the court order, she doesn't have my permission. Will the CIC still refuse the application? When you say I should have my say will CIC get in contact with me?

Should I contact the CIC to make them aware of my position?

Agree with scylla. IRCC will accept the legal court order. Getting in contact with IRCC won't do anything. You can try to fight the court order in your country.