Please do advise the what to do

[Suin]

Hello,
I desperately need advice in the following situation that suddenly has arisen with our application today. Short explanation: I have a full custody of both of my kids from my 1st marriage. This full custody was determined by the court order of the country of my citizenship that made a decision about my ex-husband's parental rights annulment, i.e. he lost them and has no rights to kids at all. I had never had any trouble while travelling with my kids and having a court letter with me I was never asked for the kids' father's consent. Also in the CAIPS notes we have recently ordered it's clearly written that I have a full custody of kids - i.e. they accepted it.
Today I've received a letter from my visa office. In that letter they ask me to send them a letter of consent from my ex-husband for my kids to leave my country and enter Canada and that I have to submit it within 60 days. I am really confused - my ex-husband is a US citizen, my kids were born in my country that is in Europe and both of them have citizenship of the country they were born in and they never applied for US passports. My ex-husband abandoned kids 4 years ago and never wanted either to see or support them - he totally doesn't care how they live and what they do. He lost all his rights related to kids. Honestly I have no idea where he lives now and what he does.
Please do advise me what to do in this situation and why they ask for his consent while I have all legal proof of my full custody?
I appreciate all your attention to my matter.
Thank you in advance.

 

[MARLENA]

Send them a letter and explain exactly the same way you just did and include again a copy of the court order parental rights annulment. Hope that will help.

 

[Suin]

Thank you Marlena for your kind attention to my situation.

 

[MARLENA]

Suin what's the status on your application...I'm mixing u up with someone else I guess. I just had returned from 6 vacation with my hubby.

 

[Suin]

hello, Marlena, glad to hear that you are enjoying your time with your husband.
our situation is the same I described above. They ask for my 1st husbands consent and threaten to refuse my admission if I don't produce it to them. I really do not know what to do. Why they don't believe papers issued in my country? That's the only possible to have for me being a citizen. Why everyone believes but them?

 

[MARLENA]

Are u currently living in Canada as a visitor?

 

[Suin]

yes, I am. That's why I feel helpless.

 

[MARLENA]

When your visit status expired. Have you tried renewing your visit? Is your intention applying inland???

 

[Suin]

my status is valid til February. our application is in process in my visa office. and because of this letter of consent they cannot finalize my application.

 

[MARLENA]

So you have applied outland....Is your court document notorized in your country.

 

[kittty]

This is a terrible situation Suin! My heart goes out to you. At least you do have some time to try and sort this out before your permit is up.
Your best bet is to send them a letter explaining that you are not in contact with their father, dont know where he is and that he has no rights nor does he pay child support. It is people processing the application after all, there may have been a misunderstanding on their part, there is no reason why you shouldn't be able to explain yourself to them to their satisfaction.
If that doesn't work get in contact with an MP (preferably a member of the opposition as they are more inclined to help out so they can win votes). I was having trouble with immigration here in Ireland, they kept asking me for more proof, more bills, more letters, a year went by, I finally contacted a TD (the equivalent of a Canadian MP) and he was able to write me out a letter stating that he knew who I was and confirming the information I had given them. He then tabled a parliamentary question on my behalf to find out the status of my applcation...I got my visa a week later.
I know this was in a different country but it should still work the same, at least I hope so for your sake.
Stay positive and fight for it, everything will work out.

 

[Suin]

So you have applied outland....Is your court document notorized in your country.

yes, notarized and translated

 

[Suin]

This is a terrible situation Suin! My heart goes out to you. At least you do have some time to try and sort this out before your permit is up.
Your best bet is to send them a letter explaining that you are not in contact with their father, dont know where he is and that he has no rights nor does he pay child support. It is people processing the application after all, there may have been a misunderstanding on their part, there is no reason why you shouldn't be able to explain yourself to them to their satisfaction.
If that doesn't work get in contact with an MP (preferably a member of the opposition as they are more inclined to help out so they can win votes). I was having trouble with immigration here in Ireland, they kept asking me for more proof, more bills, more letters, a year went by, I finally contacted a TD (the equivalent of a Canadian MP) and he was able to write me out a letter stating that he knew who I was and confirming the information I had given them. He then tabled a parliamentary question on my behalf to find out the status of my applcation...I got my visa a week later.
I know this was in a different country but it should still work the same, at least I hope so for your sake.
Stay positive and fight for it, everything will work out.

thank you a lot for your kind words and wishes, Kittty. the most upsetting thing is that they are satisfied with our relationship, the only thing that holds everything up now is this letter of consent!

 

[kittty]

Well I'll keep you in my thoughts. Keep us updated on how you are getting on okay? Best of luck. Don't get discouraged and don't give up.

 

[helios]

Suin,

I think this maybe a case where the Visa Office Officer is in error. Occasionally(often) the officer in charge of a certain case is mistaken about a certain specific regulation as there are simply too many laws, regulations, policies, and procedures for a mere pen pusher to memorize.

The best approach is to send the Visa Office a letter stating that you have full custody of your kids along with the copy of the document(s) supporting your custody. Obviously, do not state that they are in error, simply restate your case.

If this does not work out, seek out help from an immigration lawyer to fight on your behalf. It should not be a lengthy nor difficult process.

Cheers and GL