PLEASE HELP... PLEASE

[ozmatwork]

Hi,

I will be applying my PR but I have questions, I hope someone can help me on this since my papers are already good to go.

My wife and I are already separated since 2011 and we have two children, I am still sending money because we have this "compromise agreement" wherein it states that we are separated and living apart but I have to support my children on their needs which is I absolutely do every pay day. They are not here in Canada, I can't include my children on my application because their mother will not cooperate. I already talked to her and she didn't give any importance on it. I have filed annulment on our marriage since we can't really live together and that she has her own life now and I do as well, the case is still in process and for sure it will be long wait to get approved.

1. Is it ok not to include my wife on my application? since she will for sure not cooperate.
2. Is it fine not to include my children as well on my application since the mother will not let them come with me and will not sign any waiver nor have them get a medical?
( doing this will require me to remove the dependents form)
3. Can I tick on legally separated on the status box on the application package?

Here are the things I've done or have already;

- Filed my T4 as separated (got the assessment already)
- Got my NBI clearance in my country of residency and it says "separated" on the status
- I have a compromise agreement that states me and my wife are living separately
- I have a certification on the annulment of our marriage that it is still being processed


Please if anyone can answer my questions... God Bless you all.

Thanks.

 

[Alberto945]

Nobody forces you to do anything. You are the one deciding, so... Just apply for yourself. But you need to include them too.
Fill out the application with the info needed but there is only one applicant, YOU. You will need the separation certificate.
The file Generic Application Form for Canada IMM0008 has a button in blue to add your kids to your application too.
Good luck ;D

 

[jes_ON]

1. Is it ok not to include my wife on my application? since she will for sure not cooperate.

You can apply without your ex-wife. I think you can select the "legally separated" box. If that later changes to annulled, you can inform CIC of the change.

2. Is it fine not to include my children as well on my application since the mother will not let them come with me and will not sign any waiver nor have them get a medical? ( doing this will require me to remove the dependents form)

No, it's not "fine," they remain your dependents, even if they do not accompany you. For CIC, excluding dependents is a "last ditch response" for CIC, not a first choice, and you have to understand, if you exclude them from the application, you will NEVER be able to sponsor them to come the Canada. That's why the instructions say to list all dependents even if they are not accompanying you to Canada.

CIC prefers that you include them now, with the hopes that your ex-wife will change her mind and allow them to be examined, in case (for example), they later want to come to Canada for their university education. If she continues to refuse, then you have to inform CIC etc.

If you nonetheless decide to not include them in the application, I would leave the "Dependents" section blank, and include them on the "Additional Family" form, and then add a Letter of Explanation, that also indicates that you understand that you cannot sponsor them later.

 

[Alberto945]

You need to add dependents on your General application form. Actually, you will fill out the dependent and add another by pressing the blue button to add the second child to your application. They will not be coming with you but you need to mention them.

 

[lpc19800]

It is obvious that he needs to include them in the application and say that they are not coming to Canada. The same as what he did when he filled out the work permit.

Erm, why did you say he should file for himself then?
Please don't give out wrong information.

 

[Alberto945]

Because he could choose to be by himself, but obviously, it is preferable to keep the door open for his kids in the future.
Instructions are clear anyway, whether they are coming or not to Canada, they must be included, but not as applicants though.

 

[lpc19800]

Because he could choose to be by himself, but obviously, it is preferable to keep the door open for his kids in the future.
Instructions are clear anyway, whether they are coming or not to Canada, they must be included, but not as applicants though.

But you can't choose to include or not include. You HAVE to include them otherwise you can be accused of misrepresentation.
You've just gone back on your initial reply.

 

[Alberto945]

All family members, accompanying or not, are required to be examined during the
processing of an application unless a properly delegated officer has determined that they
were not required by the Act or the former Act, as applicable, to be examined.
Normally, an inadmissible family member, whether accompanying or not, would render the principal applicant inadmissible [A42,R23]. There are, however, two exceptions described inR23.
The first is the separated spouse of the applicant. The second is a child of the applicant in the legal custody of someone other than the applicant,
or an accompanying family member of the applicant (or where someone other than the applicant, or accompanying
family member of the applicant, is empowered to act on behalf of that child by virtue of a court order or written agreement, or by operation ofLaw).
If an applicant's separated spouse or an applicant's children in the custody of someone else are inadmissible, this would not render the applicant inadmissible. However, as
separated spouses can reconcile and custody arrangements for children may change, examination is required in order to safeguard the future right to sponsor them in the
Family Class. If these family members are not examined, they are excluded from the
Family Class in the future pursuant to R117(9)(d) . See OP2 sections 5.10, 5.11 and 5.12
for more information on non -accompanying family members.

It will be difficult. They will be excluded anyway, unless they are examined. And they won't because of the wife. You don't have the custody of the kids anyway. you should add a letter explaining the situation, that you have not the children's custody, together with a translated copy of the separation agreement. Will you need to add your wife too? I guess so. But she will be ignored if you choose legally separated and on the Family form add her and kids not coming with you. And for the payment, you just pay for your application $550.

lpc19800, point taken. Thanks

 

[ozmatwork]

thank you all for your wonderful replies, here's what I did;

I tried to asked her one more time but she didn't cooperate..
On our compromise agreement they granted the custody to her because the kids are not 7 yrs older.

I didn't include them on my application (kids) instead put them on the family information...
It was so hard for me not to include them under the dependents section
Definitely didn't include the ex-wife and put legally separated on the status

I also included the compromise agreement which states that we are separated and child custody is her's.
Inserted the certification annulment as well that it is still being processed.

your thoughts are appreciated..


Thanks,

 

[jes_ON]

If you do not include your children on your application, and do not provide a written explanation, you run the risk of being thought to "misrepresent" your status. Do your self a favor, and write a letter of explanation, including acknowledgement that you will not be able to sponsor then in the future.

 

[jes_ON]

[i See OP2 sections 5.10, 5.11 and 5.12
for more information on non -accompanying family members.[/i]

FYI - OP2 - it's an interesting read - even tho this is in the Family Class manual, it applies to other applicants as well -

www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf‎

 

[ozmatwork]

jes_on

I already submitted my docs yesterday together with the compromise agreement. If they email me then I'll send them whatever they ask me (hopefully I have it whatever it is)

I wanted to include my kids but the mother won't cooperate.

I'm screwed then?

 

[aman3159]

HELLO Brother,
I am in the same baot. Have you recieved medical request .Did your startegy worked.
Me and my wife are now livinfg sperately but not filed for any legal divorce .She wontocame back and obviously not intersted for canada.
I have two kids both are with wife. I have recieved medical request for complete faimly.