PR Card for Minor, both parents consent?

[margaretquinn]

I am asking this question for a relative who is new to Canada (Ireland). He came to Canada with his partner and their child (not martied). His partner was already a Permanent Resident and e and his son came over to Canada on a work visa. The relationship broke down and now the time has come to apply for the son and fathers PR card. However, his fear is that his PR application will be declined and his sons will be approved. Thus sending him back to Ireland and losing his son. He had planned to apply for himself and his son together. His ex has now informed him she completed the application for the son without his permission and it’s too bad for him if he gets sent back. It sounds that she is hoping for him to get sent back. He has been a VERY involved father and has his son at least 50% of the time.

Looking at the PR application there is only one box for a parent to sign. How is this possible? When you get a passport for a child you need both signatures and that isn’t changing residency if counties.

I am very worried for him and would appreciate any advice.

 

[canuck78]

Does the father have grounds for his own PR application? Sounds like your father needs to get a custody order in place with the mother.

 

[PMM]

Hi

I am asking this question for a relative who is new to Canada (Ireland). He came to Canada with his partner and their child (not martied). His partner was already a Permanent Resident and e and his son came over to Canada on a work visa. The relationship broke down and now the time has come to apply for the son and fathers PR card. However, his fear is that his PR application will be declined and his sons will be approved. Thus sending him back to Ireland and losing his son. He had planned to apply for himself and his son together. His ex has now informed him she completed the application for the son without his permission and it’s too bad for him if he gets sent back. It sounds that she is hoping for him to get sent back. He has been a VERY involved father and has his son at least 50% of the time.

Looking at the PR application there is only one box for a parent to sign. How is this possible? When you get a passport for a child you need both signatures and that isn’t changing residency if counties.

I am very worried for him and would appreciate any advice.

1. It all depends on who has/had custody of the child. Are you sure it was a PR card the mother was applying for? It sounds like she was sponsoring her child, as I assume neither the child nor the father was a Permanent resident as yet.

 

[margaretquinn]

She is being served in January 7th. He is going for 50% custody and all decision making. His lawyer is certain he will get it as he has been very involved father from day one (he stayed home while she worked for a period of time).

The mother already has her PR card so yes she would be sponsoring the child.

I guess I am can’t understand that she can apply without his permission. I think he has grounds to receive a permanent Resident Card, it will be terrifying if he is rejected though...

 

[canuck78]

She is being served in January 7th. He is going for 50% custody and all decision making. His lawyer is certain he will get it as he has been very involved father from day one (he stayed home while she worked for a period of time).

The mother already has her PR card so yes she would be sponsoring the child.

I guess I am can’t understand that she can apply without his permission. I think he has grounds to receive a permanent Resident Card, it will be terrifying if he is rejected though...

Custody of the child will become an issue with the PR application. She just filed it, it wasn't actually approved without his consent or input.

 

[margaretquinn]

Custody of the child will become an issue with the PR application. She just filed it, it wasn't actually approved without his consent or input.

How would custody become an issue? It seems very odd that I can’t eben get my child’s passport without their fathers consent but you can change the residency of a child without consent of both parents. It’s all very confusing.?

 

[margaretquinn]

Hi



1. It all depends on who has/had custody of the child. Are you sure it was a PR card the mother was applying for? It sounds like she was sponsoring her child, as I assume neither the child nor the father was a Permanent resident as yet.

Yes, neither child or father have PR. He has a lawyer to get a custody agreement in place, she refused to come to a custody agreement on their own. So he’s been forced to get a lawyer and have her served so they can go to court and have one made.

The main concern is what happens if the child obtains PR and the father doesn’t. Will he be sent back while the child and mother stays here and he has no choice but to lose his child? Seems crazy.

 

[canuck78]

How would custody become an issue? It seems very odd that I can’t eben get my child’s passport without their fathers consent but you can change the residency of a child without consent of both parents. It’s all very confusing.?

The fact that she doesn't have full custody will be an issue during processing of the child's PR application.

 

[margaretquinn]

The fact that she doesn't have full custody will be an issue during processing of the child's PR application.

Ahhhh got you. Thank you!

 

[canuck78]

Yes, neither child or father have PR. He has a lawyer to get a custody agreement in place, she refused to come to a custody agreement on their own. So he’s been forced to get a lawyer and have her served so they can go to court and have one made.

The main concern is what happens if the child obtains PR and the father doesn’t. Will he be sent back while the child and mother stays here and he has no choice but to lose his child? Seems crazy.

The custody agreement will override the PR status. If he isn't granted PR they will have to agree or the judge will have to decide how custody will be split.

 

[PMM]

Hi

Yes, neither child or father have PR. He has a lawyer to get a custody agreement in place, she refused to come to a custody agreement on their own. So he’s been forced to get a lawyer and have her served so they can go to court and have one made.

The main concern is what happens if the child obtains PR and the father doesn’t. Will he be sent back while the child and mother stays here and he has no choice but to lose his child? Seems crazy.

1. The father would have to qualify for PR on his own. If he doesn't get it, he goes home. Even if he is given joint custody, to won't sway the decision on his PR application.

 

[margaretquinn]

Hi



1. The father would have to qualify for PR on his own. If he doesn't get it, he goes home. Even if he is given joint custody, to won't sway the decision on his PR application.

If father doesn’t qualify and he has joint custody, what happens to the child?

 

[canuck78]

Hi



1. The father would have to qualify for PR on his own. If he doesn't get it, he goes home. Even if he is given joint custody, to won't sway the decision on his PR application.

Would encourage him to look into filing for PR asap. The judge will determine the custody order based on the immigration status of the parents and child. It will be much easier to get 50/50 custody I they are both PRs. Much harder to have equal visitation if you are living in different countries. He won't lose custody even if he doesn't have status in Canada. Family law and immigration are considered separately.

 

[margaretquinn]

The custody agreement will override the PR status. If he isn't granted PR they will have to agree or the judge will have to decide how custody will be split.

Thank you for the reply! This is what I was hoping for. A judge would then have to make a decision based on the best interests of the child. Which I’m assuming would not be to lose his father until he is an adult.

 

[canuck78]

If father doesn’t qualify and he has joint custody, what happens to the child?

Assume this is a younger child who can't decide on his own about custody. Usually one parent has primary custody and other parent my have the child over summer vacation and other school breaks. All depends on the potential logistics. This can change as the child gets older.