PR for minor child

[art0821]

My daughter is a US citizen. I divorced my daughter's father and have re-married a Canadian citizen. My PR application is in process, but her father refuses to consent her paperwork for PR. Is there any way around this?

 

[Leon]

If you want to immigrate to Canada with your child and the father refuses to co-operate, the only other way is that you have full custody of your child in which case you do not need his approval any more.

 

[art0821]

So what happens when I become a PR and my daughter does not? Will she be allowed to stay in Canada?

 

[Leon]

As a US citizen, she will be allowed to visit for up to 6 months at a time and she will not have access to health care. If you try to enroll her in school, you might be allowed to, depending on the school board where you are. If you have shared custody or joint custody with your husband, you may have to look into if you are actually allowed to move out of the state with your daughter.

 

[art0821]

How can you stop a PR application that's in process but is in the middle of a custody battle- where the father is not consenting for the minor's PR?

 

[scylla]

How can you stop a PR application that's in process but is in the middle of a custody battle- where the father is not consenting for the minor's PR?

Withdraw the application.

 

[Leon]

You can either withdraw the application or you can change your daughters status to not accompanying. The latter would still allow you to get your PR and keep your option open to sponsor your daughter later.

 

[art0821]

Will the father be able to withdraw my application for our child since his consent is required?

 

[Leon]

No, he can not withdraw it but immigration will not complete processing your application without asking for his approval or proof that you have full custody.

 

[PMM]

Hi

You can either withdraw the application or you can change your daughters status to not accompanying. The latter would still allow you to get your PR and keep your option open to sponsor your daughter later.

Not if the daughter doesn't have the medical, no medical, no sponsorship of her in the future under family class.

 

[Leon]

Not if the daughter doesn't have the medical, no medical, no sponsorship of her in the future under family class.

I don't think you have to worry about her forgetting the medical for her child. Immigration will not allow her to immigrate without her child getting the medical anyway.

 

[art0821]

what do you mean- Immigration will not allow her to immigrate without her child getting the medical anyway? what happens to m and my childs status in Canada?

 

[Leon]

what do you mean- Immigration will not allow her to immigrate without her child getting the medical anyway? what happens to m and my childs status in Canada?

What PMM is referring to is that if you are applying for PR, you are required to do a medical examination yourself as well as for your child, whether your child is accompanying you or not. The medicals are necessary to get PR. You can not get PR without doing them. Same with your child, if you list your child as not accompanying because of your problems with the child's father, your child still has to get the medical. Without getting it, your PR application would not get processed because immigration would remind you that your file in incomplete because they are missing the medicals for your child. The medicals for a non accompanying child will keep the option open to sponsor the child later.

 

[art0821]

thanks for clearing that up and for answering all my newbie questions!