Procedural Fairness letter and custody question !

[Yorker13]

Hi,

I need urgent help and direction.

Background:

I am sponsoring my dependent children under family class category , my ex-wife signed the non-accompanying parent form and i got approval on the application,

just few days before travel date, she refused to hand over the children, and went to court in UAE and applied for custody ,

i managed to renew the COPR and visa and change travel dates and contested her in court over custody.

she won the first degree court and appeal, I went to the court again requesting travel to Canada for my kids to complete their PR application, court granted me 1 week,

she tried to object the court order but got rejected then she contacted IRCC about her gaining custody and rejecting the travel.


IRCC Problem :

IRCC first sent me letter that they have doubts i don't have permission to travel to Canada with my children for the purpose of them becoming PR, they asked me to provide evidence i can.

i brought another court order granting me permission to travel for one week to Canada with my children for the purpose of completing their PR application and return them.

they sent me the below PFL

"
The requirements for immigration to Canada are set out in the Immigration and Refugee Protection Act (“the Act”) and the Immigration and Refugee Protection Regulations (“the Regulations”).

Section A11(1) of the Immigration and Refugee Protection Act states that: A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

Section A16(1) of the Immigration and Refugee Protection Act states that: A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.


Specifically, I have the following concerns:
I have reviewed the documents you have provided and although the UAE courts have granted you (the sponsor) permission to travel temporarily to Canada with your children I note that you do not have full custody of the children, instead I note that custody has been awarded to their mother. I therefore have concerns that you do not have authority to permanently remove the children from the UAE. You are invited to respond to these concerns within (14) days from the date of this letter to address these concerns otherwise it will cause delays in the processing or it could result in the refusal of your application.


my questions:


1- there is some misconception here

in UAE there is no full custody or a single parent have authority to PERMENANTELT REMOVE his/her children from UAE with consent of the other parent or a court order.

in UAE ,islamic law for divorce outlines two roles, custodian and guardian,

custodian (99% is the mother unless she is unfit ,burden of proof on father ) takes care of the day-to-day activities and physical keep of the children

Guardian ( 99% is the father unless unfit, burden of proof on mother ) major decisions like, education, health, travel and finances (100% child maintenance including accommodation )


so the IRCC concern is more like custody rules in Canada not that of UAE..!!, how to proof to them there is no full custody or one parent can permanently remove his/her children out of UAE, even if i have custody i still need her permission to travel outside UAE or the court's permission as the other parent might have visitation rights which can be violated if removed..!!

so their request of me to clear their concerns is invalid ?

here is the UAE family law articles in English

https://uaelegislation.gov.ae/en/legislations/2770


Q 2:

I have ongoing case to grant me legal guardian over my children, it might take 3 to 3 weeks,

will proving i have legal guardian is enough to clear their concerns even if i have to return the children after landing...!!

will my intention that as a Guardian i need my children to have PR status to apply for their Citizenship as i am Canadian citizen.

will this situation help in clearing their concerns that i have authority to grant my children new citizenship and as a step toward that PR is important.
is that considered compassionate grounds..!!


Q3

can i ask them , that i need more time to provide satisfying evidence like 30 days instead of 14 days

although i have requested medical exam validity to be renewed twice before and they told me if i dont travel by end of the medical certificate 10 February 2026, my application will not be renewed.

or becuase they considered to get asnwer within 2 weeks and i have 1 week to collect the COPR and visa for February 7 travel...!!

Note: there already gave me 15 days before the PFL to prove i can travel with the kids to canada to become PR

Q4:

the custody case is still in the court and i was willing to go to supreme court,

will proofing there is still ongoing dispute over the custody and with the 1 week permission make IRCC change their mind or maybe postpone the review until final decision by the court..!!

i am afraid the supreme court hearing will go beyond the medical test validity which is February 10th,2026 ...?


Q5

will i recieve a ban for misreprentation or something else for not telling IRCC on the custody dispute at court.

i got the approval to PR in June 2025 and she decided to go to court in Sept 2025 and the first court was finished by Dec 2025 then appeal finish by 20sh DEC and few days later she told IRCC but i still have time to go to supreme court , so the rulling is not final.

will that create problem with IRCC..!!

 

[canuck78]

Please stop reposting the same topic under new posts. You need to hire a lawyer. You wanting to secure Canadian citizenship for your children when they no plans to live in Canada and the ability to be sponsored once they are 18 has nothing to do with compassionate grounds. You can’t become a legal guardian because you are a biological parent of your children. Your custody agreement appears to be that you have decision making or shared decision making with your ex-spouse when it comes to the children, you have financial responsibility for the children but she has primary or sole physical custody of your children.

 

[Yorker13]

Stop reposting the same issue. You need to hire a lawyer.

its not the same issue.

i received new PFL Letter..!!

read the post

 

[canuck78]

its not the same issue.

i received new PFL Letter..!!

read the post

It is the same topic. The advice doesn’t change and you need a lawyer.

 

[Yorker13]

Please stop reposting the same topic under new posts. You need to hire a lawyer. You wanting to secure Canadian citizenship for your children when they no plans to live in Canada and the ability to be sponsored once they are 18 has nothing to do with compassionate grounds. You can’t become a legal guardian because you are a biological parent of your children. Your custody agreement appears to be that you have decision making or shared decision making with your ex-spouse when it comes to the children, you have financial responsibility for the children but she has primary or sole physical custody of your children.

I do have plans for them to live in Canada, but their mother changed her mind in the last minute without consulting me and I want to save the application, at least so my children can visit me without hustle of visit visa and non recognized passports of my children.

yes, we have different roles, that is what i am saying , there is no FULL CUSTODY OR A PARENT HAVE AUTHORITY TO PERMENANTELY REMOVE CHILD FROM UAE as IRCC is requesting me to proof.

how to show them that assumption is applicable to Canada but not in UAE.

what u mean i cant become legal guardian because i am their biological parent...!!

 

[Buletruck]

"I do have plans for them to live in Canada, but their mother changed her mind in the last"

So, IRCC is correct in their concern you don't plan to return the children once they are in Canada.

IRCC doesn't base their decisions on the intent of foreign laws. They base them on Canadian law. And they've decided you do t have full custody to bring your children to Canada. There is no "misinterpretation".

Hire a lawyer!

 

[canuck78]

I do have plans for them to live in Canada, but their mother changed her mind in the last minute without consulting me and I want to save the application, at least so my children can visit me without hustle of visit visa and non recognized passports of my children.

yes, we have different roles, that is what i am saying , there is no FULL CUSTODY OR A PARENT HAVE AUTHORITY TO PERMENANTELY REMOVE CHILD FROM UAE as IRCC is requesting me to proof.

how to show them that assumption is applicable to Canada but not in UAE.

what u mean i cant become legal guardian because i am their biological parent...!!

You don’t have current plans for them to live with you in Canada. Your previous plans were for your ex to live in Canada with your children. She would still have had primary physical custody of them. You haven’t been fighting to have sole physical and legal custody of your children. Your ex-wife would need to be able to secure PR or a WP/study permit to move Canada. It is not obvious that she has a pathway to do so. She also had to want to move to Canada. As your ex-spouse she didn’t have to consult you if she changed her mind when it comes to attempt to secure PR in Canada. Given you attempts to sponsors your child securing a WP or SP may have been extremely difficult because of concern she would not leave Canada after her WP/SP. Without Canadian study and work experience or having a high level of French is it extremely difficult for most to secure PR these days.

What you seem to be ignoring is that Canada and IRCC has their own set of laws and concerns and is signatory of the Hague convention. Having to secure a visit visa or having to visit a parent in another country is a reality that many children face and would not be viewed as an exceptional situation and would not overrule IRCCs concerns. In most cases like yours the parent would often travel to visit the children more than the children because of costs of travel for 3 vs 1 person, the distance between UAE and Canada, school year commitments, etc. If both parents and IRCC can overcome concerns about things like parental abduction what is typically arranged is longer but less visits. For example it is not uncommon for children to visit once or twice a year for around a month for part of the summer for example as visitors.

You need to speak to a lawyer so that your own best interest are represented but also to have someone explain IRCC’s/Canada’s concerns and laws.

 

[Yorker13]

You don’t have current plans for them to live with you in Canada. Your previous plans were for your ex to live in Canada with your children. She would still have had primary physical custody of them. You haven’t been fighting to have sole physical and legal custody of your children. Your ex-wife would need to be able to secure PR or a WP/study permit to move Canada. It is not obvious that she has a pathway to do so. She also had to want to move to Canada. As your ex-spouse she didn’t have to consult you if she changed her mind when it comes to attempt to secure PR in Canada. Given you attempts to sponsors your child securing a WP or SP may have been extremely difficult because of concern she would not leave Canada after her WP/SP. Without Canadian study and work experience or having a high level of French is it extremely difficult for most to secure PR these days.

What you seem to be ignoring is that Canada and IRCC has their own set of laws and concerns and is signatory of the Hague convention. Having to secure a visit visa or having to visit a parent in another country is a reality that many children face and would not be viewed as an exceptional situation and would not overrule IRCCs concerns. In most cases like yours the parent would often travel to visit the children more than the children because of costs of travel for 3 vs 1 person, the distance between UAE and Canada, school year commitments, etc. If both parents and IRCC can overcome concerns about things like parental abduction what is typically arranged is longer but less visits. For example it is not uncommon for children to visit once or twice a year for around a month for part of the summer for example as visitors.

You need to speak to a lawyer so that your own best interest are represented but also to have someone explain IRCC’s/Canada’s concerns and laws.

I didnt mind her coming to canada to be with the kids, in fact she asked for my assistance to accompany the kids 2 years ago when she was in UK, and i sent her an invitation letter to come with the kids to complete their PR but her visit visa got refused, then she tried to apply for jobs, but she wasnt successful .

the kids were initially residing with me in our home country while we were getting divorced based on written agreement, then after legal divorce she went to UK for work and offered to take the kids, and i accepted under conditions that she allows me to complete the PR application of the kids in Canada and she agreed and swore on it.

that was all through the email communication.

after a year in UK, she had some issues and asked my permission to go to UAE temporarily until the PR papers of the kids gets approved, i agreed again.

few days from travel to canada ,she changed her mind, ( she still dont have legal custody at that point ) and went to court after the travel date passed, and few months later she got the custody and contacted IRCC.

thats not fair to me and the kids who were happy to come again to canada.

again, i mean, my ex-wife and one child had PR status but she revoked it back in 2018 for both of them, other 2 children came as visitors only,

anyhow,

i went through department of justice of canada,

there are sole custody/ joint custody/ shared custody.

i dont know how would that apply in my condition as a legal guardian who makes major decision but physical custody is with the mother ,
i know some cases where the father pledges to the court to provide accommodation to the mother to accompany the children and do her duty as custodian and if she refuses the court transfer the custody to the father provided he have a female custodian living him to help him. but that will take real long process, something cant be done in 14 days.

by the way, can i ask for extension, provided the medical certificate will expire within 3 weeks and i already requested the medicals to be extened twice before this .

also, can i use their COPR even if this application is rejected , can i use it in the citizenship application , in the forms it says to use PR Card or landing paper or COPR even if its expired or RO not met.