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Queries raised from CIC for Step child

notusman

Full Member
May 26, 2017
23
0
Hi, i am a bit tensed following recent developments in my application of PR via express entry.

I have applied in August 2017 after receiving ITA along with my spouse who has a son of 12 yrs old from her previous marriage.

Recently CIC got back to me with below:

1. Court custody document giving permanent custody of son to his mother and the right to move with him permanently to Canada
2. Declaration of no-objection from your wife’s ex-spouse together with a copy of his passport bio page

My spouse’s ex-husband had deserted and absconded following, which she filed for a divorce. Court gave the divorce as well as custody to my spouse mentioning absconding and deserting in their verdict, which we already added to the PR application.

To get a NOC and Passport copy will not be possible as there is no contact between her and her ex-husband.

What should be the course of action?

My step son lives with us and is financially reliant on us with no contact from his father for the last 3 years. I had an understanding since her mother has the custody we would not require anything else.

Now we have filed in the Dubai Courts to get a guardianship for my son however legal processes usually take its own sweet time and will not be able to respond with the documents to cic within 30 days as requested.

What options do i have and how do i approach cic?

On a final note, my wife is expecting and she is going to deliver in April. How does that affect our application and when do i add my child.

One way of looking at it is to inform CIC that my step son's medical is already done and if i can change his status from accompanying to non-accompanying for now and as soon as i get the court document which may take 3-6 months considering all the hearings that will happen again, i will apply for him as dependent. Will they process my and my spouse's application while keeping our step son's application on hold for 6 months? and later i can sponsor him?

Thanking in advance.
 

bootsal

Hero Member
Nov 3, 2015
911
159
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
Hi, i am a bit tensed following recent developments in my application of PR via express entry.

I have applied in August 2017 after receiving ITA along with my spouse who has a son of 12 yrs old from her previous marriage.

Recently CIC got back to me with below:

1. Court custody document giving permanent custody of son to his mother and the right to move with him permanently to Canada
2. Declaration of no-objection from your wife’s ex-spouse together with a copy of his passport bio page

My spouse’s ex-husband had deserted and absconded following, which she filed for a divorce. Court gave the divorce as well as custody to my spouse mentioning absconding and deserting in their verdict, which we already added to the PR application.

To get a NOC and Passport copy will not be possible as there is no contact between her and her ex-husband.

What should be the course of action?

My step son lives with us and is financially reliant on us with no contact from his father for the last 3 years. I had an understanding since her mother has the custody we would not require anything else.

Now we have filed in the Dubai Courts to get a guardianship for my son however legal processes usually take its own sweet time and will not be able to respond with the documents to cic within 30 days as requested.

What options do i have and how do i approach cic?

On a final note, my wife is expecting and she is going to deliver in April. How does that affect our application and when do i add my child.

One way of looking at it is to inform CIC that my step son's medical is already done and if i can change his status from accompanying to non-accompanying for now and as soon as i get the court document which may take 3-6 months considering all the hearings that will happen again, i will apply for him as dependent. Will they process my and my spouse's application while keeping our step son's application on hold for 6 months? and later i can sponsor him?

Thanking in advance.
You will have to write a letter of explanation giving out the details of your case along with proof of your application filled in Dubai court for guardianship. Given the circumstances in which the divorce and custody was granted, if in your country this is valid and ok, you can add your lawyers opinion too along with the loe stressing on the sole custody part of the documents.

With respect to your wife's pregnancy you can inform after her delivery and later on provide your new born babies documents.
 
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notusman

Full Member
May 26, 2017
23
0
thanks a lot for the response.

I intend to write a letter of explanation, problem with Dubai is here the expatriates do not get the guardianship automatically and they only give the custody. when we applied over here the courts asked us to refer to our own country which is Pakistan. Problem with that is the verdict has been passed here in Dubai and opening a case in Pakistan would mean another 6-8 months of processing whereas cic has given us only 30 days, has there been a precedence where cic gave an extension to the deadline?

If i provide the new born baby's documents later, will that be a sponsorship or will he/she be added as dependent to the application?
 

notusman

Full Member
May 26, 2017
23
0
Did your custody issue work out?
Yes it has worked out. I filed a court application to inform the court of ex spouse not reachable. My last hearing is next week. i informed cic and they have given me time till May 31st to submit the additional documents.
 

Sanjay27

Newbie
Jun 30, 2017
8
3
Ok, I have a similar request except I was not married to my daughters dad so we never went court for custody matters. So i asked him to sign the immi5604 for then do an affadavit. I submitted those with an explanation letter, hopefully it works out.
 

tolomola

Full Member
Nov 25, 2016
33
0
Ok, I have a similar request except I was not married to my daughters dad so we never went court for custody matters. So i asked him to sign the immi5604 for then do an affadavit. I submitted those with an explanation letter, hopefully it works out.
Hello Sanjay, were you able to sort this out? Did it eventually work?