Question about dependent child of U.S. spouse

[jwperry]

I am a Canadian who plans to marry an American woman I've known for many years. She is a self-employed professional. She has one dependent child from a previous marriage, and the father also shares custody. This child is in college now and has no interest in immigrating to Canada.

* Must the application for spousal sponsorship also include a minor who does not intend to immigrate?
* If the father were to have full custody of the minor, would that change anything?
* Would the answer to either of those two questions change if my future spouse apply on her own to immigrate under the skilled worker program?

Thank you.

 

[canuck_in_uk]

I am a Canadian who plans to marry an American woman I've known for many years. She is a self-employed professional. She has one dependent child from a previous marriage, and the father also shares custody. This child is in college now and has no interest in immigrating to Canada.

* Must the application for spousal sponsorship also include a minor who does not intend to immigrate?
* If the father were to have full custody of the minor, would that change anything?
* Would the answer to either of those two questions change if my future spouse apply on her own to immigrate under the skilled worker program?

Thank you.

1) Yes, all dependent children must be included in the app and have a medical, even if they are not immigrating.
2) Doesn't matter what the custody arrangement is.
3) No, the answers won't change. Whether she applies as a worker or is sponsored by you, her dependent child must be included.


Right now, CIC's definition of dependent child extends to the age of 22 years, with some exceptions. Starting Jan 2014, children 19 years and older will no longer be considered dependents and will not need to be included in the app.

 

[OhCanadiana]

I am a Canadian who plans to marry an American woman I've known for many years. She is a self-employed professional. She has one dependent child from a previous marriage, and the father also shares custody. This child is in college now and has no interest in immigrating to Canada.

* Must the application for spousal sponsorship also include a minor who does not intend to immigrate?
* If the father were to have full custody of the minor, would that change anything?
* Would the answer to either of those two questions change if my future spouse apply on her own to immigrate under the skilled worker program?

Thank you.

Hello and welcome =)

Declaring a child as a dependent does not mean the child *must* immigrate. By declaring the child (and having them undergo a medical exam), you retain the right to sponsor the child in the future (while still eligible as a dependent). If your wife includes her child as a dependent and s/he doesn't want to immigrate, then you would just tick the box to indicate the child will not accompany the parent and they will not get a CoPR or PR status. In fact, even if you declare the child as non-accompanying the child would need to land before the CoPR expires or else the child would not gain PR status. Therefore, usually, it is best to include dependent children in the application to retain rights/flexibility.

Alternatively, if your wife chooses not to include her child as a dependent, your wife will need to sign a detailed letter renouncing her rights to ever sponsor her child under any circumstances.

As far as custody: if you include the child as 'non-accompanying' then custody is irrelevant.

 

[jwperry]

Thanks a bunch to both of you for the great information. It's been very helpful.