Question re. Declaration of Non-accompanying Parent/Guardian of Minors Immigrating to Canada

[AlexHaVN]

I have two children from my previous marriage who are currently living with my ex-spouse according to the court's decision in my country.
I am now applying for Canadian permanent residence with these two children declared in the form of course to not be deemed as misinterpretation. However I am not entitled to apply PR for them because their Mum does not agree for them to immigrate with me. Hence she does not sign the Declaration of Non-accompanying Parent/Guardian Form that I am required to submit by IRCC. She, instead, agrees to sign on a few documents prepared in our local language and translated into English (notarised of course) stating that it is her decision that our common children will not be immigrating with me and not to be considered for Canadian PR. She confirmed that I have been always fulfilling my support obligations. And she would not appeal regarding the immigration of our children

Can you pls advise me if IRCC would approve for my PR application with all those documentations provided except for that Declaration form as mentioned?

I have gone through a few discussions here and understood why IRCC insists on including children from previous marriage into the PR application. However in my case, my ex-spouse said NO and confirmed that. My application should not be rejected because of this, isn't it?

Thank you so much for your help and advice.

 

[jakklondon]

I would hire Canadian immigration attorney and ask how to proceed in a circumstance you are. I don't know what that declaration is for, but I have an impression that it's for you to be able to take those kids with you into Canada. If you are not taking them with you into Canada, why even worry about it?
If I were you I would check with immigration attorney. First, I would ask: do I have to have that form , signed by ex-spouse, submitted if I don't want my children from her to accompany me? If yes, then I would ask him to contact her and explain her how her signing a form won't give me a permission to take our kids with me. I would even pay her, so she could hire her own attorney, who could translate and explain all legalese mumbo-jumbo, to assure her that she wouldn't be losing kids by signing a form I needed to immigrate to Canada.

 

[steaky]

I would hire Canadian immigration attorney and ask how to proceed in a circumstance you are. I don't know what that declaration is for, but I have an impression that it's for you to be able to take those kids with you into Canada. If you are not taking them with you into Canada, why even worry about it?
If I were you I would check with immigration attorney. First, I would ask: do I have to have that form , signed by ex-spouse, submitted if I don't want my children from her to accompany me? If yes, then I would ask him to contact her and explain her how her signing a form won't give me a permission to take our kids with me. I would even pay her, so she could hire her own attorney, who could translate and explain all legalese mumbo-jumbo, to assure her that she wouldn't be losing kids by signing a form I needed to immigrate to Canada.

Who is her and him?

 

[jakklondon]

Who is her and him?

Let me add you to my ignore list.

 

[dpenabill]

I have two children from my previous marriage who are currently living with my ex-spouse according to the court's decision in my country.
I am now applying for Canadian permanent residence with these two children declared in the form of course to not be deemed as misinterpretation. However I am not entitled to apply PR for them because their Mum does not agree for them to immigrate with me. Hence she does not sign the Declaration of Non-accompanying Parent/Guardian Form that I am required to submit by IRCC. She, instead, agrees to sign on a few documents prepared in our local language and translated into English (notarised of course) stating that it is her decision that our common children will not be immigrating with me and not to be considered for Canadian PR. She confirmed that I have been always fulfilling my support obligations. And she would not appeal regarding the immigration of our children

Can you pls advise me if IRCC would approve for my PR application with all those documentations provided except for that Declaration form as mentioned?

I have gone through a few discussions here and understood why IRCC insists on including children from previous marriage into the PR application. However in my case, my ex-spouse said NO and confirmed that. My application should not be rejected because of this, isn't it?

Thank you so much for your help and advice.

There is another part of the forum where it would be better to raise questions about PR applications; see other forums here: https://www.canadavisa.com/canada-immigration-discussion-board/#immigration-to-canada.9

I have not been keeping up with PR visa application processing but your question has been a common one for a long time (appears to be no shortage of uncooperative former spouses), so I would expect you can find either an existing thread or three discussing this issue, or at least pose your query in a forum more closely related to the class of PR in which you expect to apply.

As I recall IRCC (CIC when I was more engaged with these issues) had a procedure for dealing with these cases. But it might involve waiving the right to sponsor dependents later, and at least in the past CIC did not make this easy (since, last I knew, the inadmissibility of any potentially accompanying family will make the primary applicant ineligible, even if they are unaccompanying, so CIC/IRCC generally pushes for the opportunity to examine their admissibility -- my impression is that Canada does not want to make it easy to work around requirements for examining the admissibility of all dependents).

Again, the other part of the forum would be a better place to search for a discussion of this and pose your questions. This part of the forum is about issues affecting those who already have PR status.