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nexxon1

Newbie
Dec 16, 2016
1
0
I have been living in Canada for several years now on temporary visa I came here with my kids, parents and my exhusband. My exhusband and I have split up after arriving to Canada since that time he has received his permanent status and I have not yet received mine. I have been asked to transfer parental rights to my ex so my 3 kids can receive there permanent status here in Canada while my application is reviewed. However I am also worried that this might not be wise to do. How will this affect my own application if I decide to transfer rights
 
You don't have to transfer any rights.

How did your ex received PR status? Presumably when he applied, he included your children in the application and they were medically examined. Provided that happened, he can sponsor your children without you transferring any rights. I wouldn't transfer any rights.
 
I would agree as would many others do not give up any legal rights to your children or if you still plan to think about doing so take professional legal advice not public forum advice.
 
nexxon1 said:
I have been living in Canada for several years now on temporary visa I came here with my kids, parents and my exhusband. My exhusband and I have split up after arriving to Canada since that time he has received his permanent status and I have not yet received mine. I have been asked to transfer parental rights to my ex so my 3 kids can receive there permanent status here in Canada while my application is reviewed. However I am also worried that this might not be wise to do. How will this affect my own application if I decide to transfer rights

First of all, if he applied for PR, he would have had to declare the children on his application and they need to have been medically examined. Did this happen?

If this did not happen and he already has his PR at this point, he either did not declare them which is misrepresentation and can cost him his PR or at the very least that he can never sponsor the children in the future or the other option is that he did declare them but convinced immigration to remove them based on you having full custody and not making them available to him to examine and if that is what he did, he can not sponsor them at any point in the future either.

Do you want to give up custody of the children to your ex? Because if you don't, then you shouldn't.

If he didn't get PR yet but is in the process of applying, it's possible that he is trying to declare them and immigration is refusing to give them PR unless he shows he has full custody. You can also tell him that you are not going along with this and that he can include the children as not accompanying and you can make them available for medicals. In this case, the kids don't get PR but it's open for him to sponsor them later before the age of 19. You can then work on your own PR application where you apply for PR with your kids too or if that doesn't work out and you want the children to get PR even if that means giving him custody, you could ask him to sponsor them at that later time.