Can anyone clarify this in regards to spouse and dependant child?

[SmoothiesQueen]

I'm going to put this as an open question for anyone with experience with the process to sponser both a spouse and dependant child. As I am a mother to the child already, I sent in two emails with contact info from the child's biological mother stating this was what she wanted and that we were financially responsible for the child, and a glowing recommendation of me as the childs other mother.

BUT we didn't send in the notorized letter of permission. I understood that I didn't need it until I was approved and my husband and child could leave the country, and then I took it with me at the airport and through immigration.

Can anyone clarify this point? I did everything else, medicals and and photos and adding her to the application. As well as alot of photos showing our family bonds.

 

[RobsLuv]

OK, wait - are you sponsoring the child and her father (your husband), or are you the applicant immigrating to Canada and trying to bring another woman's child (who you care for) with you?

If the child is the biological child of your husband and you are sponsoring the two of them, then your husband needs to provide, with his part of the application, a notarized letter of consent from the biological mother allowing the child to immigrate.

However, if you are the applicant (and not the child's biological mother), the child has to meet the definition of a "dependent child" in order to be eligible to be sponsored to accompany you to Canada. That definition starts with this information:

"dependent child”, in respect of a parent (applicant), means a child who

(a) has one of the following relationships with the parent (applicant), namely,

(i) is the biological child of the parent (applicant), . . . or

(ii) is the adopted child of the parent (applicant);

If this child is not a biological child or adopted child of either you or your husband, it doesn't appear that she would be eligible to immigrate - whether it's what her biological mother wants for her or not. We really need to know more to know for sure.

 

[SmoothiesQueen]

Im the one sponsering and I didn't send the notorized letter. I sent two emails with contact information from the biological mother stating she was onboard with this and to contact her if any concerns, also that we are financially responsible for the child.

I asked this question in the Jamaican thread as well, since my package was just recieved today...should I rush get the letter and get it notorized and fax it in so its there when the application is first recieved or just wait for them to contact me and risk delays?

 

[RobsLuv]

Well, you didn't really answer my questions but I'm assuming that what you're saying is that the child belongs to your husband and his ex, and that the ex is "onboard" with the child immigrating to Canada. If that is the case, then yes, you need more than just emails from her saying that she is okay with the child accompanying the two of you to Canada. If your husband does not have court documents giving him sole physical and legal custody of the child, then he needs an official, notarized letter of consent from the mother authorizing the child to immigrate (sans the "glowing report" of you as the other mother because that is not the issue and CIC doesn't really care).

No point in rushing to get a notarized letter faxed to them now - wait until the embassy requests the information from your husband so that he has the proper information to direct the document back to them . . . like the embassy file number and an address they want it sent to. The info can be faxed, too, but ultimately they are probably going to want the hard copy original as this is a legal issue - not just notification that a medical exam was completed, or something of that nature.

Later on, there will probably also be the need for a notarized letter of authorization to travel, even once the child has a PR visa, so that there is no question - on boarding transport or arriving at the Canadian port of entry - that the child's mother is allowing the trip.