CHILDREN’S INFORMATION, CUSTODY, TOUGH QUESTION..

[Dudeqc]

Hello everybody,

I'm starting to fill out my sponsorship application but I have a question regarding children's custody. My wife has a 4 years old children from a previous relationship, they are both American citizens and she already has the FULL custody in which its stated that she has all legal rights over the baby, though I was advised by a professional that I still need to fill out this form:

Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada (IMM 5604) - This form is to be completed by the non-accompanying biological parent or legal guardian who consents to the child's immigration to Canada to live with the other parent.

My concerning is that when I read the Country Specific Instructions for applications according to their place of residence, in my case USA, they don't mention this form, they only mention that I must meet with this criteria:

If you are divorced or separated, you must include proof that you have custody of the children, that you have fulfilled all obligations in custody agreements, and that the children are free to move to Canada..

I was researching about other countries requierements and they actually mention that they requiere to fill out this form, so I am confused I dont really understand the part when they say: ...and that the children are free to move to Canada, anyways my big concern is that I need to meet with this form or I just can send my application proving that my wife has full custody and all legal rights...

I really appreciate you help, thank you very much!!

 

[Mrembo]

Re: CHILDREN'S INFORMATION, CUSTODY, TOUGH QUESTION..

Hello everybody,

I'm starting to fill out my sponsorship application but I have a question regarding children's custody. My wife has a 4 years old children from a previous relationship, they are both American citizens and she already has the FULL custody in which its stated that she has all legal rights over the baby, though I was advised by a professional that I still need to fill out this form:

Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada (IMM 5604) - This form is to be completed by the non-accompanying biological parent or legal guardian who consents to the child's immigration to Canada to live with the other parent.

My concerning is that when I read the Country Specific Instructions for applications according to their place of residence, in my case USA, they don't mention this form, they only mention that I must meet with this criteria:

If you are divorced or separated, you must include proof that you have custody of the children, that you have fulfilled all obligations in custody agreements, and that the children are free to move to Canada..

I was researching about other countries requierements and they actually mention that they requiere to fill out this form, so I am confused I dont really understand the part when they say: ...and that the children are free to move to Canada, anyways my big concern is that I need to meet with this form or I just can send my application proving that my wife has full custody and all legal rights...

I really appreciate you help, thank you very much!!

Hi,how I understand it to mean is if you are planning to move to Canada with your children to live here,then you have to prove you are allowed to do so by providing custody papers!!-Now,if your wife has full custody that would mean the children are staying in the States then?In that case,send the copy's of all the paper work that your wife has and explain that they are not going to be accompanying you!!-hope that helps

 

[IslandAnnie]

Re: CHILDREN'S INFORMATION, CUSTODY, TOUGH QUESTION..

I would wait a day or two and see if you hear from anyone who has had the same situation. If not you could try to post your question in this thread - http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.1575.html. It is specifically for US applicants, and this must a fairly common situation...so I'm sure someone there may be able to tell you.

It's not encouraged to post your question in more than one place, but certainly if you don't get a specific response from this post in a reasonable time frame...try posting over there.

Best of luck with you application,
Annie

 

[Dudeqc]

Re: CHILDREN'S INFORMATION, CUSTODY, TOUGH QUESTION..

Hello,

I just called Immigration Canada, I talked to an agent about my concerning, she explained to me that in my case depends on what the custody terms says, if it is stated in the custody that she has rights over the children to move and settle out of USA then it’s going to be ok, but if it is not stated that type of agreement, then I will have to fill out the form 5406 in order to get permission from the dad to settle in Canada, anyways and going to ask for more opinions. Thank you very much for your answers.