Permanent Resident in Canada with Minor Child

[al256]

What is your custody arrangement? Do you have full custody?

Joint custody, full physical custody.

If she would qualify for a student visa until
I get a family lawyer back home to press for PR application, would that not be the best bet to ensure she has some type of documentation?

 

[Prabhjotmona]

You are Canadian pr and your daughter is a us citizen... she can study here https://www.google.com/search?clien...i71j0j0i8i30j0i8i7i30j33i10j30i10._SPc3SR1fM4

 

[canuck_in_uk]

Joint custody, full physical custody.

If she would qualify for a student visa until
I get a family lawyer back home to press for PR application, would that not be the best bet to ensure she has some type of documentation?

You can just maintain her visitor status. Did CBSA give her a Visitor Record on last entry, a passport stamp or just let her in?

 

[canuck78]

You can just maintain her visitor status. Did CBSA give her a Visitor Record on last entry, a passport stamp or just let her in?

She got flagged at the border which is why the all started. When you were studying and got PR had you been extending your child’s visitor status? Have you approached your ex recently about your child getting PR. Perhaps if he realizes it only benefits his child without taking anyway from him he may be agreeable. Now that she has settled in school maybe he changed his mind.

 

[canuck78]

You are Canadian pr and your daughter is a us citizen... she can study here https://www.google.com/search?client=ms-android-samsung&sxsrf=ALeKk00HzpGOxUcvPNB56bWojpZe-Ifj0w:1582144580200&ei=RJxNXqjJC9TWtQbuiIrAAg&q=can+a+us+minor++citizen+study+in+canada&oq=can+a+us+minor++citizen+study+in+canada&gs_l=mobile-gws-wiz-serp.3...22731.32332..33018...4.1..0.198.2071.0j11......0....1.........0i71j0j0i8i30j0i8i7i30j33i10j30i10._SPc3SR1fM4

yes but she has no access to other services like healthcare in most places. Visitor status is not a great longterm solution and the ability to study will end after high school.

 

[al256]

She got flagged at the border which is why the all started. When you were studying and got PR had you been extending your child’s visitor status? Have you approached your ex recently about your child getting PR. Perhaps if he realizes it only benefits his child without taking anyway from him he may be agreeable. Now that she has settled in school maybe he changed his mind.

unfortunately speaking to him today is what sparked this post. He once again refused to sign.

Yes we were flagged at the border but the officer said no big deal and let us through. It still makes me worry if it’s up to officer discretion. We travel to the states once or twice a year since we moved to Canada in 2017, this was the first time it happened and makes me very anxious she could be denied entry.

 

[canuck78]

unfortunately speaking to him today is what sparked this post. He once again refused to sign.

Yes we were flagged at the border but the officer said no big deal and let us through. It still makes me worry if it’s up to officer discretion. We travel to the states once or twice a year since we moved to Canada in 2017, this was the first time it happened and makes me very anxious she could be denied entry.

Not really the best longterm plan especially if you cross the border twice a month. You could consider H&C..

 

[canuck_in_uk]

unfortunately speaking to him today is what sparked this post. He once again refused to sign.

Yes we were flagged at the border but the officer said no big deal and let us through. It still makes me worry if it’s up to officer discretion. We travel to the states once or twice a year since we moved to Canada in 2017, this was the first time it happened and makes me very anxious she could be denied entry.

As I asked, was she issued a Visitor Record, given a passport stamp or just let in on this entry?

If you want your child to be able to immigrate, you will need to go to court and get sole legal and physical custody.

 

[canuck_in_uk]

Not really the best longterm plan especially if you cross the border twice a month. You could consider H&C..

H&C cannot overcome the requirement to have full custody or permission of the other parent.

 

[Copingwithlife]

yes but she has no access to other services like healthcare in most places. Visitor status is not a great longterm solution and the ability to study will end after high school.

Plus she won’t be able to apply for a SIN, be able to work , get provincial healthcare , attend university etc
Basically do anything

 

[al256]

As I asked, was she issued a Visitor Record, given a passport stamp or just let in on this entry?

If you want your child to be able to immigrate, you will need to go to court and get sole legal and physical custody.

she’s left and re-entered probably 6-7 times since 2017 and never given a stamp or visitor record

Clearly sole legal and physical custody would answer this, but that’s not happening in the near future...if ever. That’s almost unheard of in family courts aside from substance use and the like. I asked about the safest way to keep her in school and eligible for entry into Canada when PR is not an immediate option.

 

[al256]

Plus she won’t be able to apply for a SIN, be able to work , get provincial healthcare , attend university etc
Basically do anything

She’s 9...

 

[Copingwithlife]

She’s 9...

I’m aware she’s young , but per your replies your “ situation “, isn’t going to be resolved overnight
9, or 19, the kid doesn’t have permanent status

 

[al256]

I don’t need long term solutions. I’m sure I will be able to obtain PR status for her through a lawyer eventually. I need advice on the safest options for legal status now for a 9 year old and potentially the next couple years (estimating on how long it took previous custody arrangements to be completed).

Very aware she does not have eligibility for healthcare. I have that part covered with private insurance.

 

[canuck_in_uk]

she’s left and re-entered probably 6-7 times since 2017 and never given a stamp or visitor record

Clearly sole legal and physical custody would answer this, but that’s not happening in the near future...if ever. That’s almost unheard of in family courts aside from substance use and the like. I asked about the safest way to keep her in school and eligible for entry into Canada when PR is not an immediate option.

I don’t need long term solutions. I’m sure I will be able to obtain PR status for her through a lawyer eventually. I need advice on the safest options for legal status now for a 9 year old and potentially the next couple years (estimating on how long it took previous custody arrangements to be completed).

Very aware she does not have eligibility for healthcare. I have that part covered with private insurance.

Her visitor status is valid for 6 months from the last entry. You need to ensure to apply for an extension prior to that to maintain her legal status.

There is nothing that will ensure she is allowed entry except PR. She is a foreign national and does not have the right of entry to Canada.