Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Applying for Minor child from Previous Marriage
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UmmZakariya Posts: 2
Posted On: 2/6/2016
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Hi All
I am residing in one of the gulf states where child custody laws are really complex. I have a young child (6 years old) from my previous marriage and I'v recently married a Canadian citizen.
I don't currently have the sole custody for my child.
Q: Can I declare this child in my application and apply for my own immigration ( spousal sponsorship by my Canadian husband)?
Q: Do I have to wait for sometime once I move to Canada to apply for my this child to join me in Canada? ( considering that by that time I will have the custody. The application takes around a year from where I will apply so in the meantime I'll work on his sole custody)
Q: once I move to Canada (without my son) is it my husband who will sponsor him OR I will be able to sponsor him asap?
Looking forward to any much needed help (it's about the family and my young child people!)
Thanks a million
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Moderator Moderator Posts: 4075
Posted On: 2/18/2016
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in this type of information.
You can find some detailed information regarding what the requirements are in the
Guide 3999 - Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada. Here are some excerpts,
Who should be included in this application?
If you are being sponsored as a member of the family class, your spouse or common-law partner (except where your spouse or common-law partner is the sponsor) must be included in your application as a family member. You must also include all your dependent children from your current and previous relationships, whether they will be going with you to Canada (accompanying family members) or not (non-accompanying family members).
All your family members, whether accompanying you or not, must be declared on your application and be examined. If family members are not examined, it is generally not possible to sponsor them at a later date. This includes children in the custody of a former spouse or common-law partner.
In addition, failure to declare family members on your application and have them examined goes against your duty to provide truthful and accurate information, and may cause you to be found inadmissible to Canada.
and
My child is in the sole custody of my former spouse. Do I need to include this child in my application?
Yes. Even if there is a written agreement or court order to demonstrate that you do not have custody or responsibility, the child is still required to be listed on your application and must be examined.
Having your child examined as a condition of your application preserves your right to sponsor him or her as a member of the family class in the future, when there may be changes to custody or living circumstances.
and
Medical requirements
To become permanent residents, you and all your dependent children must complete a medical examination.
If your dependent child is a minor of whom you have joint or sole custody, that child is considered a dependant. The child will have to undergo a medical examination even if he lives with the other parent and will not be joining you in Canada.
For additional information we suggest that you contact Citizenship and Immigration Canada (CIC) Call Centre directly.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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