christmasoompa

I'm as confused as everybody else!

OP - so you're a Canadian citizen by descent, but what visa is your son moving to Canada on? He can't just live there without one, you might be a citizen but he's not!

Worth noting too that you'd usually need either a letter from the father confirming you have his permission to remove his son from UK jurisdiction, or a court order to that effect, just to enter Canada anyway. And you'd certainly need it for a visa app.

So you'll need to get cracking with it if you hope to move in a month!

pintsizejenny71

Good morning all and thank you for your above comments.
I am a Canadian citizen by descent parent and grand parent. The CIC informed they they will fast track my application as job offer and school place for Ryder. My understanding is, as he is classed as a minor, he does not need a study permit, but also the school informed me they are happy to accept my proof of application for citizenship prior to the "actual" certificate arriving. My fiancée is also a Canadian citizen and marriage is in September, but I know that has little bearing on my living in Canada immediately.
The father is named on the original certificate as we were married at the time of my pregnancy, however, he was not present for, during and after the birth, nor the 15 years thereafter.
I wonder how or who I contact to advise legally that I am sole parent/guardian.
The school asked for proof that this is indeed the case.

Thanks

christmasoompa

That's great, but that still doesn't explain your son's immigration status? He's not a citizen from what you've said? Usually a visitor isn't allowed to attend school, are the school aware that he'll only be on a visitor visa if he's allowed to enter Canada?

My understanding is that you either need a letter from the other parent, or a court order to that effect - so in your case it would have to be a court order. Despite the fact that your ex hasn't seen your son for 15 years, he still has parental responsibility I believe, so you'll need official documents to show that you can move your son to Canada. I think you'll have to show that you've attempted to track your ex down to get his permission, but that he can't be found, and then hopefully the court will give you the docs needed once you've done that.

I might be missing something, but why not just wait until you've got your citizenship proof, and then have sponsored your son for PR before moving to Canada? Moving without a valid visa or status for either of you, and expecting to be allowed in and then to stay even if you are, just seems incredibly risky to me, particularly as your son won't even be eligible for basic things like healthcare.

Good luck.

Shirtback

Have you applied for Canadian citizenship for your son as well as yourself?

I assume that you have not applied for a visa for him, as if you had, you would have already been required to provide proof that you either have sole custody, and/or his father's agreement to him coming to Canada.

When you divorced, was child custody not mentioned in the agreement?

SB

SchnookoLoly

OP is a citizen by descent - that isn't passed on to her son, which is why everyone has said that her son can only enter as a visitor, he has no other immigration option (for now).

Shirtback

That's what I thought, until I looked it up. In fact, he *might* be eligible for citizenship, which is why I asked...

SB

cheeky_monkey

i am divorced and my son lives with me..when i registered him at high school with the local education board all i was asked for by them was a copy of his PR card..they did not ask for legal proof of custody..in fact there is no proof just a verbal agreement between me and my wife.

Novocastrian

But your son had a PR card, the OP's son apparently won't have anything.

farjojo71

When I moved over with my family I had the consent letter from my ex husband allowing my son to move over here but never had to show the school board anything apart from my TWP with the kids named on it and his birth certificate. Why would the school board need to see a consent letter?

pintsizejenny71

Thank you, I am trying to gather that answer from the school, but it is Spring break at the minute. Will let you know.

christmasoompa

My guess is that it's because the OP doesn't have a visa for her son - if she had a visa then the school would know that CIC had seen a consent letter/court order. But because he'll only be on a visitor record for a few months, they probably need to check that everything is in order.

pintsizejenny71

Hi,

Thank you, no I don't have a visa for him at the moment. Am paying a visit to Canadian Embassy in London tomorrow, so hopefully a clearer understanding.

christmasoompa

Bear in mind that you'll need it when you come to apply for your son's PR anyway, so you might as well start the process now and then that way you'll have it if the school insist on it. It would also be a lot easier to a get a court order while you're still in the UK!

HTH.

pintsizejenny71

Just had a call from my solicitor, they have traced my sons Father and are getting a statement signed by him for agreement to take him to Canada... Relief check 1.

christmasoompa

Brilliant, well done.

Are you still planning on moving at the end of the month? I'm just intrigued by your plan and how your son will be on a visitor status for quite a long time, what are you going to do about healthcare etc? It's good that the school will accept him though, most won't take visitors.