Absent parent...
 

Hi,

I wonder if anyone has any advice for me about my son starting school in Canada.
We are moving to Canada the end of April, I am a single parent! my son has NEVER met his father, or has he had any contact since his birth, I have been his sole parent/guardian. I visited Canada last week and my sons future school, he is 15 by the way. They advised, they needed a copy of my proof of citizenship application (no worries on that one) but also a legal copy of information saying I have sole custody of my son..Well I don't have anything as I have never needed it, as there has never been an issue.

Any help ??:(

Jen

Re: Absent parent...
 

Whose names are on your son's birth certificate? Aside from your own.

Oh, and what status will you have when you and he enter Canada in April?

Re: Absent parent...
 

Hi,

I have a short copy certificate with neither of us named on it. When I enter Canada it is as a British citizen as awaiting proof to be forwarded to Canada.

Thanks

Re: Absent parent...
 

Proof of what? (Or am I missing something?)

Edited to add: Ok, I read your other posts.

First, I really think you should get/will need a long-form birth certificate.

Secondly, as far as the school is concerned, they *might* accept a statutory declaration. What does CIC require for your son?

SB

Re: Absent parent...
 

I'm missing it too. :)

Actually, I'm not too sure what a short copy certificate is, nor, more importantly what that implications might be in your situation. But there are people on here much more knowledgable than I. They'll be along presently.

I hope that your rather strange statement that "you'll be entering Canada as a British citizen" isn't all you can tell us?

We're here to help you know.

Re: Absent parent...
 

I have both short and long birth certs for my kids, but we (mr 4bell and I ) are named as father and mother on both ...

Re: Absent parent...
 

Novo, the short version doesn't have parents names on it...
the long one has mother and father fields, whether the father's name is recorded in the OPs case is uncertain... don't know whether it would be all the proof she needs though if she is the only one on the certificate...

Re: Absent parent...
 

Is your son a Canadian citizen?

If not, have you obtained a permanent resident visa for him?
And if not, why are you even thinking about moving to Canada before taking this step?

Based on accounts from this forum, Canada is a lot less understanding about single parent situations than the United Kingdom. You say your son has never met his father but are the details on the birth certificate? If there is a father named on the birth certificate, then as a minimum, you will likely need some kind of court document/letter proving that in fact you have sole legal custody of him.

Re: Absent parent...
 

OK, thanks. I think the OP should get a long form otherwise she's going to run in to the whole parental permission mess.

But, let's await clarification of how she and her son are going to enter Canada: until then the original question about study permits is unanswerable.

Edit: cross post with JAJ

Re: Absent parent...
 

I'm presuming that the OP has an application in place for proof of Citizenship for herself.

She should get a long form certificate to show proof that she is the only parent listed otherwise she 'could' get grilled on entry to Canada if she doesn't have either a letter of consent or a court order giving consent to remove the son to another Country.

She can get one for £9.25 https://www.gov.uk/order-copy-birth-...fore-you-start

:)

Edit: also crossed post with JAJ

Re: Absent parent...
 

If so, she could have saved a lot of wear on several keyboards by stating that.

Nonetheless, if she's trying to prove Canadian Citizenship, does she have a right to enter (except as a visitor) before the proof is in hand? Let alone the son.

Re: Absent parent...
 

Indeed, but it's easy to forget to do so particularly if she presumed others had read her previous post.

http://britishexpats.com/forum/showthread.php?t=827460

She can enter as a visitor but until she has Citizenship status I don't believe she would be able to register her son in school as 'visitor' status wouldn't count for that. The big question is whether she will need to sponsor her son for PR once she becomes a Citizen, or whether he qualifies for Citizenship by descent (which I am not sure he does).

:)

Re: Absent parent...
 

So am I. However, we have no clue, so far, as to her son's status.

I'm very sympathetic to the absent father situation, & *might* be able to help (BTDT,GTGDT), but there's an information gap.

Given the gap, I'm not going to put my research geek hat on & start searching/share what may be irrelevant info.

If the OP provides further info, I'll be delighted to help if I can. :)

SB

Re: Absent parent...
 

Duplicate

Re: Absent parent...
 

Ah, I see she's discovered that she's a Canadian Citizen by decent (sic).

This does not engender a great deal of confidence in her tactics.

Re: Absent parent...
 

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!

Re: Absent parent...
 

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

Re: Absent parent...
 

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.

Re: Absent parent...
 

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

Re: Absent parent...
 

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).

Re: Absent parent...
 

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

SB

Re: Absent parent...
 

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.

Re: Absent parent...
 

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

Re: Absent parent...
 

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? :confused:

Re: Absent parent...
 

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

Re: Absent parent...
 

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.

Re: Absent parent...
 

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.

Re: Absent parent...
 

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.

Re: Absent parent...
 

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.

Re: Absent parent...
 

Brilliant, well done. :thumbsup:

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.

Re: Absent parent...
 

Thank you. I have paid for private healthcare for 6 months. The school advised it was just my proof of Canadian citizenship they needed and obviously his fathers permission. I hope to have clarity in everything tomorrow. To be honest, if have had such mixed information my head is spinning.

Re: Absent parent...
 

I bet it is! I thought you didn't have your citizenship proof yet, or has that come through now? If so, then you could sponsor your son for his PR now, which would make things much easier.

It'll take around 6-8 months to obtain, but at least once it's underway he shouldn't have any problem being admitted to Canada (and is likely to get the full amount of time), and he'll also be a legal resident much sooner for things like healthcare. Another advantage if he's 15 is that he'd be able to work once PR comes through, often 15/16 year olds like a part-time job but that wouldn't be possible for him until you've got his PR sorted.

If you've got your citizenship cert already then that's also going to make things easier for you in terms of getting admitted to Canada and being able to do things like get a driving licence. Phew! :lol:

Re: Absent parent...
 

Sorry, I've only just seen this, but don't bother! You can't go in to the Canadian High Commission and get advice, they only have a drop off box for applications and that's it unless you have an appointment.

If you want info on visas then they expect you to look at the CIC website, or to consult a licensed immigration consultant. But really, you only have one option for your son which is to sponsor him for PR once you've got your proof of citizenship. Any questions about it, the good peeps of BE will be happy to help with.

Re: Absent parent...
 

Proof of citizenship not arrived as yet!! Spoke on the phone to consulate and they are happy to see me tomorrow am. So hoping they will give me all info I need. Thank you again. ::fingerscrossed:

Re: Absent parent...
 

:confused: You mean the Canadian High Commission? They've given you an appointment just to give you advice on visas? :eek: How did you even manage to speak to somebody?

Curiouser and curiouser...........

Re: Absent parent...
 

Canadian citizen overseas, you can see someone at the HC without problem. Doing my OH application, I called up, spoke to the IO right away, got an appointment next day, he processed my sponsorship, her PR app and issued med forms in under 2 hours. He was very helpful.

Things may have changed now though.

Re: Absent parent...
 

You can't normally even speak to someone, and although they do see citizens, it's normally only the 'I'm holidaying in the UK and lost my passport' emergency type thing, not generic visa advice. Particularly as the OP only has one possible option for her son, which is to sponsor him for PR once she's got her citizenship cert.

Most strange!

Re: Absent parent...
 

You need to understand that your son can't live in Canada as a visitor. Really - he can't do that. It's not just about what the school wants, it's also about what the Canadian government wants. Your son is not exempt from the immigration laws of Canada just because you're a Canadian citizen. Without Canadian citizenship or permanent residence, he will be restricted in healthcare, travel, education and working, and if the situation persists until after he's age 18, he will likely have to leave Canada and return to his home country.

He might already be a Canadian citizen if you were born on or after February 15, 1977. Is this the case?

Otherwise you need to sponsor him for migration to Canada. He can become a Canadian citizen straight away after arriving if he is a permanent resident. This should be your objective.

Re: Absent parent...
 

That's great news! I held my breath when I asked my ex if he would sign....then tried not to look overly relieved when he said yes lol. Hope everything goes ok for you :thumbsup:

Re: Absent parent...
 

Correct me if i'm wrong but the law for Canadian citizenship by descent changed in 2009, with those born before 2009 not affected ?:confused:
http://www.cic.gc.ca/english/citizenship/rules_2009.asp

I think it depends on if OP was registered (or is interpreted by CIC as registered) as a Canadian citizen before her son's birth

Anyway if her son can't get citizenship immediately he can get PR and then immediately on arrival in Canada get citizenship... He would then have it not by descent and be able to pass it on to any kids born abroad, correct?

I'm curious, OP, is your son willing to move here or would he rather stay in the UK if it were up to him?

HTH
:)