children not going with you.

Old Jun 15th 2008, 8:35 pm
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Default children not going with you.

Hi Everyone

My husband and I are just beginning our migration process, our question is my husband has a 15 year old from a previous relationship that wont be migrating with us and will stay with her mother, do we need any kind of affradavit signed by her mother consenting to us leaving the country or not?

Thanks
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Old Jun 15th 2008, 9:04 pm
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Default Re: children not going with you.

Hello!
you need to get your husband to sign an affitdavit saying that he's not taking the daughter. get your lawyer to do this when you're submitting your forms (if you've not submitted them yet).

that was the process in 2005 when we applied!
hope this helps.

m
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Old Jun 16th 2008, 5:09 am
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Default Re: children not going with you.

Originally Posted by rachel38
Hi Everyone

My husband and I are just beginning our migration process, our question is my husband has a 15 year old from a previous relationship that wont be migrating with us and will stay with her mother, do we need any kind of affradavit signed by her mother consenting to us leaving the country or not?

Thanks
No, you don't need anything from your husband's ex.

But your husband's daughter, even if not accompanying you to Canada must undergo medical examination together with you when asked for medicals.

I strongly suggest not trying to avoid it as once she gets through medicals she'll remain a family class member and may later be sponsored by her father.

If for any reason she, her mother or your husband don't want her to undergo medical examination then your husband must signed a statutory declaration (under oath) that he understands his daughter won't be any longer a member of family class and she will not be ever eligible to be sponsored by him.
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Old Jun 16th 2008, 11:04 am
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Default Re: children not going with you.

Originally Posted by Andrew Miller
No, you don't need anything from your husband's ex.

But your husband's daughter, even if not accompanying you to Canada must undergo medical examination together with you when asked for medicals.

I strongly suggest not trying to avoid it as once she gets through medicals she'll remain a family class member and may later be sponsored by her father.

If for any reason she, her mother or your husband don't want her to undergo medical examination then your husband must signed a statutory declaration (under oath) that he understands his daughter won't be any longer a member of family class and she will not be ever eligible to be sponsored by him.
Hi Andrew

Thanks for that, just to clarify if we are already in Canada on WP for instance (which I think you don't need medicals at that stage) and she is in the UK will we just need to arrange for medical in UK for her and include her where on PR application?
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Old Jun 16th 2008, 11:17 am
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Default Re: children not going with you.

You will need to undergo medical examination close to the final stage of PR application and at that time your husband's daughter will have to undergo it too. Doing it in UK will be fine.

She must be listed as dependent child on page 2 of IMM 0008 form (full application, not simplified, as I assume you'll be submitting standard package with arranged employment) and marked as non-accompanying. She also must be listed in your husband's IMM 5406 form.
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Old Jun 16th 2008, 11:40 am
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Default Re: children not going with you.

Originally Posted by Andrew Miller
I strongly suggest not trying to avoid it as once she gets through medicals she'll remain a family class member and may later be sponsored by her father.
Doesn't that really depend on whether any kind of relationship exists?
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Old Jun 16th 2008, 12:09 pm
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Default Re: children not going with you.

Originally Posted by JAJ
Doesn't that really depend on whether any kind of relationship exists?
There is a good relationship and has been a heart wrenching decision but she wants to stay in uk and finish high school and maybe then will change mind about joining us, so we will definitely be including her on applications so if she changes her mind it will be more straight forward
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Old Jun 16th 2008, 12:11 pm
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Default Re: children not going with you.

Originally Posted by Andrew Miller
You will need to undergo medical examination close to the final stage of PR application and at that time your husband's daughter will have to undergo it too. Doing it in UK will be fine.

She must be listed as dependent child on page 2 of IMM 0008 form (full application, not simplified, as I assume you'll be submitting standard package with arranged employment) and marked as non-accompanying. She also must be listed in your husband's IMM 5406 form.
Thanks Andrew,very helpful as always, we will be including her in our application and maybe a few years down the line she may want to join us and then it will be more straighforward.
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Old Jun 16th 2008, 12:16 pm
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Default Re: children not going with you.

If she may want to join you in few years then maybe better option would be to include her as accompanying dependent - it costs only additional $150. She may land in Canada before her PR visa expires (usually up to 12 months from medicals) and return immediately to UK for up to 3 years. It will give her almost 4 years to decide if she wants to move or not. Much less hassle than sponsoring her later.
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Old Jun 16th 2008, 6:53 pm
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Default Re: children not going with you.

Originally Posted by Andrew Miller
If she may want to join you in few years then maybe better option would be to include her as accompanying dependent - it costs only additional $150. She may land in Canada before her PR visa expires (usually up to 12 months from medicals) and return immediately to UK for up to 3 years. It will give her almost 4 years to decide if she wants to move or not. Much less hassle than sponsoring her later.
Thanks Andrew appreciate help.
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Old Jun 25th 2008, 3:54 pm
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Default Re: children not going with you.

Originally Posted by Andrew Miller
You will need to undergo medical examination close to the final stage of PR application and at that time your husband's daughter will have to undergo it too. Doing it in UK will be fine.

She must be listed as dependent child on page 2 of IMM 0008 form (full application, not simplified, as I assume you'll be submitting standard package with arranged employment) and marked as non-accompanying. She also must be listed in your husband's IMM 5406 form.
Andrew,

We are in the same position, but my husbands daughter does not want to undertake the medical or provide copies of birth cert & passport, photos etc. She is 13 and in the middle of her education, there has been no contact from shortly after birth and the mother is remarried so she has no inclination to join us.

Does this mean we still put her on page 2 of IMM 0008 and tick as not accompanying us OR do we JUST put her on my husbands IMM 5406 OR both??? This is the bit that's confusing me. We have arranged for a Notarized Statutory Declaration to be done next week which will be attached to the application.
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Old Jun 26th 2008, 9:28 pm
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Default Re: children not going with you.

Originally Posted by bex1
We have arranged for a Notarized Statutory Declaration to be done
Hi

The problems arise, as has been said, when you have little or no access to children from a previous relationship.
Requests for birth certificates or passports would be met with a big NO.

Where do i find the Notarized Statutory Declaration? or any info on them. I have searched wiki with no luck.

Thanks.
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Old Jun 27th 2008, 3:25 am
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Default Re: children not going with you.

Originally Posted by Gary and Suzie
Hi

The problems arise, as has been said, when you have little or no access to children from a previous relationship.
Requests for birth certificates or passports would be met with a big NO.
In the U.K. you can get birth certificates easily. As for passports, non-migrating applicants cannot be expected to have one (many people don't) and it's not needed anyway.

If there is no access to children then as long as you accept that if they don't do medicals, they can't be sponsored under Family Class (except through minister's discretion), then there isn't any real problem normally.
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Old Jun 28th 2008, 9:55 am
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Default Re: children not going with you.

Originally Posted by JAJ
In the U.K. you can get birth certificates easily.
Do you not need both parents signature to obtain a childs birth certificate?
If you have a difficult relationship with an ex this can be very difficult to obtain, especially if they want to be arkward.
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Old Jun 28th 2008, 11:30 am
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Default Re: children not going with you.

Originally Posted by Gary and Suzie
Do you not need both parents signature to obtain a childs birth certificate?
If you have a difficult relationship with an ex this can be very difficult to obtain, especially if they want to be arkward.
Nope, just go to a Family Records Centre (or any number of online sites) and you can order any birth certificate. I could order a copy of my next door neighbours if I felt so inclined!!

http://www.gro.gov.uk/gro/content/certificates/
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