Help with dependant!!

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Old Jun 22nd 2020, 9:40 pm
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Default Help with dependant!!

My daughter is 16 currently, her father will not sign the paperwork to allow her to move with us. As my partner is sponsoring us, how would it work for my daughter to come out there when she’s 18? Would we still need him to sign paperwork, and would my partner still be able to sponsor her? She is still going to have a medical with us and she is on the sponsorship documents, but I’ll tick she won’t be accompanying us!

any help or advise would be great.

thank you
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Old Jun 22nd 2020, 9:49 pm
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Default Re: Help with dependant!!

If your daughter's father totally refuses to discuss the matter or negotiate, I'd recommend a consultation with a family law solicitor with a view to requesting a court order to allow your daughter emigrate with you. While she is not yet 18, a 16 year old is old enough to have valid views on where she lives and to express those opinions to a family law judge and for those opinions to carry some weight.

Last edited by Pulaski; Jun 22nd 2020 at 10:14 pm.
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Old Jun 22nd 2020, 9:59 pm
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Default Re: Help with dependant!!

This is something we have discussed!! And my daughter decided to stay here until she’s 18, for a few reasons. 1, so that she can complete her college tuition and 2, so,we hope, that her father cannot stop her once she turns 18!

We just don’t know where we stand with her coming out there then.

xx
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Old Jun 23rd 2020, 6:16 am
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Default Re: Help with dependant!!

Hi

Originally Posted by Mrsvickers
This is something we have discussed!! And my daughter decided to stay here until she’s 18, for a few reasons. 1, so that she can complete her college tuition and 2, so,we hope, that her father cannot stop her once she turns 18!

We just don’t know where we stand with her coming out there then.

xx
1. As long as she has the medical and completes medical and background, you list her as non accompanying. As with the present regulations, she then could be sponsored up to the age of 22. .
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Old Jun 23rd 2020, 10:38 am
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Default Re: Help with dependant!!

And we wouldn’t need her father to sign the non accompanying declaration as long as she’s over 18?

Would we just do the same process as we are doing now except it would be for dependant and not common law?
And it’s fine that my partner is not the biological father, he could still sponsor as his dependant?

Sorry for all the questions
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Old Jun 23rd 2020, 1:27 pm
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Default Re: Help with dependant!!

Originally Posted by Mrsvickers
And we wouldn’t need her father to sign the non accompanying declaration as long as she’s over 18?

Would we just do the same process as we are doing now except it would be for dependant and not common law?
And it’s fine that my partner is not the biological father, he could still sponsor as his dependant?

Sorry for all the questions
You would sponsor her, as her mother.

Her father would be signing something to say she's not accompanying you, so presumably he'd be happy to do that as it would mean she's not moving with you? But if not, then a covering letter explaining he won't do it will suffice, ideally get something from him in writing (email etc, then print it out) saying he refuses to sign.

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Old Jun 23rd 2020, 2:26 pm
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Default Re: Help with dependant!!

christmasoompa oh he will definitely sign something to say she isn’t coming with me 🤷🏼‍♀️

do I not have to have PR for 5 years in order to be able to sponsor her?
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Old Jun 23rd 2020, 2:29 pm
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Default Re: Help with dependant!!

Originally Posted by Mrsvickers
... Do I not have to have PR for 5 years in order to be able to sponsor her?
No, she'll be your dependent child for Canadian immigration purpses until her 22nd birthday, so she immigrates "with you" as part of your family until then.
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Old Jun 23rd 2020, 9:44 pm
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Default Re: Help with dependant!!

Originally Posted by Mrsvickers
christmasoompa do I not have to have PR for 5 years in order to be able to sponsor her?
Nope. You simply need to be a PR living in Canada to sponsor her.

https://www.canada.ca/en/immigration...ml#eligibility

HTH.
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