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Immigration and Parental Responsibility

Immigration and Parental Responsibility

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Old Jul 29th 2020, 4:39 pm
  #1  
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Default Immigration and Parental Responsibility

I'm a permanent Canadian Resident with a Canadian wife living and working in Canada. My 13 year old daughter who was named as my dependant on my immigration documentation and who did the medical normally resides with her mother in the UK.

Very recently it has come to our attention that there are some child welfare issues and challenges back home in the UK which are a serious concern. Serious enough that my daughter does not want to return home at the end of the summer to the status quo. In the UK this is being dealt with by my Solicitor and the Courts, but I'm looking for any advice as to what this means in terms of immigration, and is there a process for expediting her immigration status given the immediate child welfare concerns?

Any information much appreciated - TIA :-)
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Old Jul 29th 2020, 5:46 pm
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Default Re: Immigration and Parental Responsibility

Unfortunately the UK court system will take priority over any Canadian Immigration process. Until the UK court makes a ruling there is very little you can do.
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Old Jul 29th 2020, 6:01 pm
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Default Re: Immigration and Parental Responsibility

Thank you Former Lancastrian. My expectation is that there will be an expedited Court Order. What I'm concerned about is immigration status for the dependant child if the normal approval process takes 6 months+. I'm just trying to get a sense of the options in exceptional circumstances.
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Old Jul 29th 2020, 6:24 pm
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Default Re: Immigration and Parental Responsibility

Normal procedures would be application submitted. Dependent children accompanying or not require a medical exam. Once results are known and everything is complete IRCC then send out COPR Forms and these are valid for 12 months after the result of the medical. COPR holders then can do their landing in Canada however the Principal Applicant must be landed at the same time or before other family members.

https://www.canada.ca/en/immigration...plication.html

In your case either the parent or court needs to give permission for the dependent child in divorce cases to travel to Canada and that Canada has an Extradition Treaty for those who don't follow the legal requirements.
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Old Jul 29th 2020, 11:47 pm
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Default Re: Immigration and Parental Responsibility

If she stays in Canada you must apply to extend her status as a visitor before expiry of her current status.
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