PR in Canada!
Aug 29th 2003, 5:34 am
#1
Just Joined
Thread Starter
Joined: Aug 2003
Location: britain
Posts: 15
PR in Canada!
I'm filling in forms for permanent residence in canada under the family class, i currently live in the UK. I have two children (father of my children isnt my sponsor in canada) I never married the childrens birth father so do i need to submit proof that i can take both children out of the country to move to canada, although i had legal advice saying im within my rights to take them? Your help in this matter would be appreciated.
Thank you!
Thank you!
Aug 29th 2003, 8:07 am
#2
Guest
Posts: n/a
Re: PR in Canada!
You must have notarized consent from biological father to take kids out of
the country, unless he is legally stripped of his parental rights. Fact that
you never married is irrelevant, he is still a father.
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________
"ambcorrin" <[email protected]> wrote in message
news:[email protected]...
> I'm filling in forms for permanent residence in canada under the family
> class, i currently live in the UK. I have two children (father of my
> children isnt my sponsor in canada) I never married the childrens birth
> father so do i need to submit proof that i can take both children out of
> the country to move to canada, although i had legal advice saying im
> within my rights to take them? Your help in this matter would be
> appreciated.
> Thank you!
> --
> Posted via http://britishexpats.com
the country, unless he is legally stripped of his parental rights. Fact that
you never married is irrelevant, he is still a father.
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________
"ambcorrin" <[email protected]> wrote in message
news:[email protected]...
> I'm filling in forms for permanent residence in canada under the family
> class, i currently live in the UK. I have two children (father of my
> children isnt my sponsor in canada) I never married the childrens birth
> father so do i need to submit proof that i can take both children out of
> the country to move to canada, although i had legal advice saying im
> within my rights to take them? Your help in this matter would be
> appreciated.
> Thank you!
> --
> Posted via http://britishexpats.com
Aug 29th 2003, 8:29 am
#3
Just Joined
Thread Starter
Joined: Aug 2003
Location: britain
Posts: 15
PR in Canada!
Thank you Mr Miller for your response.
Two more things if you dont mind?
1: Do you advise i get this proof of being allowed to take the children to canada before I send in my application?
2: How do i go about getting such proof?
Thank you for you time!
Two more things if you dont mind?
1: Do you advise i get this proof of being allowed to take the children to canada before I send in my application?
2: How do i go about getting such proof?
Thank you for you time!
Aug 29th 2003, 10:02 am
#4
Guest
Posts: n/a
Re: PR in Canada!
Yes, you must submit consent with application. Simply ask the father to go
to notary, lawyer or commissioner of oath and have consent letter signed and
notarized.
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________
"ambcorrin" <[email protected]> wrote in message
news:[email protected]...
> Thank you Mr Miller for your response.
> Two more things if you dont mind?
> 1: Do you advise i get this proof of being allowed to take the children
> to canada before I send in my application?
> 2: How do i go about getting such proof?
> Thank you for you time!
> --
> Posted via http://britishexpats.com
to notary, lawyer or commissioner of oath and have consent letter signed and
notarized.
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________
"ambcorrin" <[email protected]> wrote in message
news:[email protected]...
> Thank you Mr Miller for your response.
> Two more things if you dont mind?
> 1: Do you advise i get this proof of being allowed to take the children
> to canada before I send in my application?
> 2: How do i go about getting such proof?
> Thank you for you time!
> --
> Posted via http://britishexpats.com
Aug 29th 2003, 10:06 am
#5
Guest
Posts: n/a
Re: PR in Canada!
Andrew
Australia's practise is to look at the legal position under local law.
Under British law, unmarried fathers often have relatively few
parental rights (or none at all) although proving the exact situation
in a particular case can be tricky. I usually advise people in this
position to get profession advice from both a competent local lawyer
(dealing in family law) and a migration consultant.
Jeremy
>On Fri, 29 Aug 2003 20:07:46 GMT, "Andrew Miller" <[email protected]> wrote:
>You must have notarized consent from biological father to take kids out of
>the country, unless he is legally stripped of his parental rights. Fact that
>you never married is irrelevant, he is still a father.
>--
>../..
>Andrew Miller
>Immigration Consultant
>Vancouver, British Columbia
>email: [email protected]
>(delete REMOVE from the above address before sending email)
>________________________________
>"ambcorrin" <[email protected]> wrote in message
>news:[email protected]...
>> I'm filling in forms for permanent residence in canada under the family
>> class, i currently live in the UK. I have two children (father of my
>> children isnt my sponsor in canada) I never married the childrens birth
>> father so do i need to submit proof that i can take both children out of
>> the country to move to canada, although i had legal advice saying im
>> within my rights to take them? Your help in this matter would be
>> appreciated.
>> Thank you!
>> --
>> Posted via http://britishexpats.com
This is not intended to be legal advice in any jurisdiction
Australia's practise is to look at the legal position under local law.
Under British law, unmarried fathers often have relatively few
parental rights (or none at all) although proving the exact situation
in a particular case can be tricky. I usually advise people in this
position to get profession advice from both a competent local lawyer
(dealing in family law) and a migration consultant.
Jeremy
>On Fri, 29 Aug 2003 20:07:46 GMT, "Andrew Miller" <[email protected]> wrote:
>You must have notarized consent from biological father to take kids out of
>the country, unless he is legally stripped of his parental rights. Fact that
>you never married is irrelevant, he is still a father.
>--
>../..
>Andrew Miller
>Immigration Consultant
>Vancouver, British Columbia
>email: [email protected]
>(delete REMOVE from the above address before sending email)
>________________________________
>"ambcorrin" <[email protected]> wrote in message
>news:[email protected]...
>> I'm filling in forms for permanent residence in canada under the family
>> class, i currently live in the UK. I have two children (father of my
>> children isnt my sponsor in canada) I never married the childrens birth
>> father so do i need to submit proof that i can take both children out of
>> the country to move to canada, although i had legal advice saying im
>> within my rights to take them? Your help in this matter would be
>> appreciated.
>> Thank you!
>> --
>> Posted via http://britishexpats.com
This is not intended to be legal advice in any jurisdiction
Aug 29th 2003, 10:46 am
#6
Guest
Posts: n/a
Re: PR in Canada!
Canadian immigration will not look into legal issues in particular country -
other parent's consent or court decision will be required.
Similarly with crossing border with kids - most countries signed
treaty/convention to prevent children kidnapping (including parental
kidnapping) and one parent traveling with minor child should always carry
consent of other parent or proper court decision.
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________
"JAJ" <[email protected]> wrote in message
news:[email protected]...
> Andrew
> Australia's practise is to look at the legal position under local law.
> Under British law, unmarried fathers often have relatively few
> parental rights (or none at all) although proving the exact situation
> in a particular case can be tricky. I usually advise people in this
> position to get profession advice from both a competent local lawyer
> (dealing in family law) and a migration consultant.
> Jeremy
> >On Fri, 29 Aug 2003 20:07:46 GMT, "Andrew Miller"
<[email protected]> wrote:
> >You must have notarized consent from biological father to take kids out
of
> >the country, unless he is legally stripped of his parental rights. Fact
that
> >you never married is irrelevant, he is still a father.
> >
> >--
> >
> >../..
> >
> >Andrew Miller
> >Immigration Consultant
> >Vancouver, British Columbia
> >email: [email protected]
> >(delete REMOVE from the above address before sending email)
> >________________________________
> >
> >
> >"ambcorrin" <[email protected]> wrote in message
> >news:[email protected]...
> >>
> >> I'm filling in forms for permanent residence in canada under the family
> >> class, i currently live in the UK. I have two children (father of my
> >> children isnt my sponsor in canada) I never married the childrens birth
> >> father so do i need to submit proof that i can take both children out
of
> >> the country to move to canada, although i had legal advice saying im
> >> within my rights to take them? Your help in this matter would be
> >> appreciated.
> >>
> >> Thank you!
> >>
> >>
> >> --
> >> Posted via http://britishexpats.com
> >
> >
> This is not intended to be legal advice in any jurisdiction
other parent's consent or court decision will be required.
Similarly with crossing border with kids - most countries signed
treaty/convention to prevent children kidnapping (including parental
kidnapping) and one parent traveling with minor child should always carry
consent of other parent or proper court decision.
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________
"JAJ" <[email protected]> wrote in message
news:[email protected]...
> Andrew
> Australia's practise is to look at the legal position under local law.
> Under British law, unmarried fathers often have relatively few
> parental rights (or none at all) although proving the exact situation
> in a particular case can be tricky. I usually advise people in this
> position to get profession advice from both a competent local lawyer
> (dealing in family law) and a migration consultant.
> Jeremy
> >On Fri, 29 Aug 2003 20:07:46 GMT, "Andrew Miller"
<[email protected]> wrote:
> >You must have notarized consent from biological father to take kids out
of
> >the country, unless he is legally stripped of his parental rights. Fact
that
> >you never married is irrelevant, he is still a father.
> >
> >--
> >
> >../..
> >
> >Andrew Miller
> >Immigration Consultant
> >Vancouver, British Columbia
> >email: [email protected]
> >(delete REMOVE from the above address before sending email)
> >________________________________
> >
> >
> >"ambcorrin" <[email protected]> wrote in message
> >news:[email protected]...
> >>
> >> I'm filling in forms for permanent residence in canada under the family
> >> class, i currently live in the UK. I have two children (father of my
> >> children isnt my sponsor in canada) I never married the childrens birth
> >> father so do i need to submit proof that i can take both children out
of
> >> the country to move to canada, although i had legal advice saying im
> >> within my rights to take them? Your help in this matter would be
> >> appreciated.
> >>
> >> Thank you!
> >>
> >>
> >> --
> >> Posted via http://britishexpats.com
> >
> >
> This is not intended to be legal advice in any jurisdiction
Aug 29th 2003, 9:42 pm
#7
Guest
Posts: n/a
Re: PR in Canada!
>On Fri, 29 Aug 2003 22:46:05 GMT, "Andrew Miller" <[email protected]> wrote:
>Canadian immigration will not look into legal issues in particular country -
>other parent's consent or court decision will be required.
Out of interest, I'd be keen to know where reference to this is in the
CIC manuals. Australia has a whole chapter outlining policy on this
issue, which is drafted strictly in accordance with the Hague
Convention.
Canada must have some similar policy written down, but a quick look at
the CIC site didn't uncover anything.
Application forms ask for proof of authority that children can be
brought to Canada (whatever that may be), and I would think that
Canadian immigration offices should be quite familiar with what
requirements in their territories of jurisdiction are.
If original poster has exclusive custody rights in the UK and a court
order is absolutely necessary it may be easier to get this than track
down the other parent and potentially open up a legal can of worms.
>Similarly with crossing border with kids - most countries signed
>treaty/convention to prevent children kidnapping (including parental
>kidnapping) and one parent traveling with minor child should always carry
>consent of other parent or proper court decision.
More honoured in the breach than the observance, I reckon. No-one I
know does that when travelling alone with their kids, and I've never
heard of any problems either.
Jeremy
This is not intended to be legal advice in any jurisdiction
>Canadian immigration will not look into legal issues in particular country -
>other parent's consent or court decision will be required.
Out of interest, I'd be keen to know where reference to this is in the
CIC manuals. Australia has a whole chapter outlining policy on this
issue, which is drafted strictly in accordance with the Hague
Convention.
Canada must have some similar policy written down, but a quick look at
the CIC site didn't uncover anything.
Application forms ask for proof of authority that children can be
brought to Canada (whatever that may be), and I would think that
Canadian immigration offices should be quite familiar with what
requirements in their territories of jurisdiction are.
If original poster has exclusive custody rights in the UK and a court
order is absolutely necessary it may be easier to get this than track
down the other parent and potentially open up a legal can of worms.
>Similarly with crossing border with kids - most countries signed
>treaty/convention to prevent children kidnapping (including parental
>kidnapping) and one parent traveling with minor child should always carry
>consent of other parent or proper court decision.
More honoured in the breach than the observance, I reckon. No-one I
know does that when travelling alone with their kids, and I've never
heard of any problems either.
Jeremy
This is not intended to be legal advice in any jurisdiction
Aug 29th 2003, 10:08 pm
#8
Just Joined
Thread Starter
Joined: Aug 2003
Location: britain
Posts: 15
PR in Canada!
Thank you for your interest in this matter.
A bit of background, i have been to seek legal advice as i want to do this the right way. A solicitor did say to me i have every right to take the children to canada with me without consent because:
1: I never married the birth father
2: Both children took on my surname
3: The father was not regitered as the father of both my children
My solicitor did say that the father can take me to court to stop me taking the children out of the juristiction, but until then im within my rights to do so.
So does it still stand that i have to get consent??
Thanx!
A bit of background, i have been to seek legal advice as i want to do this the right way. A solicitor did say to me i have every right to take the children to canada with me without consent because:
1: I never married the birth father
2: Both children took on my surname
3: The father was not regitered as the father of both my children
My solicitor did say that the father can take me to court to stop me taking the children out of the juristiction, but until then im within my rights to do so.
So does it still stand that i have to get consent??
Thanx!
