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what's needed from our granddaughter's father?

what's needed from our granddaughter's father?

Old Jan 8th 2012, 9:24 am
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Default what's needed from our granddaughter's father?

Our daughter has finally decided to come over to Canada, to join the rest of the family.

Her, and our granddaughter, have already got residency (since 2009).

DD has already spoken to our granddaughter's father.

Whenever they have come to visit us over the past two years, DD has needed letter from him saying he gave permission for his daughter to go to Canada for holiday.

Now that they are wanting to come and live here, what would a notarized (?) letter have to say. They don't really want to go to court over it, but we know DD will need letter, as it has always been a requirement for holidays on entry into Canada.

Thanks for your help in advance.
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Old Jan 8th 2012, 10:19 am
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Default Re: what's needed from our granddaughter's father?

Originally Posted by TheCanes
Our daughter has finally decided to come over to Canada, to join the rest of the family.

Her, and our granddaughter, have already got residency (since 2009).

DD has already spoken to our granddaughter's father.

Whenever they have come to visit us over the past two years, DD has needed letter from him saying he gave permission for his daughter to go to Canada for holiday.

Now that they are wanting to come and live here, what would a notarized (?) letter have to say. They don't really want to go to court over it, but we know DD will need letter, as it has always been a requirement for holidays on entry into Canada.

Thanks for your help in advance.
Get a letter allowing removal permanently from the UK. Best to have a lawyer draw it up and make sure all is in order. If it has to go to court it can be expensive and even take a few years.

If your daughter is a permanent resident, has she maintained this, otherwise this may cause a problem, especially if she has to go to court. It requires 2 yours out of the preceding 5 be spent in Canada.
If she or your granddaughter are citizens then not an issue.

Was this not covered in your previous thread. http://britishexpats.com/forum/showt...14#post9139614
Did you not speak to a lawyer?
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Old Jan 8th 2012, 10:51 am
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Default Re: what's needed from our granddaughter's father?

We did not speak to a lawyer, as my daughter still wasn't sure then. All a bit difficult to do with us being in Canada already. Anyway, she has now decided for sure to come, and has told the father today.

Coming over in itself does not present a problem, as residency is still all in order for both of them.

Thanks for your reply.
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Old Jan 8th 2012, 11:20 am
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Default Re: what's needed from our granddaughter's father?

Originally Posted by TheCanes
We did not speak to a lawyer, as my daughter still wasn't sure then. All a bit difficult to do with us being in Canada already. Anyway, she has now decided for sure to come, and has told the father today.

Coming over in itself does not present a problem, as residency is still all in order for both of them.

Thanks for your reply.
Not sure how a child would get residency without the fathers permission to remove anyway. CIC require this before issuing the paper. If she has this then only a lawyer can advise if this can be revoked.

Coming over may present a problem if she has to go to court, especially if the father decides to fight permission or revoke permission already given. Having residency in Canada is not the same a permission to remove from the jurisdiction. It allows one to live in the country, but does not allow a child to be removed from another country. If the child resides in the UK, UK law has jurisdiction.

Courts, under the Children Act (from my experience years ago) only look at the child's best interests, which contact with the father is a big one. The other spouse would need to prove how moving to Canada was in the best interests of the child.

If the father agrees and it is drawn up legally I guess it will be OK. If an ex partner had wanted to take my child overseas I would fight it tooth and nail.
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Old Jan 8th 2012, 11:50 am
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Default Re: what's needed from our granddaughter's father?

The father had given his permission all the way through the immigration process. That's why residency was granted.

He's since been changing his mind whenever he felt like it, only given permission for holidays.

He is, however, not in a position to offer the child much. No official, permanent address, hiding from creditors (owes lots of money to different people), hasn't paid child support in over a year (although he works), arrested for drug possession a year ago...

Today he suggested that he'd sign a letter so DD + GD could move to Canada.

Just really wanted to know what a letter would have to say, should he agree to just go to a lawyer, instead of court.
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Old Jan 8th 2012, 12:37 pm
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Default Re: what's needed from our granddaughter's father?

Your daughter is unlikely to need anything. Her ex would have to apply for an Order compelling his daughter to live in the UK. Your daughter will then produce the permission he previously gave (to enable the PR) as a defence to that one.

Her only issue may be the lack of travel consent letter when arriving in Canada. I sure she can figure a solution to that one.
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Old Jan 9th 2012, 4:25 am
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Default Re: what's needed from our granddaughter's father?

Originally Posted by Almost Canadian
Your daughter is unlikely to need anything. Her ex would have to apply for an Order compelling his daughter to live in the UK. Your daughter will then produce the permission he previously gave (to enable the PR) as a defence to that one.

Her only issue may be the lack of travel consent letter when arriving in Canada. I sure she can figure a solution to that one.
The only thing about consent letters was that they always had to have a date on them (how long holiday was for). So, what would happen if DD could get a letter, which didn't state the moving part? Would that present a problem when on entry into Canada they asked how long they are staying, and DD says they've come to finally take up their residency?
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Old Jan 9th 2012, 4:33 am
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Default Re: what's needed from our granddaughter's father?

Originally Posted by TheCanes
The only thing about consent letters was that they always had to have a date on them (how long holiday was for). So, what would happen if DD could get a letter, which didn't state the moving part? Would that present a problem when on entry into Canada they asked how long they are staying, and DD says they've come to finally take up their residency?
OK. This is not particularly correct from a legal perspective but is likely to suffice from the border control perspective: Obtain a copy of the Statutory Declaration that she obtained from her ex for PR purposes. Present that to any official that requests a consent letter. Her reason for it being a copy is that the original is with CIC. That should suffice.

An alternative is to obtain consent letter from her ex for a trip ....
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Old Jan 9th 2012, 7:04 am
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Default Re: what's needed from our granddaughter's father?

Well, I emailed the immigration lawyer that we used at the time of applying for PR (should have thought of that before).

They told me that DD should only need PR card when moving over here (as ex gave permission for immigration - that's why PR went through). Thing is, we know that's not the case, as every time DD has come on holiday with our granddaughter, she's always had to have letter, birth certificate, copy of ex's passport... All that just for a holiday, although permanent residents!

I've emailed the Canada Border Services Agency to see if they have more info for us.
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