Hi there everybody!!

I am looking for some help and guidance please.

I applied as a skilled worker under the simplified application with an AOR of July 2007 and I included my wife and daughter (aged 14) on the form.

Now the situation I now find myself in is that I have recently separated from my wife and have moved out of what was our home.

Now I still plan on moving to Canada on my own to start with as my daughter wants to finish school at 16 and join me then. This will give me some time to get settled first.

Now my questions are:-

1) should I write to CHC to ask them to remove the name of my wife from the application or should I wait until I get an update letter or I find a job that will help me there faster. I plan on writing to let them know I have moved anyway.

2) with the proof of funds when I land do I have to have the required amount for one or two people (my daughter will land with me and depending on when this happens may return to the UK)

3) At what age does my daughter have to be to live with me in Canada without her mother's permission?

Thanks for anyone that can help me

Okay, if you wanted you arent obliged to tell them and you wouldnt be doing anything illegal as far as I can tell if you just continued with your application as is. The rules say that if you have been living apart from your wife for 12 months or more and one of you has entered into a new common-law relationship then you cannot claim she is your spouse anymore and include her on your application. So, in other words, if you thought there was any possibility of your relationship being reconciled within 12 months and you might all go to Canada together after all you might be better off doing nothing for now.

If there is no chance of this or in fact your wife no longer wants to be included on the application you should write to them and tell them. You still have to include her details on the forms if you are still legally married (and even if you were divorced there are still questions that ask for details of a former spouse) for but you would indicate that she wouldnt be accompanying you to Canada after all (remember the checkbox for each family member where you say if they will accompany you to Canada?).

Canadian authorities have this concept of your family members "being examined". What this means is that you must include details of people on your forms who are going with you or who could possibly go with you in the future (or whom you could sponsor later on) so they can "examine" them. This means they check them for security/criminal/health inadmissibility. If you dont declare them you cant sponsor them later on. So whilst it may seem highly improbably at the moment that you would ever want to sponsor your wife in the future if you dont still include her on the form you wouldnt be able to. And who knows what the future will bring.

As for other questions...

2) - proof of funds - the amount you need for the number of people are stated here: http://www.cic.gc.ca/english/immigra...lled/funds.asp

Note that it says if you have arranged employment you dont have to show proof of funds. The difference between 3 people and two people is about $3,000. But basically you need the amount for the number of people whom you said would accompany you to Canada on your forms. So if it was just you and your daughter then its the amount for 2 people.

3) There are some discrepancies over the age. Although most of the Operational manuals used in Canada make reference to children over 16, the visa-office specific checklist from London says that proof children may be removed from the jurisdiction of the court is required for children under 18, not 16. See http://www.cic.gc.ca/english/pdf/kits/guides/E37023.pdf

Certainly there is no question you can include your daughter as a dependent child even if she doesnt live with you provided you have at least joint custody of her. Do you have any reason to think your wife would not consent to you taking here if she was over 16? If you have consent there should be no problem at all.

I hope this helps. I just realised how complicated I made it all sound so if you need further help feel free to reply or PM me.

Oh and BTW, I dont know when you applied but getting a job offer is definitely the way to go if you want to get to Canada soon.

Thanks for that reply.

I still need to let them know of a change of address so will more than likely remove her name then.

As for letting my daughter come with me she will say no just to be a pain it hard enough now and I only live 15 minutes away!! So anything to have a dig at me is fair game.

I am trying to get a job and / or the CI Stream in NS and have had a good response so far!!

Thanks again

HN

I had to get a 'letter of Consent' from my ex-husband stating that he would allow my two children of our marriage to apply for PR in Canada. The lawyer handling our PR application emailed me a standard form which I can send to you.

Just to complicate things further my new husband with whom I am applying for PR also has a daughter from his previous marriage and we were told that we had to get a letter from his ex-wife stating that we did not want his daughter to be included on the application - along with warnings of the consequences of this - ie what happens if the daughter wants to come over later, something happens to the mother which means the daughter needs to be with you etc...

In our case we did not need to get this letter from his ex as his daughter is no longer a dependant (She was 17 when we applied for PR but by the time the call came for the papers she had turned 19!)

So according to the advice we were given, you may have to get some sort of documentation form your ex-wife either way, but for the sake of your daughter - your ex needs to be aware of the consequences of her with holding permission for PR ie your daughter having to go through the whole process at a later date simply because she decides to be difficult!

Or maybe you won't be asked for your papers until she has turned 18............

Thanks for that!!

I am hoping that I won't need to ask her mother for permission because she will not give it just to have a go at me. She is like a dog in a manger with her (daughter) at the moment.

My daughter has told me she wants to go when she is 16 and finished her schooling here and I would like to go ahead and get things set up so the move is easier for her.

I am hoping her mother will see it more as an option for my daughters future and not a kind of 'stick' to beat me with!! So it may be that we have to wait until she is 18 and not worry about it, but either way she is staying on the application.

Thanks for your help.

HN

The "proof" in this instance is British law itself which provides that custody issues terminate at age 16.

Hey HN

First .. lol @your location !!

And second .. your ex may have mellowed two years down the line .. so try not to stress .. and just get yer paperwork etc in order from your point of view !

Realise this isn't massively helpful .. but it's late !!

Pengy

Thanks for your input and I am trying to relax