I need advice!

Canada Immigration Forum (discussion group)


 
       
Subject: I need advice!
  I would like to have some advice, what should we do.. I have a live in partner, he´s in alberta canada, and might possible be granted a pnp, the problem is , when he file his visa here in our country, he did not include the name of our children , we have 3, what he filed is me, as his common law, and he´s 2 children from his previous wife, since the secretary from the agency that assist him for his work visa in canada told him not to include our children, since they have different surname. Right now he is filling his income tax, and he´s confuse if he can add our children in his file, will it be complicated if the time that he can sponsor us.. Our children are all minors.can he get me and our 3 children... please help me!!
[04-04-2008,16:16]
[***.60.243.82]
joy
(in reply to: I need advice!)
It will be a big issue bec he didn´t include first time. That was the big mistake bec it is diffcult to add you need a lawyes advice.
[04-04-2008,17:28]
[**.150.37.117]
Anonymous
(in reply to: I need advice!)
get some legal advice.

Are you willing to come to Canada and leave your 3 children behind? Didn´t think so. That is the scenario your partner just set up.

[04-04-2008,17:55]
[**.155.160.37]
Sharon
need more advice... (in reply to: I need advice!)
That"s the advice he get from some of his friend to consult a lawyer, he´s very eager to get us , and he can´t live there alone , we´ve been together for 13 years and he´s there for almost 6 mos.Actually i want to apply also with the same agency he had,but he doesn´t want me to leave our kids... i know it´s very complicated, if he did not listen with the secretary of that agency, at first while we are doing the draft all of his children are all there , we even have an extra sheet for that... if we only find some time searching in the internet before we file his visa...
[04-04-2008,18:29]
[***.60.243.82]
joy
(in reply to: I need advice!)
you are confusing me. If you are common law, you are part of his application - or should be. If he is common law with you, your children need to be listed - ALL OF THEM.

if he did not include you, and he applied as a single person - he lied to the Canadian government. This is not a matter that is fixed with ? am sorry´

where did he get this advice?

you need a lawyer - BEFORE he completes his PNP application.

[04-04-2008,19:36]
[**.155.160.37]
Sharon
(in reply to: I need advice!)
Your posting is confusing me, when you say "when he file his visa here in our country" which country are you referring to? What is your status in Canada, could you be a Canadian?

Now certain countries while applying for work permits have to have medicals and others do not. Part of the reason why your children were not included is that there is only room for a few names on the forms and the secretary would of had to type see attached and list your kids names on a separate page.

To obtain a PNP he has to be accepted by the Province and the Federal government. Put down all the kids period regardless of the last name or any other issue. If they are not included they can never be sponsored see IRPR 117 (9) (d). You will need authorization from the other biological parent to allow them conscent to migrate.

Tell the truth always the truth if asked to explain, explain by telling the truth.

LEAVE IT WITH ME, SIGN HERE, ALL WILL BE OKAY!

Do you really think no CIC officer has heard that explanation before.

Relax tell the truth all will be okay.

Roy
www.cvimmigration.com

[05-04-2008,08:22]
[**.55.216.98]
Roy
thanks! (in reply to: I need advice!)
here´s the story , he´s been legally married before and they got seperated,(but no legal separation papers)they had 3 children and then we´ve met and we live in together for 13 years , we had 3 children also, so all in all he had 6 children , but you see here in our country, there is no divorce and annulment proceedings are so expensive, and before if you are not married with the father of your children , they cannot use the surname of their father,but now there is a new bill that they can use their father"s name as long that he acknowlege them...
[05-04-2008,15:27]
[***.60.243.82]
joy
continuation" (in reply to: I need advice!)
and also the name of their father is in their birth cert.so, since maybe the secretary don´t want it to be complicated ahe did not let my 3children to be included, but my name is included in the filing of visa as a common law and his 3 children from his ex wife , what are the complications of these?does he have to wait for the nomination of pnp, then before submitting the application, can he add our 3 children. or seek lawyer as soon as possible before he get nominated.thank you!

[05-04-2008,15:35]
[***.60.243.82]
joy
(in reply to: I need advice!)
in my opinion -
1) he should list all the children he fathered - right name or not. If need be, CIC will confirm with a request for DNA.
2) he absolutely needs to deal with the legal divorce of the first marriage. He cannot bring you to Canada until that is taken care.
3) He should list you as his common law partner. But he should also state that at this time, he is separated but not legally divorced - as you have told us.

that way, your relationship is declared. His status is declared, and once you get the divorce issue sorted out, he would be free to sponsor you with the children to join him in Canada.

Whatever you do... tell the exact truth to CIC. trying to make things easier now will make things much harder later.

Roy... did I get it right?

[05-04-2008,15:37]
[**.155.160.37]
Sharon
thank you roy, (in reply to: I need advice!)
but there´s no divorce here in the philippines.

[05-04-2008,16:14]
[***.60.243.82]
joy
(in reply to: I need advice!)
I believe he can file for divorce from Canada after he lands, and CIC would recognize this. Once that is done, he would be free to sponsor you.

Roy or someone else may have a better answer.

[05-04-2008,16:49]
[**.155.160.37]
Sharon