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Hello – My name is ***** ***** I’m happy to assist you today. I am a Canadian lawyer who is able to answer immigration law questions.
I am reviewing your question and will reply shortly. Thanks
Thank you for your patience.
To clarify - your children will be going with your spouse to Canada but you will not - is that correct ?
Can you tell me what type of visa your spouse will be using to come to Canada and how she will apply for PR ?
I see - So you want your kids to stay temporarily and not permanently while your wife is waiting for her PR - is that correct ?
Did you now want to withdraw your consent for them to come ? Has your spouse completed the temporary resident visit /visitor visa application form yet for your children to get their visitor visa to Canada ?
Once you consent, they can come to Canada with their visitor visa and it will be hard for you to have them return to you if your wife does not agree so I would suggest that you need to contact the Canada Immigration office which is processing your application that you now wish to withdraw your consent.
I would suggest that you discuss this with your wife since this means that the visas will most likely not be issued.
Once they are in Canada, practically and legally speaking, because you consented for them to get their visa, it will be difficult to ask your wife to come back with them if she does not want to.
When she applies for PR, she has to include you and your children in the PR application. If you do not wish to come or you do not wish for your children to go to Canada and stay with her, all of you still need to be included in the application as dependents and you need to be do medical as well as criminal checks in case you do want to come in the future.
If you and your children do not want to come immediately, your wife has to indicate that you and your children are her dependent family members but are not accompanying dependents for her PR application.
After she gets her PR, she can later sponsor all of you to Canada.
Hope this answers your question.
To respond to your question : 1. If you and your wife are not divorced or legally separated, Canada Immigration usually does not ask for consent from you for your kids to be included in the application. She will have to include all of you regardless in the application but if she is asking for your kids to be processed for PR along with her, you can perhaps contact the Canadian visa office to indicate that you do not want them to be accompanying dependents. However, if your wife has the kids in Canada and you object to them getting their PR status, your kids will be caught in a difficult situation where they will not be able to get permanent status here after their visitor visas expire.
2. She can only apply for PR for the kids and not you, if she has proof that you and her are either divorced or legally separated.
3. I do not believe you are able to do this. However, you can ask the Canadian visa office which is processing your kids and wife's applications.
No they cannot because your children have the right to get their PR status because your wife is applying for PR. They cannot get their PR status without her also applying for PR.
Hope this clarifies things.
Dual citizenship is allowed in both Ghana and Canada so if your kids become Canadian citizens, they will not be required to renounce their citizenship in Ghana. After they get their PR status, they can apply to be naturalized Canadian citizens after they have lived in Canada long enough to fulfill the residency requirement for citizenship.
No, your wife cannot prevent you from seeing your children if you do come to Canada unless she has gotten a Court order in Canada which states that you are only to have limited or supervised access to your children but this is only usually done if there are allegations for abuse
If she applies for divorce while in Canada, you will have a chance to respond to the application because she will have to give you a copy of the application even if you are not in Canada. The Court uses the best interests test to determine who has custody. So it is hard for me to comment on your chances now because the Court will look at all of your circumstances of your case at the time she applies for a custody.
A TRV has an expiry date. It is usually issued of anywhere from 1-5 years . To withdraw your consent, you will have to notify Canada Immigration. You can try to do this directly with the Visa Application Centre that is processing the file or you can submit a WebForm inquiry to Canada Immigration
Here is the link to the Web form
You are most welcome. I am glad I was able to help. Feel free to post follow up questions.
Thank you for using JustAnswer.
All the best !
As a Legal Expert for JustAnswer, I am able to provide legal guidance online and by telephone but I cannot provide individual legal representation.
However, if you need the help of an experienced immigration lawyer, here is the link to the immigration section of Lexpert which is a website that has the names of leading lawyers in different areas of law. The lawyers named are all experienced lawyers. This link is to the names of Ontario lawyers but you can search for immigration lawyers for other provinces on this site as well.
I see - Do you know what Visa Application Centre is processing her application ?
Is there a way you can find out which VAC because it is important to know the office which is processing the applications ?
This email is for the Canadian Visa Office in Ghana. If your wife and children have applied for temporary visas such as a study permit and visitors visas, their applications could be processed by the VAC in Accra Ghana.
Here is the link to the VAC Ghana website which has a contact email address for them which you can try as well
I have copied the contact information for that office below :
Contact us by phone: National calls:(###) ###-####/ International calls: +233302750200
Contact us by email: *****@******.***
You can initiate a chat with them if you do it through their website
Hope this helps.
I am glad I was able to help.
Take care !