1. how do i apply for temporary Canadian visa for my child? No my wife is schooling in canada. No please. The issue is

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Customer: 1.Hi, how do i apply for temporary Canadian visa for my child?
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: no my wife is schooling in canada
JA: Have you talked to a lawyer about the visa?
Customer: no please
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes, the issue is about the kids, the mum wants to go with them and i dont have a problem but i want them to come back and i dont know what mechanisms to put in place because the mother has intention of applying for PR for them once they get there which i am not in support with so i need some legal advice
Answered by JJL11 in 32 mins 1 year ago
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JJL11
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JJL11, Expert

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

Customer
OK, AM ON STANBY
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JJL11, Expert

Thank you for your patience.

To clarify - your children will be going with your spouse to Canada but you will not - is that correct ?

Customer
Hi
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JJL11, Expert

Can you tell me what type of visa your spouse will be using to come to Canada and how she will apply for PR ?

Customer
she is schooling in Canada, a PHD student but we are Ghanaians and she intends to apply for PR for the kids. she told me she was taking them for a visit for her research period and will come back with them after wards. after i filled the consent form/letter, she told me she will apply for PR. there is a plan not to come back with the kids and i dont support that
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JJL11, Expert

I see - So you want your kids to stay temporarily and not permanently while your wife is waiting for her PR - is that correct ?

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JJL11, Expert

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 ?

Customer
i want my kids to stay temporary so that if i want them back i can do that and if we decide that they should be PR then they can do it
Customer
she has completed the temporary visa application, they have done the medicals and i just wrote the consent letter on saturday 5th june but i didnt understand because i am not familiar with the processes. if she insist on the PR i will want to withdraw the consent. they plan to travel in august or september
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JJL11, Expert

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.

Customer
if they get there and the mother decide to apply for PR for them i wont have a say? i cant do anything about it?
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JJL11, Expert

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.

Customer
ok i get that part, how about the application for PR for them, will my consent be needed or she can go ahead to do that without my consent?
Customer
can i also give consent for a period, say 2 years or 5 years? is that possible?
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JJL11, Expert

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.

Customer
much valuable information but some aspects of my questions are not answered.
Customer
1. while she and the kids are there on temporary visa, if she is applying for PR for the kids, will my consent be needed while i am in Ghana? 2. can she apply for PR for only the kids while they are there? 3.can i also give consent for a period, say 2 years or 5 years on their temporary visa? is that possible?
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JJL11, Expert

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.

Customer
the answer to two is not clear, what i mean is if she can apply for PR for the kids without applying for PR for herself while they are there on the temporary visa?
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JJL11, Expert

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.

Customer
ok is getting clearer and i am getting more education. please permit me to ask some questions
Customer
1.is PR naturalization or dual citizenship? 2. while she and the kids are there, can she prevent me from having access to them/visiting them in Canada? 3. while there if she file for divorce what are the chances of me having the kids?
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JJL11, Expert

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.

Customer
1. is the temporary visa opened without duration? 2. how do i withdraw my consent if i want to do that now that they have not been granted the visa?
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JJL11, Expert

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

https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx?_ga-renseignements/canada-case-cas-eng.aspx?_ga=1.89663579.1982319276.1412349823&AspxAutoDetectCookieSupport=1&wbdisable=true

Customer
thanks so much. i am grateful. if i have any questions i will get back
Customer
thanks a lot
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JJL11, Expert

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 !

Customer
if i need some legal services in Canada while in Ghana, hope that possibility will be there? just in case there is a need
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JJL11, Expert

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.

https://www.lexpert.ca/rankings?listing_type=lawyer&product=DIR&practice_area=G1&province=Ontario&search_text=

Take care.

Customer
thanks a lot. i went onto Web Form inquiry to Canada Immigration site but had a challenge because i am not the applicant. i didnt have the application number. how do i do the inquiries as the father or change/amend my consent since everything is on the application form and my wife is not allowing me access to that
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JJL11, Expert

I see - Do you know what Visa Application Centre is processing her application ?

Customer
the application and medicals wwere done in Ghana so i dont know if it is the Ghana office.
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JJL11, Expert

Is there a way you can find out which VAC because it is important to know the office which is processing the applications ?

Customer
i will try to see if she release that information, she is not being co-operative these days
Customer
i got this email and i sent them a mail.***@******.***. i am yet to get a response
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JJL11, Expert

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

https://visa.vfsglobal.com/gha/en/can

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.

Customer
great, wonderful. i will do that
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JJL11, Expert

I am glad I was able to help.

Take care !

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