Road To Canada Forums

Ok here is my case.....

Im an Aussie,, In Canada.. being sponsored by my Common law Hubby who is Canadian born....

my rough timeline is in my signature....

so from ordering my FOSS notes i found out that Sydney (Aust) is waiting on information.. so i emailed them and got a reply back today

Quote:Good morning,

Thank you for your email.

We have received the results of your daughters' medical examinations on 22 January 2008. Their file is on my desk this week to send a reminder for documents requested in our letters dated 22 January 2008 & 25 September 2008.

I will update their contact details and send the requests for their full (not extract) birth certificates and each to complete the attached Immigration form. If you have copies of their birth certificates you may forward them direct to our office. Once we have the information we may be able to finalise this application.

Regards,

The Attached form they are talking about is a IMM 5406...
now i read that this form is found in the "Immigrating to Canada"... (Outland)

the discription

Quote:Additional Family Information
(IMM 5406)
You and each of your family members 18 years of
age or over, whether accompanying you to
Canada or not, must complete their own copy of
this form.

my kids for one are NOT coming to Canada... nor are they being sponsored at this time... and the fact they are only 15yrs old and 13yrs old.... i am NOT sure what they woudl be required to fill in a form.. and the fact the are still minors....


the reason that it has taken so long i come to find out is my Ex hubby has refused to supply my children's birth certificates and also hasn't bothered to tell me or anyone else... im pissed offf.. bl**dy A**hole

anyone have any ideas...????

Unfortunately you're in an understandably irritating situation - but for whatever reason, information that CIC required you provide with your application (full copies of your children's birth certificates) was not included with your submission. As far as them requesting IMM 5406, which Australia's document checklist says is only required of applicants and family members over the age of 18: I almost feel like the processing officer is trying to make a point . . . s/he cannot verify your children's ages because s/he doesn't have proper birth certificates for them. Unfortunately, the whole situation got complicated by the fact that s/he contacted your Ex to get the birth certificates (I'm assuming because he's the custodial parent) instead of contacting you. I think part of this confusion comes just from the fact that it's not terribly common for an overseas visa office to be processing an application on behalf of the children of an applicant who is being processed in Canada. I know it's annoying, but can you really blame your ex for not complying with a demand to submit his children's birth certificates to some foreign government bureaucracy? If the situation were reversed, would you bend over backwards to comply with a request like that on his behalf? I don't know how amicable your relationship is, but I can see my ex doing exactly as yours did, including not mentioning it to me. It's not his job to facilitate my happiness - anymore than it's mine to facilitate his. Not only that but your ex knows your children are not immigrating to Canada - so, if you want to give him the benefit of the doubt, he probably wondered why in the world CIC would be asking for their b/cs in the first place. Certainly he has no understanding of the requirements of this process.

That said - what you have to focus on now is getting CIC what they want so that your process can move forward. First step - obviously - is to get them the birth certificates they require. Once you produce those, you might successfully argue the point that Form 5406 is not required of your children because they are not over the age of 18. (The fact that they are non-accompanying is irrelevant.) I will say, though, that there's probably not much point in arguing with processing officers . . . especially when you'll be trying to tell them they've asked for something that isn't really required of you. I think if it was my application, my inclination (because IMM 5406 is really a benign form anyway) would be to just fill it out yourself for each of your kids, mentioning that you are signing as their parent because neither of them is old enough to be required to sign an "official" application form like that for themselves. In other words, don't question the officer's decision to ask for the form - just provide it under the terms that allow you to act on behalf of your child(ren) and be done with it. You'll be making a show of attempting to satisfy and cooperate . . . and I doubt the officer is going to push for signatures from Dad, or from the kids, when it is in fact a form that is not required of underage family members.

HEY ROBSLUV,


thanks for getting back to me... i truly do appreciate it...

when this all started i rang ex hubby and explained to him that i couldn't come home till i get PR... and he was satisfied with helping me since the girls want me home... he just changes his mind from one day to another... tomorrow he would help me and the next not.... worse than some teen girl in love trying to make her mind up...lol

He doesn't have custody... they live with him... we never went to court..and I will never sign them over....

anyways besides that ... i have started the process of getting the certificates... and thank you i will fill in these forms and send them off to sydney.. :)


hope your day is a good one

Cheers Mate

what part of Canada are you living in?

aussie Wrote:what part of Canada are you living in?

a long way from you mate :(


in SW ontario.. just near london

I live along way from the rest of the whole country :(

aussie Wrote:I live along way from the rest of the whole country :(

i know..:(

i met an aussie online in pogo.com before i even came over here 6 years ago who lived up your way... she missed home alot