Advice needed

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Subject: Advice needed
My ex partner has taken my 8 year old daughter from the UK to visit her family in Calgary. She now wished to stay there for good. Can she get citizenship without my consent?
[09-08-2007,07:54]
[**.28.119.173]
chris
You need a lawyer, now. (in reply to: Advice needed)
UK citizens may VISIT Canada without a visa, for up to six months at a time. BUT she cannot get even a working visa, with out applying for Immigration status. You need to get a Canadian lawyer on this right away, to protect your rights.

Jim B. Toronto.

[09-08-2007,09:09]
[**.99.152.2]
Canadian Citizen
(in reply to: Advice needed)
what is your custody agreement? Make sure it is clear and legal. Did you give your ex permission to take your daugther on this Canadian visit?

CIC will not give your ex legal status for your daughter without your written consent. Her family is not likely eligible to sponsor her so she will need to sort out some kind out work permit which needs to be done from the UK or marry a Canadian who will sponsor her.

the biggest concern I would have is that she leave your child with her Canadian family and comes back to the UK to sort out her paperwork.

Canada and the UK work well together on these sorts of matters but as you likely know, evading the law can eat up a lot of time and money.

[09-08-2007,13:10]
[***.121.220.199]
sharon
(in reply to: Advice needed)
Chris

What is your ex-wife status is she a citizen of Canada and did she register your child to obtain the child Canadian Citizenship shortly after the birth which she could of done without your knowledge.

The issue is not Citizenship unless your daughter has already obtained same. The first permission is to immigrate as Sharon has said. That should entail authorization from you showing that you are not opposed to the thought of your daughter living permanently in Canada.

If your daughter is a Citizen and there is no custody agreement it is probably too late.

Sorry for this comment but if your still seriously fighting it is a possibility.

Roy
www.cvimmigration.com

[09-08-2007,13:17]
[**.158.68.94]
Anonymous
(in reply to: Advice needed)
They are both UK citizens and are only visiting Canada on a holiday (eledgedly). We don´t have an official custody agreement set by the courts, but I have played an active part in Leah´s life since she was born. I am not totally against the idea of them living there but I believe it would be best if they came back to discuss this. I will search the web for a family lawyer in Canada.
Thank you


[09-08-2007,14:23]
[**.28.119.173]
chris
Is she married to you, or not? (in reply to: Advice needed)
You used the term "partner " is she your legal wife, by marriage?

If not, you may have problems eastablishing "parental rights " in Canada. Does the child´s birth certificate list you as the Father ? Is the child identified by your last name in school ? All of that may be considered here if she is called in to a Family Court to answer for her actions in Canada.

No "official custody agreement ". Bad news, I´m afraid. The family courts in Canada may view you as having no legal standing here, and if the two of you were never legally married, then it may be that you are out of luck.

Jim B. Toronto.

[09-08-2007,15:51]
[**.99.152.2]
Canadian Citizen
(in reply to: Advice needed)
Hi,
I have just been informed about the Hague Convention by a family lawyer in Canada, he told me that I should make an appliction though the child abduction authorities in England and even though i dont have "rights of custody" i still have "inchoate rights" which any court would be bound to recognise.

[09-08-2007,19:24]
[**.110.6.17]
Chris

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