Requirements for Authorization of Non-Accompanying Parent or Legal Guardian in a Canadian Immigration Application

Immigration to Canada is a rigorous process that requires the submission of several documents, especially in the case of single-parent families traveling with minor children. Among these documents, the parental authorization of the non-accompanying parent is crucial to ensure that the child leaves the country of origin with the consent of both parents. This article aims to address the concerns of people in this situation, and to provide practical advice for single parents in similar situations.

Understanding Parental Authorization for Immigration

Parental authorization is a legal document by which one parent gives consent for his or her minor child to leave the country with the other parent. This document is particularly important in cases of divorce, separation or when parents live in different countries. In general, the parental authorization must be signed by the parent not traveling with the child, and is often required to be notarized in order to be accepted by Canadian immigration authorities.

In the specific case of a parent who has only a récépissé, it's important to understand that this document only proves that the parent has initiated an administrative procedure, such as applying for a residence permit or passport. However, a récépissé does not have the same legal value as an official document, such as an identity card or passport, and may not be sufficient for Canadian authorities.

Legal Requirements for Parental Authorization in Canada

Canada takes the protection of children's rights very seriously, and ensures that any decision concerning their removal is taken in their best interests. Parental authorization is therefore required to prevent international child abductions, a major concern in cross-border family disputes.

In general, the requirements for parental authorization include:

• A signature from the non-accompanying parent.
• Notarization of the document to confirm its authenticity.
• In some cases, a translation of the document if the original language is not English or French.

These requirements apply regardless of the status of the non-accompanying parent, whether citizen, permanent resident or holder of a récépissé as proof of identity. However, the absence of a valid official document for the non-accompanying parent can complicate the procedure.

What if the Non-Accompanying Parent only has a Receipt as proof of identity?

If the non-accompanying parent only has a receipt, the situation can become complex. In such a case, the following measures are recommended:

• Consult an immigration professional A professional can advise on the validity of the receipt in the context of parental authorization, and can suggest legal alternatives, such as an affidavit.
• Obtain an affidavit If the receipt is insufficient, the non-accompanying parent can provide an affidavit confirming his or her identity and consent to the child's travel, in addition to the required form.
• Check with Canadian authorities Before submitting the application, it is advisable to contact the Canadian immigration authorities to clarify whether the receipt is acceptable or whether another document is required.

Parental consent in Entrée Express

Express Entry is one of the main ways for skilled workers to settle in Canada. However, parental authorization may not always be explicitly requested in the personalized list of documents, especially if the user has misdeclared or if there has been an error in the information submission process.

It is important to note that even if parental authorization is not included in the initial list of required documents, this does not mean that it will never be requested. Canadian authorities may request additional documents at any time, especially if inconsistencies or questions arise concerning custody of the child.

Practical Advice for Single Parents in the Immigration Process

Here are some practical tips for single parents applying to immigrate to Canada:

• Document verification Before submitting your request, please check that you have all the necessary documents, including those not explicitly requested in the customized list.
• Anticipating additional demand Be prepared to provide additional documents if requested by Canadian authorities.
• Keep in touch with an immigration professional An immigration professional can guide you through the process, ensuring that you meet all legal requirements.

Form IMM 5604: Declaration for the Parent/Legal Guardian not Accompanying an Immigrant Minor Child to Canada

Form IMM 5604 is an essential document in the Canadian immigration process for families where a minor child is traveling with only one parent or legal guardian. This form is also known as the "Declaration for the non-accompanying parent/legal guardian of a minor child immigrating to Canada". Its purpose is to ensure that the non-accompanying parent or guardian has given his or her consent for the child to immigrate to Canada with the other parent or guardian.

Importance of the IMM 5604 form

The IMM 5604 is required to ensure that custody rights and decisions concerning minor children are respected in the immigration process. This avoids situations where a child could be taken abroad without the consent of the non-accompanying parent or legal guardian. The form serves as proof that the parent who remains in the country of origin or who is not part of the immigration application has authorized the child's departure.

IMM 5604 form fields

The IMM 5604 form contains several fields that must be filled in precisely for it to be valid. Here are the main fields to be completed:

1. Surname and first name of minor child This field must show the child's full name as it appears on official documents (passport, birth certificate, etc.).
2. Child's date of birth The date of birth of the minor child must be indicated to precisely identify the child concerned by the declaration.
3. Name of non-accompanying parent/legal guardian This is the parent or guardian who is not traveling with the child. This field must include the full name as it appears on official documents.
4. Address of non-accompanying parent/legal guardian The full current address of the non-accompanying parent or guardian is required.
5. Signature of non-accompanying parent/legal guardian The non-accompanying parent must sign the form to confirm that he/she authorizes the child to travel with the other parent. This signature must be authenticated before a notary or other competent authority, depending on local requirements.
6. Date of signature The date on which the form is signed by the non-accompanying parent must be indicated.
7. Full name of accompanying parent/legal guardian This field must be completed with the full name of the parent or guardian who will accompany the child to Canada.
8. Date of authorization This is the date on which authorization is granted by the non-accompanying parent for the child to travel to Canada.
9. Notarial attestation In some cases, a notarized attestation is required to validate the signature of the non-accompanying parent. This field is completed by the notary or competent authority.

Integrating IMM 5604 into Entrée Express

Under the Express Entry program, the IMM 5604 form is not always explicitly requested in the personalized list of documents, but it may be required at various stages of the immigration application, especially when minor children are involved.

Corresponding fields in Express Entry :

1. Declaration of family members When submitting your profile to Entrée Express, you must declare all family members, including minor children. It is at this point that the information on the non-accompanying parent becomes relevant.
2. Additional documents If you have declared an accompanied minor child in your application, Canadian immigration authorities may request the IMM 5604 form at some point in the process. This request may be made after the initial submission of the profile, or when the documents are fully submitted after the Invitation to Apply (ITA).
3. Proof of relationship In addition to form IMM 5604, other documents proving the parent-child relationship, such as birth certificates or custody documents, may be required to corroborate the information provided.
4. Download documents Once the IMM 5604 form has been completed and signed, it must be scanned and uploaded to the additional documents section of your Express Entry application, if required. It is essential to follow the specific instructions provided by the system or the Canadian authorities in this regard.

What if the IMM 5604 form is not initially requested?

If the IMM 5604 is not on the personalized list of documents required when you submit your application to Express Entry, it is always advisable to prepare it in advance. Keep it handy in case immigration authorities ask for it at a later stage. It's also a good idea to contact an immigration lawyer to make sure you meet all the legal requirements for parental authorization.

The IMM 5604 is a key document for parents or guardians who are not accompanying their minor immigrant child to Canada. Make sure that this document is properly completed and ready to be submitted if required in your Express Entry process. This will ensure a smooth transition and compliance with Canadian legal requirements, facilitating your immigration process.

Conclusion

Parental authorization is an essential document for anyone wishing to immigrate to Canada with a minor child, especially in the case of single-parent families. While the receipt can pose challenges, there are legal ways to overcome these obstacles. By staying informed and consulting the appropriate professionals, single parents can ensure that their immigration process runs smoothly. Finally, it's crucial to always check the specific requirements of your application and be prepared to provide additional documents if necessary.