Please Help for my 4months old child!

[canadianwoman]

If he had declared the child while landing, as he should have, the border agent would not have let him land, but probably would have let him enter, so he could attend an admissibility hearing.
The original poster should find an immigration lawyer in Canada and see about filing for Humanitarian and Compassionate considerations. No guarantees, but it sometimes works. Since the child is outside of Canada, they do not have to consider the H&C application, but they can.

 

[Louman64]

This is not true , I have the same situation my child was born after I received my passport with visa and after 2 weeks I landed in Canada and on the COPR there was a question if you have any dependents that is not listed on the COPR and I tick yes and wrote down the name and date of birth of my son and they did not say anything as long as you declare them upon landing it is ok

 

[Rob_TO]

This is not true , I have the same situation my child was born after I received my passport with visa and after 2 weeks I landed in Canada and on the COPR there was a question if you have any dependents that is not listed on the COPR and I tick yes and wrote down the name and date of birth of my son and they did not say anything as long as you declare them upon landing it is ok

And did you try to sponsor your child for PR yet??

If not, you will probably find your child is banned forever to be sponsored under family class, since they didn't undergo a medical exam or were properly included in your own PR app before you yourself landed as a PR.

This would only not be much of an issue, if the child was already a Canadian citizen by being born in Canada or one of the parents being Canadian.

 

[Rsoni]

It's not a complicated issue. When/what date did you receive PPR and the birth of your son? If you have received PPR (at hand) before the birth of your son, you are good. I have someone in similar situation because they have PPR at hand before the arrival of their child. Though they immediately email AVO and cic Canada about the new arrival.

I received ppr on 21 march 2017 and my child was born on 28 april.

 

[Regina]

Guys, all your comments sound odd.

The baby could not take medical test when he has not been born yet. So there is no misrepresentation in not mentioning an UNBORN dependent as a family member in any immigration forms.

As well TP writes "We have informed them of my wife's pregnancy at the time of her medical exam request.". So CIC knew about pregnancy but still issued visas to parents.

An immigrant can land getting PR status only for himself, and showing a wife as an unaccompanied family member (taken a med test), then there will be a child born (never being mentioned in any initial immigration forms of his father), and only then a spouse and a child may be sponsored.

Or a landed immigrant can go back to homeland to give a birth to a child and then either sponsor him by parent still in Canada or try to get a visitor visa for a baby and sponsor him Inland.


So GO TO A LAWYER and get HIS advise. Some cases are too complicated for relying only on forum's advice.

 

[Rsoni]

Guys, all your comments sound odd.

The baby could not take medical test when he has not been born yet. So there is no misrepresentation in not mentioning an UNBORN dependent as a family member in any immigration forms.

The stupid thing parents did was that they did not inform CIC about pregnancy and due date BEFORE getting visas into their passports. CIC would either postpone (and wait till parents add born baby to the process) or accelerate visas issue before due date.

An immigrant can land getting PR status only for himself, and showing a wife as an unaccompanied family member, then there will be a child born (never being mentioned in any initial immigration forms of his father), and only then a spouse and a child may be sponsored.

Or a landed immigrant can go back to homeland to give a birth to a child and then either sponsor him by parent still in Canada or try to get a visitor visa for a baby and sponsor him Inland.

However, in topic starter's case baby was born before mother landed and she did not mention him during the landing. It could be some sort of a problem with CIC. (Sometimes I wonder why people tend to lie about the most important things in such a simple obvious cases? And Who can explain why TP did not ask this question BEFORE he landed? or BEFORE HIS WIFE laned?)


So GO TO A LAWYER and get HIS advise. Some cases are too complicated for relying only on forum's advice.

Can my wife declare my son upon arrival at airport?

 

[Regina]

Can my wife declare my son upon arrival at airport?

She had to. But you said she has not declared him during landing.

 

[Rsoni]

She had to. But you said she has not declared him during landing.

She is landing on 6 September
Can she declare my son?

 

[Rsoni]

She had to. But you said she has not declared him during landing.

she is landing on 6 September.
Can she still declare my son at the airport to visa officer?

 

[Rsoni]

She had to. But you said she has not declared him during landing.

she is landing on 6 September.
Can she still declare my son at the airport to visa officer?

 

[methyl]

she is landing on 6 September.
Can she still declare my son at the airport to visa officer?

Sorry to hear that you're suffering for this bureaucratic idiocy that we have in regulations.

However, in the four months that passed since birth, and your wife's visa expiring soon, how were you planning to bring your son without a visa? Have you/your wife done anything in relation to visas for your son in these months?
If she hasn't landed yet she should advise CIC as soon as possible that she gave birth after getting PPR, she should've done that 4 months ago.

Chances are they will not have a chance to respond to her before Sept 6 though, not enough time.
If your inaction was on advice of 'immigration consultant', he/she is a fraud.

 

[Rob_TO]

Guys, all your comments sound odd.

The baby could not take medical test when he has not been born yet. So there is no misrepresentation in not mentioning an UNBORN dependent as a family member in any immigration forms.

As well TP writes "We have informed them of my wife's pregnancy at the time of her medical exam request.". So CIC knew about pregnancy but still issued visas to parents.

An immigrant can land getting PR status only for himself, and showing a wife as an unaccompanied family member (taken a med test), then there will be a child born (never being mentioned in any initial immigration forms of his father), and only then a spouse and a child may be sponsored.

Or a landed immigrant can go back to homeland to give a birth to a child and then either sponsor him by parent still in Canada or try to get a visitor visa for a baby and sponsor him Inland.


So GO TO A LAWYER and get HIS advise. Some cases are too complicated for relying only on forum's advice.

Informing of a pregnancy is not required. The only dates that matters is that of the actual birth of the child, and the DATE YOU LAND IN CANADA.

If a child is born ANYTIME before you do PR landing, then that child MUST be added to the app as a dependent and do a medical exam, BEFORE ANYONE LANDS AS PR. It doesn't matter if PR visas/COPR was already issued, that is irrelevant.

In OPs case here the child was born BEFORE ANYONE DID PR LANDING, which is why the child is now banned to be sponsored under family class.

 

[Rob_TO]

she is landing on 6 September.
Can she still declare my son at the airport to visa officer?

No.
A baby must be added as a dependent to your application, and most importantly do a medical exam BEFORE anyone lands as PR. Since you yourself already landed, it's now too late for this.

I received ppr on 21 march 2017 and my child was born on 28 april.

It's irrelevant when you got PPR. Once baby was born, your PR visa/COPR become void as your family composition has changed with added dependent. You are supposed to contact the visa office and they would request medical exam for baby then issue new PR visas/COPRs with the baby added as dependent.

By landing under the old COPR/visa which was no longer valid, you committed misrepresentation.

 

[Rsoni]

No.
A baby must be added as a dependent to your application, and most importantly do a medical exam BEFORE anyone lands as PR. Since you yourself already landed, it's now too late for this.



It's irrelevant when you got PPR. Once baby was born, your PR visa/COPR become void as your family composition has changed with added dependent. You are supposed to contact the visa office and they would request medical exam for baby then issue new PR visas/COPRs with the baby added as dependent.

By landing under the old COPR/visa which was no longer valid, you committed misrepresentation.

There must be some way out
I have told my wife to declare the son upon arrival at airport i don't know what will happen. But i don't have another option.

 

[Rsoni]

Sorry to hear that you're suffering for this bureaucratic idiocy that we have in regulations.

However, in the four months that passed since birth, and your wife's visa expiring soon, how were you planning to bring your son without a visa? Have you/your wife done anything in relation to visas for your son in these months?
If she hasn't landed yet she should advise CIC as soon as possible that she gave birth after getting PPR, she should've done that 4 months ago.

Chances are they will not have a chance to respond to her before Sept 6 though, not enough time.
If your inaction was on advice of 'immigration consultant', he/she is a fraud.

Sorry to hear that you're suffering for this bureaucratic idiocy that we have in regulations.

However, in the four months that passed since birth, and your wife's visa expiring soon, how were you planning to bring your son without a visa? Have you/your wife done anything in relation to visas for your son in these months?
If she hasn't landed yet she should advise CIC as soon as possible that she gave birth after getting PPR, she should've done that 4 months ago.

Chances are they will not have a chance to respond to her before Sept 6 though, not enough time.
If your inaction was on advice of 'immigration consultant', he/she is a fraud.

I applied for his TRV but it got refused.