How to declare our undeclared son

[Kimmy23]

Hi, my name is kim. My husband went to canada as a single, he is under by his mothers application, he is dependent of his mother. It took 4 years before his (my husband) papers already granted. Because of that her mother did not declare our son as a dependent of my husband, because my mother in law is so frustrated at that time.
Before my husband landed to canada we have a child, but we are not married. Now, my husband is planning to sponsor us to be with him in canada,. Is there any chance of refusal of application for us? Please help us! I need advice.

 

[hamgha]

Hi, my name is kim. My husband went to canada as a single, he is under by his mothers application, he is dependent of his mother. It took 4 years before his (my husband) papers already granted. Because of that her mother did not declare our son as a dependent of my husband, because my mother in law is so frustrated at that time.
Before my husband landed to canada we have a child, but we are not married. Now, my husband is planning to sponsor us to be with him in canada,. Is there any chance of refusal of application for us? Please help us! I need advice.

I don't think it's possible to sponsor the child anymore. Here's a sort of similar case to yours http://www.canadavisa.com/canada-immigration-discussion-board/threads/undeclared-child-what-to-do.372011/

 

[hamgha]

Were you lilving togeher before he left?

 

[Kimmy23]

I don't think it's possible to sponsor the child anymore. Here's a sort of similar case to yours http://www.canadavisa.com/canada-immigration-discussion-board/threads/undeclared-child-what-to-do.372011/

How about me? Is there a chance for me to be with him to canada?

 

[Kimmy23]

Were you lilving togeher before he left?

No, we are not living together. I stayed at my mom’s house. And he is living with his family. because he is still studying at that time.

 

[hamgha]

How about me? Is there a chance for me to be with him to canada?

He can sponsor you but not the child and I don't think that's an option you want. Please check the link I gave you and read through the recommendations. Also move this thread to the sponsorship section of the forum, they'll give you a better idea

 

[scylla]

How about me? Is there a chance for me to be with him to canada?

As long as you didn't live together for a year before he came to Canada, he can sponsor you. However, as explained, he cannot sponsor your child. And you also cannot sponsor your child. So your child would have to be left behind.

 

[PMM]

Hi

As long as you didn't live together for a year before he came to Canada, he can sponsor you. However, as explained, he cannot sponsor your child. And you also cannot sponsor your child. So your child would have to be left behind.

1. Also a good chance that the husband will be reported for misrepresentation as he was included as a single with no dependents in his mother's application.

 

[Kimmy23]

Hi



1. Also a good chance that the husband will be reported for misrepresentation as he was included as a single with no dependents in his mother's application.

Hoping that canada immigration will consider our story behind all this :’( so sad to hear that, both of us is from broken family. Hope he will not reported we dont want to lose this opportunity that god gave us.

 

[Buletruck]

Sorry to be direct, but IRCC won't consider the story. Your husband was required by law to declare any changes to his status prior to landing. You can appeal, but the law is clear and these types of appeals have a very low success rate.

 

[hamgha]

Hoping that canada immigration will consider our story behind all this :’( so sad to hear that, both of us is from broken family. Hope he will not reported we dont want to lose this opportunity that god gave us.

they won't consider it, the law is clear, he shouldn't have hid his son. If he applied for sponsorship they'll review his past application and see the discrepancy.
I think the only ways are that you have to apply on your own independently from your husband or that he gives up his PR moves back with you and tries again. Wait for seniors to confirm.

 

[sharedknowledge]

I thought the your husband can officially marry you with your child name with you. Then, he sponsors both of you: you and your child.

 

[hamgha]

I thought the your husband can officially marry you with your child name with you. Then, he sponsors both of you: you and your child.

no he gave up his chance to sponsor the child once he landed after the child was born. he will never be able to sponsor him

 

[sharedknowledge]

no he gave up his chance to sponsor the child once he landed after the child was born. he will never be able to sponsor him

Read canadianwoman's post here: http://www.canadavisa.com/canada-immigration-discussion-board/threads/undeclared-child-what-to-do.372011/page-3

 

[hamgha]

Read canadianwoman's post here: http://www.canadavisa.com/canada-immigration-discussion-board/threads/undeclared-child-what-to-do.372011/page-3

H&C appeals don't always work. The post literally says "This is the first case I have seen where an undeclared child was found to be sponsorable" and one of the reasons it was approved was the H&C grounds. If she wants she can get a lawyer and wait years on appeal with a low chance of approval or file for immigration with her child herself without relying on sponsoring. Which would you go for?