Sponsoring undeclared child
- Thread starter adanac21
- Start date
Just wondering why would she email CPC Ottawa about her child before landing?
You are lucky. Not sure your whole immigration story but looks like the omissions are being forgiven.
hello! we have the same situation. can you please help me? what did you do? dis you hire a lawyer? pls reply
This is directly from the OP2 manual: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
Accompanying family members not excluded
then they are not being sponsored themselves as members of the family class but rather are the family members of a member of the family class and hence they are not inadmissible under R117(9)(d).
This may seem to contradict R117(9)(d). However, the intent of R117(9)(d) is that the sponsor may not sponsor a person as a member of the family class if that person was not examined as part of the sponsor's application for permanent residence. In the example given above, the child is not being sponsored as the dependent child of the sponsor, but rather as the accompanying family member of the principal applicant.
Main scenario I can see this happening, is if 1 parent is applying for PR via Express Entry or something, including their spouse as a non-accompanying dependent, but not declaring a child of that non-accompanying spouse. Then when the newly landed PR attempts to sponsor their declared but non-accompanying spouse, they can include the undeclared child in the app since they are just a dependent.
This seems like an incredibly rare situation that probably doesn't apply to the vast majority of people caught up in non-declared family member trouble. Most people are attempting to sponsor their children directly, since logically the parent would already be a PR.
Though this does seem to introduce a possible loophole for those looking to sponsor undeclared children directly. Just have the PR parent renounce their PR status, and the other spouse (who is PR or Canadian) can sponsor them for PR from scratch again this time including the previously undeclared child as a dependent. RIsk of course is being hit with a serious misrepresentation charge.
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You will need to explain what exactly your situation is, to get any useful advice here. So on who's app was the child undeclared, how are you trying to sponsor them now, etc.
Louman64
Hero Member
- Sep 22, 2016
- 104
- Category........
- FAM
- App. Filed.......
- 10-04-2019
- Doc's Request.
- No news yet
It is so clear from the OP Manual ...if you sponsoring your wife your undeclared son or daughter will be admissible as an accompanying family of the applicant ...but if you will sponsor the child he or she is inadmissible
Need to be very careful here, as while the child is not inadmissible if a dependent in another person's app, it does not negate the fact there was misrepresentation done in the original PR app.
This would be at discretion of visa officer how to proceed. If they feel the original misrepresentation was intentional and done just to circumvent the excessive demand rule (say if child has a medical condition), then a worst case scenario is the original main applicant being investigated and having their own PR status revoked. Of course this would be an extreme case.
hi! i was a dependent child during my mother's pr application. and within the process i got pregnant. my mother didn't know she need to declare my daughter because she has no idea what to do. she told me i can sponsor my child once i arrive and have a job. also,i went home and i married the father of my child. it was devastating to know i cannot ever sponsor my own daughter just because my mother did not know anything with regards to declaration. And I as a dependent child trusted my mother and I just listen to whatever she says because i dont also know the law. please help meee
So I assume your daughter was born before you landed as PR?
Also did you get married with the father, before or after you became a PR?'
And at any time before you landed as a PR, had you lived with the father for at least 12 months?
yes,she was born before i landed in canada. no,we did not live together with the father because my mom told me not to and because of the nature of his job to be assigned away. he seldom sees our daughter too. i married him after i landed in canada.i went home to marry him because my daughter's surname was his.
As you probably know, your daughter is ineligible to be sponsored since she was not declared in your own PR application. Luckily since you got married after you landed as PR and were never common-law before that, you are fully eligible to sponsor your husband.
However, you may be able to sponsor your husband and include your daughter as a dependent in the application. As per the rule linked to above, it seems that an undeclared child is allowed to be included as a dependent on someone else's PR app as long as they are not being sponsored directly as the primary applicant.
I'm not too familiar with the particulars of this rule, but it seems like it may apply to your situation. Not sure if you being the biological parent of the undeclared child will have any negative impact on the app.
As I said I"m not too familiar with this rule and haven't seen any real life situations of it being applied except in this very thread. But based on how it's written, it sounds like it would fit your situation.
You may as well try anyways, since it's the only chance you'll get to sponsor your family to Canada.
If you proceed with family class sponsorship app and it turns out to be rejected, then you can also take it to appeals under H&C reasons for best interest of the child.
Alternatively if your husband has education/work experience to qualify for Express Entry, he could go that route and include your daughter in his own application.