Family Sponsorship

[ryzatiukinhoy]

Don't think that you can out smart CIC, the adoption route won't work. Even you submit your application, the CIC will ask you to do a DNA test, if you cannot provide a proof to prove who the child's father is.

Or can we leave the surname of my child on me.. so he can be my dependent.

 

[ryzatiukinhoy]

Then you are in a very serious problem. Since your husband didn't declare your child, your child has been excluded as your family member and your husband can no longer sponsor your child forever. Also, there might be possible to put his PR status in question, if CIC launches an investigation against him on the ground of misrepresentation

What if my child surname is in me? Can he be my dependent?

 

[mikeymyke]

Or can we leave the surname of my child on me.. so he can be my dependent.

But your child wasnt declared, so he cant ever be sponsored. Your husband tries to sponsor you as his spouse with a child, the child will not be able to immigrate here. It doesn't matter what the child's surname is, it doesn't make a difference

Even if you tried to immigrate here yourself with the child as your dependent, questions will be immediately raised as to your husband's lack of declaring the child, and he and his mom and family may have their PRs revoked for misrepresentation

 

[ryzatiukinhoy]

But your child wasnt declared, so he cant ever be sponsored. Your husband tries to sponsor you as his spouse with a child, the child will not be able to immigrate here. It doesn't matter what the child's surname is, it doesn't make a difference

But we will be marrying next year..

 

[mikeymyke]

But we will be marrying next year..

What difference does that make? The child wasnt declared, so he/she cannot immigrate here

 

[Miraclejj]

What if my child surname is in me? Can

But we will be marrying next year..

You gotta understand the immigration process of Canada. The problem isn't the relationship between you and your soon to be husband. The problem is before your husband landed in Canada and officially to becomd a PR, he needed to declare he had a dependent. Then he needed add your child on his application, and your child needed to pass the medical examination. Now, since he didn't declare your child, your child has been forever excluded as your family member as per Canadian Immigration Law, and your soon to be husband cannot sponsor him forever.

 

[mikeymyke]

Youre a Filipino correct? I know that its a common misconception among the Filipino community that you dont need to declare children because its "more work" and that they can be "sponsored later"

 

[mikeymyke]

https://www.google.ca/amp/www.cbc.ca/amp/1.1402511

This is an example of a consequence of not declaring. Filipino family, albeit slightly different circumstances, but same consequences. Mother sponsors daughter, grandchild not declared, grandchild ineligible to immigrate

 

[Rob_TO]

My husband-to-be is in Canada right now. He is a permanent resident already. His mother applied for family sponsorship, approved and flew in Canada together with his father and brother last September 2017.

During their application, we are not living together and not yet married and we had a child which is 1 year old now. My son is using my surname, and now, we actually have a good relationship with him and he's the one providing our needs as what most fathers do.

We are planning to get married next year. He wants to change my child's surname into his surname. I'd like to seek for advice on what is the best thing we can do so that he could sponsor us both.

Should we change my son's surname into his surname? Should we process the affidavit of paternity? or should he adopt my son?

What will we do in order to easily approved the family sponsorship application?

I would consult a lawyer. In your specific situation, since he would be sponsoring you and child would just be an accompanying dependent, it may be possible. Child may just be inadmissible if they were being sponsored as the principal applicant.

Read here: https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op02-eng.pdf
5.12. Exclusion from membership in the family class – R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)
If, on the other hand, they are included in the common-law partner’s application for permanent residence as accompanying family members, 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).
R70(4) states that,
"A foreign national who is an accompanying family member of a foreign national who is issued a permanent resident visa shall be issued a permanent resident visa, if, following an examination, it is established that
(a) the accompanying family member is not inadmissible; . . . ".

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.

 

[zardoz]

The problem is that if the child had been declared, non-EDE rules would have applied, and the whole family would have been inadmissible if the child was. In the scenario above, the child is EDE because of the Family Class Sponsorship of the spouse. This bypasses the whole reason for 117(9)(d). However, it seems that the above quote from OP02 forces IRCC to allow this as a loophole. It will be interesting to see how this pans out in reality.

 

[Rob_TO]

The problem is that if the child had been declared, non-EDE rules would have applied, and the whole family would have been inadmissible if the child was. In the scenario above, the child is EDE because of the Family Class Sponsorship of the spouse. This bypasses the whole reason for 117(9)(d). However, it seems that the above quote from OP02 forces IRCC to allow this as a loophole. It will be interesting to see how this pans out in reality.

Seems to be a loophole. Here is a recent thread of exactly this thing being accepted by visa officer: https://www.canadavisa.com/canada-immigration-discussion-board/threads/sponsoring-undeclared-child.156605/#post-6432200