+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Undeclared dependent

Katrina12345

Newbie
Mar 26, 2019
5
0
Hello,

My husband is a permanent resident, before he went to canada i gave birth to our son. Our son was not declared as his dependent. Im well aware that this is misinterpretation on his part if he decided to sponsor me as his principal applicant if i declare our son.
But what if his Visa was issued September then i gave birth October and he landed Canada in December.
Is it safe from misinterpretation since he receive his visa prior to the birth of our son??

Please help
Thank you
 

np08

Hero Member
Jan 13, 2015
898
356
Category........
FAM
Visa Office......
Mississauga, OT
App. Filed.......
Feb 09, 2018
AOR Received.
Mar 07, 2018
Med's Request
Aug 8, 2018
Med's Done....
Aug 13, 2018
LANDED..........
Dec 18, 2018
It's not about when his PR was issued, but about when he landed. If he landed without declaring his son, the son is forever excluded from family class and cannot be sponsored that way.
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
No, the issuing of the visa doesn't mean that he's safe. He should have added your son to the application before landing - since he landed after the birth of your son, but without adding him to the application, your son has now been barred from the Family Class and can never be sponsored by his father.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hello,

My husband is a permanent resident, before he went to canada i gave birth to our son. Our son was not declared as his dependent. Im well aware that this is misinterpretation on his part if he decided to sponsor me as his principal applicant if i declare our son.
But what if his Visa was issued September then i gave birth October and he landed Canada in December.
Is it safe from misinterpretation since he receive his visa prior to the birth of our son??

Please help
Thank you
The word is "misrepresentation" and no, the date of issue of the visa is not relevant.

It probably won't help, but you should be consulting with a skilled immigration lawyer at this point in time. Tell your lawyer that it's about IRPR 117(9)(d).
 
  • Like
Reactions: MuAn

Shandy16

Full Member
Mar 5, 2019
39
7
How about we apply for H&C? Is it too risky? Or is there a big possibility to be approve?
Your reason would i think be valid for your husband to sponsor your son under H& C ground
I applied for my undeclared child last November, now he just had his medical
 

jddd

Champion Member
Oct 1, 2017
1,516
565
What reason can we use? What reason did you use and how did you prove it?
Another person’s reason cannot be used as yours unless your situations are exactly the same. You need to tell the truth. Making up a reason will also cause YOU to be at risk for misrepresentation and can be banned for 5 years. Do not create more problems by lying or making up stuff.

Get an immigration lawyer to help you.
 

Jena2908

Newbie
May 15, 2019
3
0
Your reason would i think be valid for your husband to sponsor your son under H& C ground
I applied for my undeclared child last November, now he just had his medical




Hi,
URGENT
Can you refer a good immigration lawyer or firm with the lawyers you work with your case?
 

Shandy16

Full Member
Mar 5, 2019
39
7
The firm is good, they have different lawyers who handles different cases
My child is 14 years old
We submit the application on November , he had medical last march
 
  • Like
Reactions: priti_ria