Undeclared dependent
- Thread starter Katrina12345
- Start date
Wait, she was the principal applicant? It sounds like you weren't sponsored, you were just on her PR application. I don't think this applies to you I'm afraid.
Then what option i am left with guys ? shall we try H&C path or renounce the PR . There is no way we can move to Canada without our second child. The mistake has happened now . We have to find a way / solution now. What is the suggestion ?
Shall i get a Immigration lawyer or renounce my PR
We are living in NZ at the moment so not in hurry to move to Canada
Thanks and Regards,
Kunal
You will need to get professional advice from a qualified Canadian immigration lawyer. You are not in a good position at the moment.
Honestly, I don't know. You left her out of your application on purpose, so you committed immigration fraud. If CIC finds out they can revoke your wife's PR, so you need to be careful. My advice would be to talk to a good immigration attorney, maybe someone else with a little more experience has another idea. But I don't think you have many options open to you right now. I understand entirely not wanting to leave your child behind, but it's a pretty serious thing to leave out a dependent on the application like that.
You have no H&C grounds. IRCC is quite clear that you need to update your app when a child is born. When you landed, you signed your COPRs declaring that you had no other dependants.
Renouncing is likely your best option.
But when we did our soft landing we took our second child with us in Visitor VISA - its not that we had hidden it. Its will be there in their record. But having said its a issue now . Do you guys know any good Immigration lawyer ?
Thanks and Regards,
Kunal
Right, but that's not the point. You even said yourself that you didn't include her to speed up the process -- your wife's PR was issued on the basis that she had two dependents when the reality is that there are three. That's all there is to it. Don't get me wrong, the situation you are in SUCKS, but it still remains that what you did is immigration fraud as the forms are quite clear that everyone must be declared. This forum is hosted by an immigration firm, their number is around here somewhere. Though they are based in Canada, wouldn't know where to start for someone in NZ. Good luck to you.
appreciate your response - will check with this immigration firm. With regards to IRCC they have said it is important to declare new addition to the family. But no where it is written that if you miss to do it then you will ban for life . Its a serious punishment and if it is such a harsh punishment then they should write it down in the COPR or in application some where the repercussion of missing to include a child
Thanks
Kunal
They don't say that it's important. They say that it is REQUIRED. Very big difference and fairly obvious that if you fail to do something required, there can be serious consequences.
It certainly is a strict rule, but as I recall it's pretty clearly stated in the guide, at least for the sponsorship process. From this guide: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#forms
Important information: Declaring all family members
If you’re applying for permanent residence in Canada, you must declare all of your family members. There are no exceptions to this requirement.
In addition, all family members must be examined as part of the process of applying for permanent residence in Canada, even if they will not come to Canada with the principal applicant.
Family members who aren’t declared and examined are excluded from the family class, which means you can’t sponsor them at a later date. If a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.
Find more information about why you must declare all family members.
I would imagine that the guide for the PR route your wife applied with would have also included that passage (if they didn't, that's pretty crappy of them, but I'd be surprised if it wasn't there). I really wish you the best, I'm sorry you find yourself here, but do proceed carefully. As canuck_in_uk mentioned, your best bet is probably renouncing PR status, but consult an immigration attorney for sure.
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It means that a non PR/citizen of Canada applied for a visa through an economic stream and included the OP and one of their children as dependents. They therefore were NOT sponsored. Sponsorship is when a PR or citizen of Canada sponsors their spouse and/or children to live in Canada. I am a Canadian citizen who sponsored my spouse for a spouse visa. Therefore he WAS sponsored. We have a good friend who is from the UK who applied for a visa through Express Entry and included his wife and children. Therefore the wife and children WERE NOT sponsored, they were included as dependents on his application.