UNDECLARED CHILD-NEW PILOT PROJECT

[codepink]

Hello, I am new on this forum. MY POST WOULD BE LONG, BUT HOPING TO FIND SOME GUIDANCE.

My mom came to Canada first and then became citizen. Years later, she was able to bring me and my Dad and we are now all Citizens. When me and Dad were still in the Philippines, (while mom was working in Canada), my dad made the biggest mistake of his life. He had a one night stand to a lady and they had a child which is my half sister. My half sister is now 8 years old and still in the Philippines. But ever since she was born, it was me and my dad who took care of her because her mom doesn't have a financial capability to sustain her. Her mom never cares about her. In fact her mom has now her own family. My Dad didn't declare my half sister when we first arrived to Canada because of the fear the he might lose his PR.

To make the story short, Canada has a new Pilot Project for Undeclared Child. My dad would like to sponsor my half sister so we can all be together here. We have already contact the Lady and she agrees about sponsorship. She is okay to bring my half sister here in Canada to have a good future, she said she will sign all the documents needed. In fact, we are half way through the papers. What we have is the following:

1) IMM5604 DECLARATION OF NON ACCOMPANYING PARENT/GUARDIAN
2) Affidavit of Custody
3) Affidavit of Consent to Travel

All of those documents were signed by her mother and Notarized. All Immigration forms needed to be sign by her mother were all signed too.

My question is, Would that be good enough as documents proving that her Mother has no objections on bringing my half sister here in Canada? Would that Affidavit of Custody enough or is FULL LEGAL CUSTODY FROM COURT needed?

Any same case as ours? Any help would be appreciated! Thanks!

 

[zardoz]

Hello, I am new on this forum. MY POST WOULD BE LONG, BUT HOPING TO FIND SOME GUIDANCE.

My mom came to Canada first and then became citizen. Years later, she was able to bring me and my Dad and we are now all Citizens. When me and Dad were still in the Philippines, (while mom was working in Canada), my dad made the biggest mistake of his life. He had a one night stand to a lady and they had a child which is my half sister. My half sister is now 8 years old and still in the Philippines. But ever since she was born, it was me and my dad who took care of her because her mom doesn't have a financial capability to sustain her. Her mom never cares about her. In fact her mom has now her own family. My Dad didn't declare my half sister when we first arrived to Canada because of the fear the he might lose his PR.

To make the story short, Canada has a new Pilot Project for Undeclared Child. My dad would like to sponsor my half sister so we can all be together here. We have already contact the Lady and she agrees about sponsorship. She is okay to bring my half sister here in Canada to have a good future, she said she will sign all the documents needed. In fact, we are half way through the papers. What we have is the following:

1) IMM5604 DECLARATION OF NON ACCOMPANYING PARENT/GUARDIAN
2) Affidavit of Custody
3) Affidavit of Consent to Travel

All of those documents were signed by her mother and Notarized. All Immigration forms needed to be sign by her mother were all signed too.

My question is, Would that be good enough as documents proving that her Mother has no objections on bringing my half sister here in Canada? Would that Affidavit of Custody enough or is FULL LEGAL CUSTODY FROM COURT needed?

Any same case as ours? Any help would be appreciated! Thanks!

Exclusive custody is not required if the other parent doesn't object to the child's immigration and has signed the consent.

 

[codepink]

Exclusive custody is not required if the other parent doesn't object to the child's immigration and has signed the consent.

Wow! That's a good news for us. Thank you so much! Is that for real?

 

[Jaskal75]

Hello, I am new on this forum. MY POST WOULD BE LONG, BUT HOPING TO FIND SOME GUIDANCE.

My mom came to Canada first and then became citizen. Years later, she was able to bring me and my Dad and we are now all Citizens. When me and Dad were still in the Philippines, (while mom was working in Canada), my dad made the biggest mistake of his life. He had a one night stand to a lady and they had a child which is my half sister. My half sister is now 8 years old and still in the Philippines. But ever since she was born, it was me and my dad who took care of her because her mom doesn't have a financial capability to sustain her. Her mom never cares about her. In fact her mom has now her own family. My Dad didn't declare my half sister when we first arrived to Canada because of the fear the he might lose his PR.

To make the story short, Canada has a new Pilot Project for Undeclared Child. My dad would like to sponsor my half sister so we can all be together here. We have already contact the Lady and she agrees about sponsorship. She is okay to bring my half sister here in Canada to have a good future, she said she will sign all the documents needed. In fact, we are half way through the papers. What we have is the following:

1) IMM5604 DECLARATION OF NON ACCOMPANYING PARENT/GUARDIAN
2) Affidavit of Custody
3) Affidavit of Consent to Travel

All of those documents were signed by her mother and Notarized. All Immigration forms needed to be sign by her mother were all signed too.

My question is, Would that be good enough as documents proving that her Mother has no objections on bringing my half sister here in Canada? Would that Affidavit of Custody enough or is FULL LEGAL CUSTODY FROM COURT needed?

Any same case as ours? Any help would be appreciated! Thanks!

There is another form that u can get off of immigration website and the mother needs to sign it in front of a notarized . The form is IMM008-dep I had to use it for my step daughter.

 

[codepink]

There is another form that u can get off of immigration website and the mother needs to sign it in front of a notarized . The form is IMM008-dep I had to use it for my step daughter.

Hello, thank you for your reply. I think it is the IMM5604, it says there it should be signed in front of Notary as they will witness it.

 

[codepink]

Does a 9 yr need to give biometrics? And what are the fees needed to pay?

 

[melrose20]

Hello, I am new on this forum. MY POST WOULD BE LONG, BUT HOPING TO FIND SOME GUIDANCE.

My mom came to Canada first and then became citizen. Years later, she was able to bring me and my Dad and we are now all Citizens. When me and Dad were still in the Philippines, (while mom was working in Canada), my dad made the biggest mistake of his life. He had a one night stand to a lady and they had a child which is my half sister. My half sister is now 8 years old and still in the Philippines. But ever since she was born, it was me and my dad who took care of her because her mom doesn't have a financial capability to sustain her. Her mom never cares about her. In fact her mom has now her own family. My Dad didn't declare my half sister when we first arrived to Canada because of the fear the he might lose his PR.

To make the story short, Canada has a new Pilot Project for Undeclared Child. My dad would like to sponsor my half sister so we can all be together here. We have already contact the Lady and she agrees about sponsorship. She is okay to bring my half sister here in Canada to have a good future, she said she will sign all the documents needed. In fact, we are half way through the papers. What we have is the following:

1) IMM5604 DECLARATION OF NON ACCOMPANYING PARENT/GUARDIAN
2) Affidavit of Custody
3) Affidavit of Consent to Travel

All of those documents were signed by her mother and Notarized. All Immigration forms needed to be sign by her mother were all signed too.

My question is, Would that be good enough as documents proving that her Mother has no objections on bringing my half sister here in Canada? Would that Affidavit of Custody enough or is FULL LEGAL CUSTODY FROM COURT needed?

Any same case as ours? Any help would be appreciated! Thanks!

Hi codepink,

Just want to ask if you applied before the pilot project and have you experienced being refused or denied when you applied for your half sister? Your input is very much appreciated. Thanks!

 

[codepink]

Hi codepink,

Just want to ask if you applied before the pilot project and have you experienced being refused or denied when you applied for your half sister? Your input is very much appreciated. Thanks!

we have not experienced refusal as this is our first application. We applied after the Pilot project was in effect. So far, medicals are done we received AOR2 and waiting for approval..

 

[Sarahannclarke5]

Heres a thought to be wary of and you may want to speak to a lawyer.
If the child would have rendered your father ineligible for spousal status, as he stepped outside the marriage, that child may not be able to come under the pilot program.
Basically, if they would consider your father no longer a member of the family class as he had a new partner, that child could be inadmissible.

 

[canuck_in_uk]

Heres a thought to be wary of and you may want to speak to a lawyer.
If the child would have rendered your father ineligible for spousal status, as he stepped outside the marriage, that child may not be able to come under the pilot program.
Basically, if they would consider your father no longer a member of the family class as he had a new partner, that child could be inadmissible.

This is not an issue. The child would not have made the spouse ineligible to be sponsored. People cheat. Children can result from that.

 

[Sarahannclarke5]

This is not an issue. The child would not have made the spouse ineligible to be sponsored. People cheat. Children can result from that.

I agree that people cheat, it happens. However in reading many cases regarding this situation, i disagree when you say its not an issue. In one case, the panel member actually states that yes mistakes happen, however when in a genuine marriage this is not a mistake that should happen. The appeal was dismissed on not to be genuine/not a member of family class.
To reiterate, not all cases are the same, or have the same mitigating factors, so its hard to say what can happen. But to say that its not an issue is far fetched.
Im no expert, but had the decision maker known about the child beforehand and denied on that basis, it would be completely different than not adding the lovechild due to say parental cooperstion et al.
To the poster, i would have a consultation with a lawyer just to be on the safe side. I know from an acquaintances experiences personally who is in the same predicament, and from reading cases similar on canlii.

 

[canuck_in_uk]

I agree that people cheat, it happens. However in reading many cases regarding this situation, i disagree when you say its not an issue. In one case, the panel member actually states that yes mistakes happen, however when in a genuine marriage this is not a mistake that should happen. The appeal was dismissed on not to be genuine/not a member of family class.
To reiterate, not all cases are the same, or have the same mitigating factors, so its hard to say what can happen. But to say that its not an issue is far fetched.
Im no expert, but had the decision maker known about the child beforehand and denied on that basis, it would be completely different than not adding the lovechild due to say parental cooperstion et al.
To the poster, i would have a consultation with a lawyer just to be on the safe side. I know from an acquaintances experiences personally who is in the same predicament, and from reading cases similar on canlii.

In a spousal sponsorship app, cheating could be a factor in determining a genuine relationship. In something like this case (presuming they are telling the truth) where the couple worked through a one time incident and stayed together, it doesn't make a spouse ineligible.

This isn't a spousal sponsorship app and IRCC isn't going to retroactively make a judgement on the eligibility of the spouse as a dependent in this case, requiring investigation and revocation of the spouse's PR and therefore citizenship.

 

[Sarahannclarke5]

In a spousal sponsorship app, cheating could be a factor in determining a genuine relationship. In something like this case (presuming they are telling the truth) where the couple worked through a one time incident and stayed together, it doesn't make a spouse ineligible.

This isn't a spousal sponsorship app and IRCC isn't going to retroactively make a judgement on the eligibility of the spouse as a dependent in this case, requiring investigation and revocation of the spouse's PR and therefore citizenship.

Woah, that is wayyyyy far off than what my point was. But it in fact can make a spouse in admissable, although each case with their mitigating factors can reach a different outcome.
In the pilot program IF the undeclared child WOULD have made that person ineligible, they wouldnt be admissible.
Maybe you really misunderstood what the point is.
Absolutely, there are marriages where this has happened, and the spousal app is fine. There are ALSO cases where this has happened and the spouse was refused. At no point in my suggestion to "be wary" or that it would be a consideration to consult a lawyer for their thoughts did i ever mention a) this is a sponsor app or b) anyone would retroactively make any judgements or c) any investigations need to be made for removal.
Thats a far stretch, and extremely over exaggerated.

To the original poster, the pilot program states "This pilot project only applies to family members who wouldn’t have made their sponsor ineligible to immigrate to Canada".
Its so hard to know without all the mitigating factors if this applies, and your case may be one that everything should work out fine. Im just saying, better safe than sorry and to strengthen any issues that may arise, speaking to a lawyer/consultant may be a good idea.

 

[canuck_in_uk]

Woah, that is wayyyyy far off than what my point was. But it in fact can make a spouse in admissable, although each case with their mitigating factors can reach a different outcome.
In the pilot program IF the undeclared child WOULD have made that person ineligible, they wouldnt be admissible.
Maybe you really misunderstood what the point is.
Absolutely, there are marriages where this has happened, and the spousal app is fine. There are ALSO cases where this has happened and the spouse was refused. At no point in my suggestion to "be wary" or that it would be a consideration to consult a lawyer for their thoughts did i ever mention a) this is a sponsor app or b) anyone would retroactively make any judgements or c) any investigations need to be made for removal.
Thats a far stretch, and extremely over exaggerated.

To the original poster, the pilot program states "This pilot project only applies to family members who wouldn’t have made their sponsor ineligible to immigrate to Canada".
Its so hard to know without all the mitigating factors if this applies, and your case may be one that everything should work out fine. Im just saying, better safe than sorry and to strengthen any issues that may arise, speaking to a lawyer/consultant may be a good idea.

How is it off point? You seem to be trying to say that the pilot may not apply because the child may have made the father ineligible to originally be sponsored as a spouse, which would require a retroactive judgment regarding the genuineness of the spousal relationship and whether the father's PR status was validly obtained. You referenced a sponsorship appeal.

I would be curious to know what exactly you think a lawyer could do to "strengthen any issues" in this situation.

 

[codepink]

Hmm. We’ve sent the application in Nov 15th and the Sponsor has been approved to sponsor the child. Child’s medical has been passed and application has been transferred to local visa office for further processing.